Social entrepreneurship is not just an objective description of a phenomenon; it also carries a positive normative connotation. However, the academic discourse barely reflects social entrepreneurship’s inherent normativity and often grounds it implicitly on the mission of a social enterprise. In this paper, we argue critically that it is insufficient to ground social entrepreneurship’s inherent normativity on a social mission. Instead, we will show how such a mission-centric conception of social entrepreneurship, when put into practice, is prone to enhance rather (...) than diminish societal grievances. In order to give social entrepreneurship an explicit and sound ethical grounding, we draw on integrative economic ethics as a frame of reference. From this perspective, social entrepreneurship necessitates adherence to the discourse-ethically reasoned moral principle in order to live up to its inherent normative validity claim of good entrepreneurship. The consideration of social entrepreneurship practices is crucial to make this approach less vulnerable to ethical critique. The addition of a practice dimension overcomes the mission-centric view of social entrepreneurship and opens up a typology of enterprise forms, thereby enabling a more fine-grained distinction between social enterprises and other forms of organization. (shrink)

In this essay I develop a Marxist-informed anticolonialist position, and from this position I assess the role of law in the early Canadian settler-state. I claim that the flexibility of law is a measure of its restitutive and exploitative facets, such facets that operate dialectically as a means of moderating between the settler-state’s liberal democratic ideals and its capitalist imperatives. Law plays an integral role in this context because, by performing this moderating function, it stabilizes the socio-economic order of the (...) emergent settler-state. In the second half of this essay, I enrich my theoretical analysis by examining the variable legal subjectivity of early Ukrainian immigrants to Canada. This historical perspective allows me to illuminate the intricacies of the logic that informs law’s flexibility, and to show how the liberal democratic principle of freedom was—and continues to be—both extolled and compromised by the law’s moderating function. (shrink)

The intense and extensive debate over human embryonic stem cell research has focused primarily on the moral status of the human embryo. Some commentators assign full moral status of normal adult human beings to the embryo from the moment of its conception. At the other extreme are those who believe that a human embryo has no significant moral status at the time it is used and destroyed in stem cell research. And in between are many intermediate positions that assign an (...) embryo some degree of moral status between none and full. This controversy and the respective positions, like the abortion controversy, is by now well understood, despite the lack of progress in resolving it. I have argued briefly elsewhere that early embryos do not have significant moral status, but I do not want to reenter that debate here. Instead, I want to focus on an issue that has had relatively little explicit and separate attention, but is likely to loom larger in light of the Obama administration’s partial lifting of the Bush administration’s restriction on the embryos that can be used in stem cell research that receives federal funding. (shrink)

In this article, we outline a novel approach to understanding the role of responsibility in health promotion. Efforts to tackle chronic disease have led to an emphasis on personal responsibility and the identification of ways in which people can ‘take responsibility’ for their health by avoiding risk factors such as smoking and over-eating. We argue that the extent to which agents can be considered responsible for their health-related behaviour is limited, and as such, state health promotion which assumes certain forms (...) of moral responsibility should be avoided. This indicates that some approaches to health promotion ought not to be employed. We suggest, however, that another form of responsibility might be more appropriately identified. This is based on the claim that agents have prudential reasons to maintain their health, in order to pursue those things which make their lives go well—i.e. that maintenance of a certain level of health is rational for many agents, given their pleasures and plans. On this basis, we propose that agents have a self-regarding prudential responsibility to maintain their health. We outline the implications of a prudential responsibility approach to health promotion. (shrink)

The paper works out an account of the piety proper to philosophical thought. The investigation proceeds as a critical interpretation of three enigmatic claims made by Martin Heidegger about ‘the piety of thinking,’ but the paper is not simply exegetical; the interpretive work is constantly in service of an attempt to think through the phenomenon independently. Plato’s Euthyphro and Nietzsche’s critique of scientific piety both hover in the background of Heidegger’s pronouncements, and they are given special attention here. Through the (...) investigation, philosophical piety is shown to be a virtuous capacity to respond with fitting submission to the truth as what is insurmountably prior to us. To respond fittingly is, at least, to deal well with sameness and difference, which in the case of piety means to recognize two features of our situation: that philosophical questioning necessarily arises out of a fundamental listening, or affirmation, and that we always belong to being but only ever across a gap. (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)

Many people working in bioethics take pride in the subject’s embrace of a wide range of disciplines. This invites questions of what in particular is added by each. In this paper, I focus on the role of philosophy within the field: what, if anything, is its unique contribution to bioethics? I sketch out a claim that philosophy is central to bioethics because of its particular analytic abilities, and defend its place within bioethics from a range of sceptical attacks.

Care ethicists have long insisted that Kantian moral theory fails to capture the partiality that ought to be present in our personal relationships. In her most recent book, Virginia Held claims that, unlike impartial moral theories, care ethics guides us in how we should act toward friends and family. Because these actions are performed out of care, they have moral value for a care ethicist. The same actions, Held claims, would not have moral worth for a Kantian because of the (...) requirement of impartiality. Although Kantian moral theory is an impartial theory, I argue that the categorical imperative in the Formulation of Humanity as an End and the duty of respect require that we give special treatment to friends and family because of their relationships with us. Therefore, this treatment does have moral value for a Kantian. (shrink)

Recent literature on intrinsic value contains a number of disputes about the nature of the concept. On the one hand, there are those who think states of affairs, such as states of pleasure or desire satisfaction, are the bearers of intrinsic value (“Mooreans”); on the other hand, there are those who think concrete objects, like people, are intrinsically valuable (“Kantians”). The contention of this paper is that there is not a single concept of intrinsic value about which Mooreans and Kantians (...) have disagreed, but rather two distinct concepts. I state a number of principles about intrinsic value that have typically (though not universally) been held by Mooreans, all of which are typically denied by Kantians. I show that there are distinct theoretical roles for a concept of intrinsic value to play in a moral framework. When we notice these distinct theoretical roles, we should realize that there is room for two distinct concepts of intrinsic value within a single moral framework: one that accords with some or all of the Moorean principles, and one that does not. (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.

Animal models are used in experiments in the behavioural neurosciences that aim to contribute to the prevention and treatment of cognitive and affective disorders in human beings, such as anxiety and depression. Ironically, those animals that are likely to be the best models for psychopathology are also likely to be considered the ones that are most morally problematic to use, if it seems probable that (and if indeed they are initially selected as models because) they have experiences that are similar (...) to human experiences that we have strong reasons to avoid causing, and indeed aim to alleviate (such as pain, anxiety or sadness). In this paper, against the background of contemporary discussions in animal ethics and the philosophy of animal minds, we discuss the views that it is morally permissible to use animals in these kinds of experiments, and that it is better to use less cognitively complex animals (such as zebrafish) than more complex animals (such as dogs). First, we criticise some justifications for the claim that human beings and more complex animals have higher moral status. We argue that contemporary approaches that attribute equal moral status to all beings that are capable of conscious strivings (e.g. avoiding pain and anxiety; aiming to eat and play) are based on more plausible assumptions. Second, we argue that it is problematic to assume that less cognitively complex animals have a lesser sensory and emotional experience than more complex beings across the board. In specific cases, there might be good reasons to assume that more complex beings would be harmed more by a specific physical or environmental intervention, but it might also be that they sometimes are harmed less because of a better ability to cope. Determining whether a specific experiment is justified is therefore a complex issue. Our aim in this chapter is to stimulate further reflection on these common assumptions behind the use of animal models for psychopathologies. In order to be able to draw more definite conclusions, more research will have to be done on the influence of cognitive complexity on the experience of (human and non-human) animals. (shrink)

Aquaculture is the fastest growing animal-production sector in the world. This leads to the question how we should guarantee fish welfare. Implementing welfare standards presupposes that we know how to weigh, define, and measure welfare. While at first glance these seem empirical questions, they cannot be answered without ethical reflection. Normative assumptions are made when weighing, defining, and measuring welfare. Moreover, the focus on welfare presupposes that welfare is a morally important concept. This in turn presupposes that we can define (...) the capacities of fish, which is an empirical undertaking that informs and is informed by ethical theories about the moral status of animals. In this article we want to illustrate the need for a constant interaction between empirical scientific research and ethics, in which both fields of research make their own contribution. This is not a novel claim. However, the case of fish sheds new light on this claim, because regarding fish there is still much empirical uncertainty and there is a plurality of moral views on all levels. Therefore, we do not only want to show the necessity of this interaction, but also the added value of a cooperation between ethicists and empirical scientists, such as biologists, physiologists, and ethologists. We demonstrate this by considering the different steps in the process of reflection about and implementation of fish welfare. (shrink)

Whistle-blowing is generally considered from the viewpoint of professional morality. Morality rejects the idea of choice and the interests of the professional as immoral. Yet the dreadful retaliations against the messengers of the truth make it necessary for morality to leave a way out of whistle-blowing. This is why it forges rights (sometimes called duties) to trump the duty to the public prescribed by professional codes. This serves to hide the obvious fact that whether to blow the whistle is indeed (...) a choice, not a matter of objective duty. One should also notice that if it fails to achieve anything then blowing the whistle was the wrong decision (or maybe the right decision that nobody would want to make). There is nevertheless a tendency to judge it based on the motivation of the whistle blower. In a way, whistle blowers should strive to act like saints. Yet, it is logically impossible to hold both whistle-blowing as mandatory and whistle-blowers as heroes or saints. Moreover, this tends to value the great deeds of a few over the lives of the many, which is incompatible with the basic assumptions of morality. But consistency is not a main feature of professional morality. (shrink)

Many engineering ethics classes and textbooks introduce theories such as utilitarianism and Kantianism (and most others draw from these theories without mentioning them explicitly). Yet using ethical theories to teach engineering ethics is not devoid of difficulty. First, their status is unclear (should one pick a single theory or use them all? does it make a difference?) Also, textbooks generally assume or fallaciously ‘prove’ that egoism (or even simply accounting for one’s interests) is wrong. Further, the drawbacks of ethical theories (...) are underestimated and the theories are also otherwise misrepresented to make them more suitable for engineering ethics as the authors construe it, viz. the ‘moral reasoning’ process. Stating in what various theories disagree would allow the students to frame the problem more productively in terms of motive–consequence or society–individual dichotomies rather than in terms of Kant–utilitarian. (shrink)

Abstract: In this article, I consider some of the similarities and differences between deontologism in ethics and epistemology. In particular, I highlight two salient differences between them. I aim to show that by highlighting these differences we can see that epistemic deontologism does not imply epistemic internalism and that it is not a thesis primarily about epistemic permissibility . These differences are: (1) deontologism in epistemology has a quasi -teleological feature (not shared with moral deontologism) in that it does not (...) require that one abide by epistemic duties for the sake of (and not merely in accordance with) those very duties; and (2) in ethics, the relevant options we speak of are whether someone acts or does not act; in epistemology, we have an analogous further option: we can speak of whether someone believes that p , fails to believe that p , or withholds judgment about that p. (shrink)

Pro-life advocates commonly argue that fetuses have the moral status of persons, and an accompanying right to life, a view most pro-choice advocates deny. A difficulty for this pro-life position has been Judith Jarvis Thomson’s violinist analogy, in which she argues that even if the fetus is a person, abortion is often permissible because a pregnant woman is not obliged to continue to offer her body as life support. Here, we outline the moral theories underlying public health ethics, and examine (...) the COVID-19 pandemic as an example of public health considerations overriding individual rights. We argue that if fetuses are regarded as persons, then abortion is of such prevalence in society that it also constitutes a significant public health crisis. We show that on public health considerations, we are justified in overriding individual rights to bodily autonomy by prohibiting abortion. We conclude that in a society that values public health, abortion can only be tolerated if fetuses are not regarded as persons. (shrink)

We can address the issue of epistemic luck, the possibility that the world interferes with the activity of believing so as to keep that activity from achieving its aim, by rethinking the aim of that activity. So, if we give up truth, for example, as the aim of belief, and if we embrace a different aim—the aim of believing as my ideal self would have me believe—we can eliminate the possibility of luck and leave the world no room to interfere (...) in the affairs of the activity of believing. All this while at the same time preserving the epistemic’s responsiveness to the world. This way of seeing the epistemic is culled from the work of Kierkegaard’s pseudonyms. (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)

Background Best interests is a ubiquitous principle in medical policy and practice, informing the treatment of both children and adults. Yet theory underlying the concept of best interests is unclear and rarely articulated. This paper examines bioethical literature for theoretical accounts of best interests to gain a better sense of the meanings and underlying philosophy that structure understandings. Methods A scoping review of was undertaken. Following a literature search, 57 sources were selected and analysed using the thematic method. Results Three (...) themes emerged. The first placed best interests within the structure of wider theory, noting relationships with consequentialism, deontology, prudential value theory, rights and political philosophy. The second mapped a typology of processes of decision-making, among which best interests was ambiguously positioned. It further indicated factors that informed best interests decision-making, primarily preferences, dignity and quality of life. The final theme considered best interests from a relational perspective. Conclusions Characterisation of best interests as strictly paternalist and consequentialist is questionable: while accounts often suggested a consequentialist basis for best interests, arguments appeared philosophically weak. Deontological accounts, found in law and Kantianism, and theories of political liberalism influenced accounts of best interests, with accounts often associating best interests with negative patient preferences (i.e. individual refusals). There was much more emphasis on negative interests than positive interests. Besides preference, factors like dignity and quality of life were held to inform best interests decisions, but generally were weakly defined. To the extent that preferences were unable to inform decision making, decisions were either made by proxy authority or by an intersubjective process of diffuse authority. Differing approaches reflect bifurcations in liberal philosophy between new liberalism and neo-liberalism. Although neither account of authority appears dominant, bias to negative interests suggests that bioethical debate tends to reflect the widespread ascendancy of neo-liberalism. This attitude was underscored by the way relational accounts converged on private familial authority. The visible connections to theory suggest that best interests is underpinned by socio-political trends that may set up frictions with practice. How practice negotiates these frictions remains a key question. (shrink)

In a tribute to the intellectual legacy of Peter Fitzpatrick, this article explores the poiesis of modern law, as a constitutive ambivalence distilled in the affinity between law and literature. Reading with Fitzpatrick, the resolution of the contradictions of this law in myth depends, paradoxically, upon its fundamental irresolution. Reflecting upon the profound significance of his revelation of the mythology of modern law and its scholarly reverberations, I consider the constitutive tensions of this law as exemplified in the relation between (...) praxis and poiesis, the operative function of the former dependent upon the creative unfolding of the latter. The alchemy of autopoiesis, by which law boldly proclaims itself law, is made explicit in the eschatology of its archive and the formation of its sovereign subject in negation. Revealing the literary dimensions of this law, the conceit of autonomy is nonetheless subject to the subversive substitutions of the supplement. Pressing yet further, the autopoiesis of law is found to be enfolded within a generative sympoiesis, constituted by the movement between its apposite dimensions. Ultimately, extending Fitzpatrick’s rendering of the irresolution of modern law as decolonial, I explore the possibilities afforded by a reading of the fundamental mutuality of myths, and the decolonial conviviality of poiesis. (shrink)

In 2012, a provincial bill amended the Ontario Education Act to provide more focused measures to eliminate bullying on the basis of sexual orientation. Bill 13 specifically requires that students be allowed to establish gay-straight alliances (GSAs), including in the publicly-funded Catholic school system. The Ontario Catholic School Trustees’ Association responded by proposing an alternative policy, called “Respecting Difference,” on the grounds that GSAs run contrary to Catholic teaching. Respect is a complex ethical notion with a long philosophical history. Through (...) an overview of what philosophers from different traditions (including Kant, Buber, Levinas, Hegel, and Rawls) have said about respect, it becomes apparent that the kind of respect that is due to all persons requires recognition, or a willingness to accept the other as a self-identifying subject who is irreducible to my experience. In its discussion of LGBT students, the OCSTA fails to accord them such recognition, even while it emphasizes the meaning of difference. Consequently, there is reason to conclude that it does not truly respect sexual minority students and that it is not fully committed to eradicating homophobia-based bullying in the Catholic school system. “Respecting Difference” declines to heed best evidence about the factors that actually protect LGBT students from bullying, and uses the guidelines for “Respecting Difference” groups as an opportunity to reinforce its pathologization of LGBT identity itself. (shrink)

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways consistent (...) with the PGC, or deny that human beings are equal in dignity and rights (which idea defines human rights) or that they are agents (and hence subject to any rules at all). Implications for the interpretation of the international legal system of human rights inspired by the Universal Declaration of Human Rights 1948 are sketched. (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.

Either we are in an elevated extinction rate event or in a mass extinction. Scientists disagree, and the matter cannot be resolved empirically until it is too late. We are the cause of the elevated extinction rate. What does this say about us, we who are Homo sapiens—the wise hominid? Beginning with the Renaissance and spreading during the 18th century, the normative notion of humanity has arisen to stand for what expresses our dignity as humans—specifically our thoughtfulness, in the double (...) sense of our capacity for reasoned choice and our capacity to enter sympathetically into the lives of others considering their good outside of the egotistical orbit of our own. Concurrent with this tradition has been a counter-current of critical thought viewing humans as self-defeating or self-destructive beings. This view reached great heights in the 20th century. Our causing an elevated extinction rate is largely unintentional and goes against our humanity in form as well as in content. Accordingly, it shows us to .. (shrink)

In their philosophical projects that address the concept of law, Immanuel Kant, Johann G. Fichte, and Georg W. F. Hegel all employ transcendental argumentation to demonstrate the sovereignty of community and the existence of power. They do this in the attempt to conceptually ground the idea of freedom and reconcile it with the notion of coercion within the framework of the idea of positive law. This article focuses solely on the Kantian project, since the approaches of Fichte and Hegel take (...) on a more speculative turn in addition to their transcendental form. (shrink)

Given that artificial moral agents—such as autonomous vehicles, lethal autonomous weapons, and automated financial trading systems—are now part of the socio-ethical equation, we should morally evaluate their behavior. How should artificial moral agents make decisions? Is one moral theory better suited than others for machine ethics? After briefly overviewing the dominant ethical approaches for building morality into machines, this paper discusses a recent proposal, put forward by Don Howard and Ioan Muntean (2016, 2017), for an artificial moral agent based on (...) virtue theory. While the virtuous artificial moral agent has various strengths, this paper argues that a rule-based utilitarian approach (in contrast to a strict act-utilitarian approach) is superior because it can capture the most important features of the virtue-theoretic approach while realizing additional significant benefits. Specifically, a 2-level utilitarian artificial moral agent incorporating both established moral rules and a utility calculator is especially well-suited for machine ethics. (shrink)

This essay contributes to our understanding of the relation between the philosophies of Hegel and Sellars. While most treatments of this relation have focused on metaphysics or epistemology, I focus on ethics, and in particular on the formulation of moral agency. I argue that Hegel and Sellars arrive at a similar metaphilosophical rejection of individual moral agency in favor of conceptions of moral agency as the outcome of social mediation. To demonstrate this, I trace how Hegel and Sellars offer parallel (...) resolutions of the ‘Kantian paradox’: the apparent problem that, in Kantian ethics, moral agents must both freely self-legislate the moral law unto themselves and stand in a dutiful relation to the moral law as a necessary function of practical reason. Drawing Hegel and Sellars together in this way casts new light on Sellars’s understudied ethical theory and further evidences the contemporary relevance of Hegel’s moral philosophy. (shrink)

Plato’s tripartite soul plays a central role in his account of justice in the Republic. It thus comes as a surprise to find him apparently abandoning this model at the end of the work, when he suggests that the soul, as immortal, must be simple. I propose a way of reconciling these claims, appealing to neglected features of the city-soul analogy and the argument for the soul’s division. The original true soul, I argue, is partitioned, but in a finer manner (...) than how we encounter it in our everyday lives. (shrink)

The state subvention and distribution of health care not only jeopardize the financial sustainability of the state, but also restrict without a conclusive rational basis the freedom of patients to decide how much health care and of what quality is worth what price. The dominant biopolitics of European health care supports a healthcare monopoly in the hands of the state and the medical profession, which health care should be opened to the patient’s authority to deal directly for better basic health (...) care. In a world where it is impossible for all to receive equal access to the best of basic health care, one must critically examine the plausible scope of the authority of the state to limit access to better basic health care. Classical distributive justice affords a basis for re-examining the current European ideology of equality, human dignity, and solidarity that supports healthcare systems with unsustainable egalitarian concerns. (shrink)

This paper is about an overlooked aspect—the cognitive or epistemic aspect—of the moral demand we place on one another to be treated well. We care not only how people act towards us and what they say of us, but also what they believe of us. That we can feel hurt by what others believe of us suggests both that beliefs can wrong and that there is something we epistemically owe to each other. This proposal, however, surprises many theorists who claim (...) it lacks both intuitive and theoretical support. This paper argues that the proposal has intuitive support and is not at odds with much contemporary theorizing about what we owe to each other. (shrink)

: This essay expresses ambivalence about the use of the term "evil" in analyses of terrorism in light of the association of the two in speeches intended to justify the United States' "war on terrorism." At the same time, the essay suggests that terrorism can be regarded as "evil" but only when considered among a multiplicity of "evils" comparable to it, for example: rape, war crimes, and repression.

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream (...) punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the unconditionality of mercy propounded by Seneca. (shrink)

When a novel scientific theory conflicts with otherwise plausible moral assumptions, we do not treat that as evidence against the theory. We may scrutinize the empirical data more keenly and take extra care over its interpretation, but science is in some core sense immune to moral refutation. Can the same be said of philosophical theories (or the non-ethical, ‘metaphysical’ ones at least)? If a position in the philosophy of mind, for example, is discovered to have eye-widening moral import, does that (...) count against it at all? Actual responses by philosophers to the question of whether unanticipated moral consequences of metaphysical theories have evidential force are scattered, implicit, divergent, under-argued, and sometimes even self-undermining. The present discussion is, most immediately, an attempt to sort out the confusion. Beyond that, it exploits the new perspective this question gives us on a familiar topic: the relation of philosophy to science. (shrink)

This paper responds to Richard Joyce’s argument for a moral error theory. Joyce claims that our moral discourse purports to speak of something objective in that it presupposes the existence of non-institutional, categorical reasons for action. Given this, he argues that a proper vindication of our moral discourse would be one carried out from a point of view that is objective inasmuch as it is external to the ‘institution of morality’. And since our moral discourse cannot be vindi- cated from (...) that external point vantage point, it follows that that discourse is fundamentally flawed. My critique of Joyce’s argument goes to his appeal to an external point of view from which to assess the legitimacy of our moral discourse. I argue that our moral talk is intelligible only in the context of the understanding we inhabit as moral agents. Hence, the external vantage point that Joyce identifies is a point of view from which moral claims are deprived of the conditions in which they make sense. I therefore reject Joyce’s claim that our moral discourse is conceptually non-institutional: whilst morality is committed to categorical reasons, these reasons are ‘institutional’ insofar they are intelligible only from within the institution of morality. (shrink)

Stephen Darwall's The Second-Person Standpoint converges with Emmanuel Levinas's concern about the role of the second-person relationship in ethics. This paper contrasts their methodologies (regressive analysis of presuppositions versus phenomenology) to explain Darwall's narrower view of ethical experience in terms of expressed reactive attitudes. It delineates Darwall's overall justificatory strategy and the centrality of autonomy and reciprocity within it, in contrast to Levinas's emphasis on the experience of responsibility. Asymmetrical responsibility plays a more foundational role as a critical counterpoint to (...) 'mean-spirited' reciprocity than Darwall's laudable distinction between accountability and revenge, and responsibility even founds this distinction. The experience of being summoned to asymmetrical responsibility amplifies the meaning of 'authority', which is a presupposition for Darwall. Finally, asymmetrical responsibility helps develop decentred reasoning, invites risk beyond the boundaries of reciprocity at moments when autonomy appears endangered, reconciles respect and care at the experiential level, and presses to extend the scope of moral obligation. (shrink)

Our understanding of emotional labor, while conceptually and empirically substantial, is normatively impoverished: very little has been said or written expressly about its ethical dimensions or ramifications. Emotional labor refers to efforts undertaken by employees to make their private feelings and/or public emotion displays consistent with job and organizational requirements. We formally define emotional labor, briefly summarize research in organizational behavior and social psychology on the causes and consequences of emotional labor, and present a normative analysis of its moral limits (...) focused on conditional rights and duties of employers and employees. Our focus is on three points of conflict involving rights and duties as they apply to the performance of emotional labor: when employees’ and organizations’ rights conflict, when employees’ rights conflict with their duties, and when organizations’ rights conflict with their duties. We discuss implications for future inquiry as well as managerial practice. (shrink)

As the interest in the quality of work life grows, it becomes increasingly apparent that certain practices within this arena require critical scrutiny. This paper is an examination of one such area, performance appraisal (PA). We examine some of the main conceptual issues in PA, and we sketch some key, practical dilemmas that may arise in the use of PA. We conclude that one can morally justify the use of PA under certain condition, and we suggest possible solutions to key (...) ethical dilemmas that are faced by the manager and the employee. (shrink)

The 1992 incorporation of an article by referendum in the SwissConstitution mandating that the federal government issue regulations onthe use of genetic material that take into account the dignity ofnonhuman organism raises philosophical questions about how we shouldunderstand what is meant by ``the dignity of nonhuman animals,'' andabout what sort of moral demands arise from recognizing this dignitywith respect to their genetic engineering. The first step in determiningwhat is meant is to clarify the difference between dignity when appliedto humans and (...) when applied to nonhumans. Several conceptions of humandignity should be rejected in favor of a fourth conception: the rightnot to be degraded. This right implies that those who have it have thecognitive capacities that are prerequisite for self-respect. In the caseof nonhuman organisms that lack this capacity, respecting their dignityrequires the recognition that their inherent value, which is tied totheir abilities to pursue their own good, be respected. This value isnot absolute, as it is in the case of humans, so it does not prohibitbreeding manipulations that make organisms more useful to humans. But itdoes restrict morally how sentient animals can be used. In regard togenetic engineering, this conception requires that animals be allowedthe uninhibited development of species specific functions, a positionshared by Holland and Attfield, as opposed to the Original Purposeconception proposed by Fox and the Integrity of the Genetic Make-upposition proposed by Rolston. The inherent value conception of dignity,as here defended, is what is meant in the Swiss Constitution article. (shrink)

This paper defends the doctrine that moral requirements are categorical in nature. My point of departure is John McDowell’s 1978 essay, “Are Moral Requirements Hypothetical Imperatives?”, in which McDowell argues, against Philippa Foot, that moral reasons are not conditional upon agents’ desires and are, in a certain sense, inescapable. After expounding McDowell’s view, exploring his idea that moral requirements “silence” other considerations and discussing its particularist ethos, I address an objection that moral reasons, as McDowell conceives them, are fundamentally incomplete (...) in ways only a full-bloodedly Kantian appeal to pure practical reason can remedy. I conclude that the objection fails: ordinary moral reasons do not stand in need of a grounding in Reason. There is no prospect of deriving them from a supreme principle of morality or other canons of rationality. Ordinary reasons are sufficient in themselves, though their significance can be elucidated and illuminated by various strategies — some broadly Aristotelian, some drawing inspiration from Kant’s formula of humanity — in ways that can strengthen and vindicate them. Notwithstanding the failure of the objection, I conclude by reflecting on how Kantian insights can yet play a significant role in a McDowellian view of moral deliberation and moral education. (shrink)

In this article, we use the theory of Information Ethics to argue that deceased people have a prima facie moral right to privacy in the context of health data research, and that this should be reflected in regulation and guidelines. After death, people are no longer biological subjects but continue to exist as informational entities which can still be harmed/damaged. We find that while the instrumental value of recognising post-mortem privacy lies in the preservation of the social contract for health (...) research, its intrinsic value is grounded in respect for the dignity of the post-mortem informational entity. However, existing guidance on post-mortem data protection is available only in the context of genetic studies. In comparing the characteristics of genetic data and other health-related data, we identify two features of DNA often given as arguments for this genetic exceptionalism: relationality and embodiment. We use these concepts to show that at the appropriate Level of Abstraction, there is no morally relevant distinction between posthumous genetic and other health data. Thus, genetic data should not automatically receive special moral status after death. Instead we make a plea for ‘contextual exceptionalism’. Our analysis concludes by reflecting on a real-world case and providing suggestions for contextual factors that researchers and oversight bodies should take into account when designing and evaluating research projects with health data from deceased subjects. (shrink)

This paper examines Moran’s argument for the special authority of the first-person, which revolves around the Self/Other asymmetry and grounds dichotomies such as the practical vs. theoretical, activity vs. passivity, and justificatory vs. explanatory reasons. These dichotomies qualify the self-reflective person as an agent, interested in justifying her actions from a deliberative stance. The Other is pictured as a spectator interested in explaining action from a theoretical stance. The self-reflective knower has authority over her own mental states, while the Spectator (...) does not. I highlight the implications of this construal for a theory of action, and call attention onto some other interesting normative relations between the self-reflective agent and the Other that escape both the first-person and the third-person approach. My contention is that the authority of self-reflection (and of reason) is best understood as a relation of mutual recognition between self and others, hence from a second-person stance. (shrink)

On a reproché au modèle perceptuel de la connaissance morale d'être inadéquat en ce qu'il serait incapable d'expliquer le signe distinctif et fondamental de l'éthique, à savoir son caractère normatif. Je tente de montrer que la critique n'est pas pertinente, car le normatif n'a en réalité qu'une place dérivée en morale : l'éthique est d'abord une question de valeurs, entités dont il est tout à fait plausible de dire que nous les percevons. Pour justifier la place dérivée du normatif, je (...) m'appuie sur les études de Max Scheler et sur l'examen de certains traits de la psychologie morale, qui tendent à montrer que le normatif n'est qu'un cas particulier de l'axiologique, mettant en évidence les caractères de force des valeurs, de risques de transgression et de contrainte.The perceptual model of moral knowledge has been the target of criticisms: it could be unable to explain the basic character of ethics, namely its normative character. I try to show that this criticism is misguided: in fact normativity is not central but lateral to ethics. What matters in ethics first and foremost are values, and it is quite appropriate to say we perceive values. To justify the lateral character of normativity, I rely on some analysis of Max Scheler and turn to some traits of moral psychology. It suggests that the normativity is a province of the axiological, characterized by strength of values, risks of transgression and constraint. (shrink)

For some decades, the concept of human dignity has been widely discussed in bioethical literature. Some authors think that this concept is central to questions of respect for human beings, whereas others are very critical of it. It should be noted that, in these debates, dignity is one component of a long-lasting and widespread conceptual construct used to support a stance on the ethical question of the moral status of an action or being. This construct has been used from Modernity (...) onward to condemn slavery and torture as violations of human dignity. In spelling it out, we can come to a better understanding of what “dignity” means and become aware that there exists a quite useful place for this notion in our ethical thought, albeit a modest one. (shrink)

We argue that the mandatory moral bioenhancement of psychopaths is justified as a prescription of social morality. Moral bioenhancement is legitimate when it is justified on the basis of the reasons of the recipients. Psychopaths expect and prefer that the agents with whom they interact do not have certain psychopathic traits. Particularly, they have reasons to require the moral bioenhancement of psychopaths with whom they must cooperate. By adopting a public reason and a Kantian argument, we conclude that we can (...) justify to a psychopath being the recipient of mandatory moral bioenhancement because he has a reason to require the application of this prescription to other psychopaths. (shrink)