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)

What is the meaning of perestrojka? There is no doubt that it led to the end of the Cold War and had a huge impact on the international situation. Nevertheless, there is no consensus as to the outcomes of perestrojka. Perestrojka brought about the collapse of the Soviet Union. This fact might be interpreted positively: it opened the possibility to restore historical truth and to create independent democratic states. From another perspective, it can be conceived negatively as a destruction of (...) the integrity of the Soviet Union and the loss of a part of the territory as well as the economy of Russia (according to the President of the Gorbačev Foundation, Viktor Kuvaldin, during the conference “Revisiting Perestroika—Processes and Alternatives”). Perestrojka has no one definite general meaning, but it has a very specific one for Lithuania. In this paper I ask: What is the meaning of perestrojka for contemporary Lithuania and for post-Soviet life? Was perestrojka a failure or a success? I approach perestrojka from a moral point of view, suggesting that the perestrojka made possible a fundamental choice between several alternatives. Once the choice was made the specificity of future goals and evaluation of the past opened up. I concentrate on the moral value of the act of accommodation (and resistance) to the Soviet regime, on the conflict of values represented by the “nation’s own” and the goodness of the political order, and on the role of freedom and determinism in history. Immanuel Kant’s conception of duty and the categorical imperative is used as a model for the analysis of the situation of choice. (shrink)

The development of nursing ethics as a field of inquiry has largely relied on theories of medical ethics that use autonomy, beneficence, and/or justice as foundational ethical principles. Such theories espouse a masculine approach to moral decision-making and ethical analysis. This paper challenges the presumption of medical ethics and its associated system of moral justification as an appropriate model for nursing ethics. It argues that the value foundations of nursing ethics are located within the existential phenomenon of human caring within (...) the nurse/patient relationship instead of in models of patient good or rights-based notions of autonomy as articulated in prominent theories of medical ethics. Models of caring are analyzed and a moral-point-of-view (MPV) theory with caring as a fundamental value is proposed for the development of a theory of nursing ethics. This type of theory is supportive to feminist medical ethics because it focuses on the subscription to, and not merely the acceptance of, a particular view of morality. (shrink)

The Wide-Scope view of instrumental reason holds that you should not intend an end without also intending what you believe to be the necessary means. This, the Wide-Scoper claims, provides the best account of why failing to intend the believed means to your end is a rational failing. But Wide-Scopers have struggled to meet a simple Explanatory Challenge: why shouldn't you intend an end without intending the necessary means? What reason is there not to do so? In the first half (...) of this paper, I argue that the Wide-Scope view struggles to meet this challenge because it takes the principles of instrumental reason to have unlimited application—to apply to all agents, in all circumstances. I then go on to offer a new account of these principles. The new account is very much in the spirit of the Wide-Scope view, and shares its central advantages, but lacks its unlimited application. This view should, therefore, find the Explanatory Challenge more tractable. In the second half of the paper, I argue that this prediction is confirmed. If the requirements of instrumental reason apply only when a means is, or is believed to be, necessary for your end, then plausible independent claims, about reasons, rationality, and intentions, explain why failing to intend the necessary means to your ends is a rational failing. (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.

Can any being worthy of worship make others worship it? I think not. By way of an analogy to love, I argue that it is perfectly coherent to think that one could be made to worship. However, forcing someone to worship violates their autonomy, not because worship must be freely given, but because forced worship would be inauthentic—much like love earned through potions. For this reason, I argue that one cannot be made to worship properly; forced worship would be unfitting. (...) My principal claim is that no being worthy of worship could exercise the power to make others worship it, since the act of making another worship would necessarily make one unworthy of worship. (shrink)

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

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)

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

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 builds on Arendt’s development of a Kantian politics from out of the conception of reflective judgment in the Critique of Judgment. Arendt looks to Kant’s analysis of the beautiful to explain how political thought can be conceived. And yet Arendt describes such Kantian reflection as an empirical undertaking that justifies itself only in relation to the abstract principle of the moral law. The problem for such an account is that the autonomy of the moral law appears to be (...) at odds with the social cohesion of Kantian political life. The ensuing contradiction can be deemed the antinomy of political judgment. Kant’s conception of reflective judgment offers such an inquiry considerably more to work with than Arendt uncovers. In particular, the regulative principle of the purposiveness of nature that is shown to direct all reflection can be seen to offer the solution to this antinomy. (shrink)

It is generally agreed that the current methods of providing health care in the West need to be reformed. Such reforms must operate within the practical limitations to which any future system of health care will be subject. These limitations include an increase in the demand for costly end-of-life health care coupled with a reduction in the proportion of the population who are working taxpayers (and hence a reduction in the proportionate amount of health care funding that can be secured (...) through taxation) and the fact that the imposition of bureaucratic regulations on health care systems is costly. Recognizing these limitations should naturally lead one to consider market-based reforms. Yet despite the practical impetus for such reforms, there is still widespread concern that market-based health care is unethical. The purpose of this paper is to address this concern and, in so doing, to pave the way for the market-based reform of health care to proceed. (shrink)

The ethics of care, adopted in much of the nursing literature, is usually framed in opposition to the Kantian ethics of principle. Irrespective of whether the ethics of care is grounded in gender, as with Gilligan and Noddings, or inscribed on Heidegger's ontology, as with Benner, Kant remains the philosophical adversary, honouring reason rather than emotion, universality rather than context, and individual autonomy rather than interdependence. During the past decade, however, a great deal of Kantian scholarship – including feminist scholarship (...) – has rendered this series of oppositions questionable, challenging the view that an ethics of care and Kant's moral law are irreconcilable. This paper therefore re‐examines Kant's writings, drawing on recent scholarship, and argues both that they provide the care ethicists with everything they require, and that they offer something beyond an ethics of care, something that repairs the deficits in philosophies of caring. It concludes by suggesting that a Kantian ethics of care has significant implications for the construction of nursing knowledge. (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)

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)

This essay reflects on issues raised by commentators regarding my book, The Atrocity Paradigm: A Theory of Evil (Oxford 2002). They are (1) Robin Schott's observation of the tension between my discussion of forgiveness and of castration fantasies; (2) Bat-Ami Bar On's questions regarding whether evil is ethical, political, or both; (3) Adam Morton's queries regarding the relative seriousness of evils and injustices; and (4) María Pía Lara's concerns regarding what is valuable in Kant's ethics.

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.

T.M. Scanlon (1998) proposes that promise breaking is wrong because it shows manipulative disregard for the expectations for future behavior created by promising. I argue that this account of promissory obligation is mistaken in it own right, as well as being at odds with Scanlon's contractualism. I begin by placing Scanlon's account of promising within a tradition that treats the creation of expectations in promise recipients as central to promissory obligation. However, a counterexample to Scanlon's account, his case of the (...) "Profligate Pal," will show that this view of promissory obligation, which I call the Expectations View, is incorrect. In its place, I propose an account of promissory obligation I call Promising as Accountability, according to which promising is a way of making oneself accountable to others for a future act. Not only is Promising as Accountability a more defensible approach to promissory obligation, it also better fits with certain general features of Scanlon's contractualism. (shrink)

A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...) that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)

In this philosophical paper, we explore computational and biological analogies to address the fine-tuning problem in cosmology. We first clarify what it means for physical constants or initial conditions to be fine-tuned. We review important distinctions such as the dimensionless and dimensional physical constants, and the classification of constants proposed by Lévy-Leblond. Then we explore how two great analogies, computational and biological, can give new insights into our problem. This paper includes a preliminary study to examine the two analogies. Importantly, (...) analogies are both useful and fundamental cognitive tools, but can also be misused or misinterpreted. The idea that our universe might be modelled as a computational entity is analysed, and we discuss the distinction between physical laws and initial conditions using algorithmic information theory. Smolin introduced the theory of "cosmological natural selection" with a biological analogy in mind. We examine an extension of. (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)

Practical equilibrium, like reflective equilibrium, is a way of deciding what to think about morality. It shares with reflective equilibrium the general thesis that there is some way in which a moral theory must, in order to be acceptable, answer to one’s moral intuitions, but it differs from reflective equilibrium in its specification of exactly how a moral theory must answer to one’s intuitions. Whereas reflective equilibrium focuses on a theory’s consistency with those intuitions, practical equilibrium also gives weight to (...) a theory’s approval of one’s having those intuitions. (shrink)

While promoting population health has been the classic goal of public health practice and policy, in recent decades, new objectives in terms of autonomy and equality have been introduced. These different goals are analysed, and it is demonstrated how they may conflict severly in several ways, leaving serious unclarities both regarding the normative issue of what goal should be pursued by public health, what that implies in practical terms, and the descriptive issue of what goal that actually is pursued in (...) different contexts. A basic conflict of perspective is handled by integrating the ideas of public health striving for health-related autonomy and equality, resulting in a prioritarian oriented population approach to health-related autonomy. This integrated goal is demonstrated to constrain itself in several ways attractive from the point of view of the classic goal, but several serious problems remain. For this reason, a model where all of the three goals are integrated into one coherent structure where they can be assigned varying degrees of importance relative to the level of population health is described. It is argued that this model avoids the problems set out earlier, and is actually normatively preferable to the classic goal alone. It is furthermore argued that the model may be employed as a useful tool for descriptive ethics, as well as a vehicle for international harmonisation of public health policies. A number of practical implications regarding, e.g., the importance of respecting autonomy and the allocation of public health resources are noted, as are a battery of questions for further research. (shrink)

Joshua Greene has argued that several lines of empirical research, including his own fMRI studies of brain activity during moral decision-making, comprise strong evidence against the legitimacy of deontology as a moral theory. This is because, Greene maintains, the empirical studies establish that “characteristically deontological” moral thinking is driven by prepotent emotional reactions which are not a sound basis for morality in the contemporary world, while “characteristically consequentialist” thinking is a more reliable moral guide because it is characterized by greater (...) cognitive command and control. In this essay, I argue that Greene does not succeed in drawing a strong statistical or causal connection between prepotent emotional reactions and deontological theory, and so does not undermine the legitimacy of deontological moral theories. The results that Greene relies on from neuroscience and social psychology do not establish his conclusion that consequentialism is superior to deontology. (shrink)

Case B. You tell me that eating meat is immoral. Although I believe that, left to my own devices, I would not think this, no matter how long I reflected, I adopt your attitude as my own. It is not that I believe that you are better informed about potentially relevant non-moral facts (e.g., about the conditions under which livestock is kept, or about the typical effects of eliminating meat from one’s diet). On the contrary, I know that I have (...) all of the non-moral information relevant to the issue that you have. (shrink)

This paper explores the so-called buck-passing accounts of value. These views attempt to use normative notions, such as reasons and ought to explain evaluative notions, such as goodness and value . Thus, according to Scanlon's well-known view, the property of being good is the formal, higher-order property of having some more basic properties that provide reasons to have certain kind of valuing attitudes towards the objects. I begin by tracing some of the long history of such accounts. I then describe (...) the arguments which are typically used to motivate these views. The rest of this article investigates how some of the central details of the buck-passing accounts should be specified, and what kind of problems these views face. (shrink)

It’s widely accepted that normativity is not subject to truth values. The underlying reasoning is that truth values can only be predicated of descriptive statements; normative statements are prescriptive, not descriptive; thus truth value predicates cannot be assigned to normative statements. Hence, deonticity lacks logical semantics. This semantic monism has been challenged over the last decades from a series of perspectives that open the way for legal logics with imperative semantics. In the present paper I will go back to Kant (...) and review his understanding of practical judgments, presenting it as supported by a pluralistic semantics. From this perspective a norm of Law is a logical expression that includes as content a generic description of a possible behavior by a generality of juridical agents, and assigns to that content the assertion of its obligatory character, accompanied by a disincentive for non-compliance. From this perspective legal norms can be syntactically formalized and assigned appropriate semantic values in such terms that they can be incorporated into valid inferential schemes. The consequence is that we can put together legal logics that handle both the phenomenal and the deontic dimensions of legality. (shrink)

Many environmental problems are longitudinal collective action problems. They arise from the cumulative unintended effects of a vast amount of seemingly insignificant decisions and actions by individuals who are unknown to each other and distant from each other. Such problems are likely to be effectively addressed only by an enormous number of individuals each making a nearly insignificant contribution to resolving them. However, when a person’s making such a contribution appears to require sacrifice or costs, the problem of inconsequentialism arises: (...) given that a person’s contribution, although needed (albeit not necessary), is nearly inconsequential to addressing the problem and may require some cost from the standpoint of the person’s own life, why should the person make the effort, particularly when it is uncertain (or even unlikely) whether others will do so? In this article I argue that justifications for making the effort to respond to longitudinal collective action environmental problems are, on the whole, particularly well supported by virtue-oriented normative theories, on which character traits are evaluated as virtues and vices consequentially or teleologically and actions are evaluated in terms of virtues and vices. If ethical theories are to be assessed on their theoretical and practical adequacy, and if providing a compelling response to the problem of inconsequentialism is an instance of such adequacy, then this is a reason for preferring virtue-oriented ethical theory over non-virtue-oriented ethical theories, such as Kantian, act utilitarian, and global utilitarian theories. (shrink)

Stephen Maitzen argues that divine command metaethics must be mistaken because it is committed to the implausible assumption that the sentence ‘God is good’ is a tautology. In this article, I show that a charitable interpretation of R. M. Adams’ version of divine command metaethics is not committed to accept this assumption. I conclude that Maitzen’s objection merely manages to refute a strawman version of divine command metaethics.

In this commentary, I critically discuss the respective views of Gert and Beauchamp–Childress on the nature of so-called common morality and its promise for enriching ethical reflection within the field of bioethics. Although I endorse Beauchamp and Childress’ shift from an emphasis on ethical theory as the source of moral norms to an emphasis on common morality, I question whether rouging up common morality to make it look like some sort of ultimate and universal foundation for morality, untouched by the (...) dialectics of time and reflective equilibrium, was an equally good move. As for Gert’s magisterial conception of common morality, I conclude that certain elements of his system are controversial at best and woefully inadequate at worst. He has a tendency to find in common morality what he himself put there, and his highly restricted conception of duties of assistance strikes this reader as ad hoc, inadequately defended, and unworthy of a project whose goal is to lessen the amount of misery in the world. (shrink)

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

The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of (...) constitutional rights and the reasons for assigning them. Corporate personhood and corporate constitutional rights are not problematic per se once these notions are decoupled from biological, metaphysical, or moral considerations. The real challenge is that we need a principled way of thinking about the priority of human over corporate persons which does not reduce the efficacy of corporate institutions or harm liberal democracies. (shrink)

It is commonly assumed that to educate means to control or guide a person’s acting and development. On the other hand, it is often presupposed that the addressees of education must be seen as being endowed with free will. The question raised in this paper is whether these two assumptions are compatible. It might seem that if the learner is free in her will, she cannot be educated; however, if she is successfully educated, then it is doubtful whether she can (...) be seen as free. Inspired by the current philosophical debate on the compatibility of free will and determinism, this paper spells out two versions of this dilemma. The first version relies on the idea that to be free means being the causal source of one’s actions. The second formulation refers to the notion of freedom as the ability to act otherwise than the way one actually acts. The solution to the dilemma that is developed in this paper, however, uses a third concept of free will—to be free means being able to act on reasons. (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)

In response to challenges to moral philosophy presented by other disciplines and facing a diversity of approaches to the foundation and focus of morality, this paper argues for a pluralist meta-ethics that is methodologically hierarchical and guided by the principle of subsidiarity. Inspired by Deweyan pragmatism, this novel and original application of the subsidiarity principle and the related methodological proposal for a cascading meta-ethical architecture offer a “dirty” and instrumentalist understanding of meta-ethics that promises to work, not only in moral (...) philosophy but also in the (rest of the) real world, and that facilitates collaboration with other disciplines outside moral philosophy. (shrink)

In the middle section of Theory and Practice, Kant speaks briefly `against Hobbes '; but for a fuller version of Kant's anti-Hobbesianism one must turn to the three Critiques, the Groundwork, and Religion within the Limits of Reason Alone. It is in those works that one learns that, for Kant, Hobbes 's notion of `will' as fully determined `last appetite' destroys the freedom needed to take `ought' or moral necessity as the motives for self-determined action; that Hobbes ' s version (...) of the social contract is thus incoherent; that Hobbes is not even able to show how moral ideas are conceivable through the `pressure' of `outward objects'. For Kant, in short, Hobbes has no adequate notions of will, freedom, moral necessity, ideation, or even obligatory contract, and therefore fails in his own stated aims. Key Words: Hobbes • Kant • politics • reason • teleology • will. (shrink)

R.M. Hare’s two-level utilitarianism provides a useful framework for understanding the evolution of codes of professional ethics. From a Harean perspective, the codes reflect both the fact that members of various professions face special kinds of ethically charged situations in the normal course of their work, and the need for people in special roles to acquire various habits of thought and action. This highlights the role of virtue in professional ethics and provides guidance to professional societies when considering modifications to (...) their codes. From a Harean perspective, a professional society should ask both “Are there kinds of situations that members of this profession will normally encounter which members of other professions and/or the general public will not?” and “What habits of thought and action would it be good for individuals encountering such situations to have?”. (shrink)

With respect to questions of fact, people use heuristics – mental short-cuts, or rules of thumb, that generally work well, but that also lead to systematic errors. People use moral heuristics too – moral short-cuts, or rules of thumb, that lead to mistaken and even absurd moral judgments. These judgments are highly relevant not only to morality, but to law and politics as well. Examples are given from a number of domains, including risk regulation, punishment, reproduction and sexuality, and the (...) act/omission distinction. In all of these contexts, rapid, intuitive judgments make a great deal of sense, but sometimes produce moral mistakes that are replicated in law and policy. One implication is that moral assessments ought not to be made by appealing to intuitions about exotic cases and problems; those intuitions are particularly unlikely to be reliable. Another implication is that some deeply held moral judgments are unsound if they are products of moral heuristics. The idea of error-prone heuristics is especially controversial in the moral domain, where agreement on the correct answer may be hard to elicit; but in many contexts, heuristics are at work and they do real damage. Moral framing effects, including those in the context of obligations to future generations, are also discussed. (shrink)

Heidegger’s critique of European nihilism seeks to expose self-legislation as the governing principle of central manifestations of modernity such as science, technology, and the interpretation of art as aesthetics. Need we accept the conclusion that modern constitutional democracies are intrinsically nihilistic, insofar as they give political and legal form to the principle of collective self-legislation? An answer to this question turns on the concept of power implied in constituent and constituted power. A confrontation of the genealogies of modern subjectivity proposed (...) by Heidegger and Blumenberg suggests that there is indeed a metaphysical core to the concept of constituent power developed by various political theorists, including Schmitt and Habermas. By contrast, closer consideration of the paradoxical relation between constituent and constituted power illuminates the ambiguity of collective self-legislation, which means both enactment of a legal order by a collective self and the enactment of a collective self by a legal order. To the extent that constitutional democracies are a way of preserving rather than dissolving this ambiguity, they imply an interpretation of power and human finitude that parries the charge of nihilism. (shrink)

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)

This paper is concerned with the normative content of Kant's formula of humanity (FH). More specifically, does FH, as some seem to think, imply the specific and rigid prescriptions in 'standard' deontological theories? To this latter question, I argue, the answer is 'no'. I propose reading FH largely through the formula of autonomy and the formula of the kingdom of ends, where I understand FA to describe the nature of the capacity of humanity-a capacity for self-governance. The latter, I suggest, (...) is akin to the capacity for planning and intentional action described in Michael Bratman's work. A significant part of what FH requires, I then propose, is that we exercise these capacities for planning in such a way that we accommodate and coordinate with the (permissible) plans and intentions of others. Kant himself, as do many commentators, emphasizes the idea that our human capacities give us a distinctive kind of value. On my interpretation, by contrast, what is fundamentally important is not the value of the capacities but rather what they make possible: distinctive ways of mistreating (using) persons, but also a distinctive kind of morally desirable relationship. CiteULike Connotea Del.icio.us What's this? (shrink)

If the social environment were arranged so that most people in the West could, with relatively little effort, be morally good to a reasonable degree, would this be a good thing? I claim that it is not entirely obvious that we should say yes. This is no idle question: mainstream Western social morality today seems to be approaching the prospect for a morality that is not taxing. This question has substantial theoretical interest because exploring it will help us understand the (...) paradoxical relationship between morality and moral worth. (shrink)

The human ability to represent, conceptualize, and reason about mind and behavior is one of the greatest achievements of human evolution and is made possible by a “folk theory of mind” — a sophisticated conceptual framework that relates different mental states to each other and connects them to behavior. This chapter examines the nature and elements of this framework and its central functions for social cognition. As a conceptual framework, the folk theory of mind operates prior to any particular conscious (...) or unconscious cognition and provides the “framing” or interpretation of that cognition. Central to this framing is the concept of intentionality, which distinguishes intentional action (caused by the agent’s intention and decision) from unintentional behavior (caused by internal or external events without the intervention of the agent’s decision). A second important distinction separates publicly observable from publicly unobservable (i.e., mental) events. Together, the two distinctions define the kinds of events in social interaction that people attend to, wonder about, and try to explain. A special focus of this chapter is the powerful tool of behavior explanation, which relies on the folk theory of mind but is also intimately tied to social demands and to the perceiver’s social goals. A full understanding of social cognition must consider the folk theory of mind as the conceptual underpinning of all (conscious and unconscious) perception and thinking about the social world. (shrink)

You may not know me well enough to evaluate me in terms of my moral character, but I take it you believe I can be evaluated: it sounds strange to say that I am indeterminate, neither good nor bad nor intermediate. Yet I argue that the claim that most people are indeterminate is the conclusion of a sound argument—the indeterminacy paradox—with two premises: (1) most people are fragmented (they would behave deplorably in many and admirably in many other situations); (2) (...) fragmentation entails indeterminacy. I support (1) by examining psychological experiments in which most participants behave deplorably (e.g., by maltreating “prisoners” in a simulated prison) or admirably (e.g., by intervening in a simulated theft). I support (2) by arguing that, according to certain plausible conceptions, character evaluations presuppose behavioral consistency (lack of fragmentation). Possible reactions to the paradox include: (a) denying that the experiments are relevant to character; (b) upholding conceptions according to which character evaluations do not presuppose consistency; (c) granting that most people are indeterminate and explaining why it appears otherwise. I defend (c) against (a) and (b). (shrink)

Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...) aim is to press the argument from a different direction by asking just how Kantian the constructivist needs to be in order to support a regress on conditions argument. Specifically, I maintain that the argument succeeds only given a full-fledged Kantian moral psychology, including a presupposition of transcendental freedom. If correct, this could have implications regarding the compatibility of Kantian ethics and philosophic naturalism. (shrink)