This paper discusses the philosophical argument and the application of the Triple Font Theory for moral evaluation of human acts and attempts to integrate the conceptual components of major moral theories into a systematic internally consistent decision-making model that is theoretically driven. The paper incorporates concepts such as formal and material cooperation and the Principle of Double Effect into the theoretical framework. It also advances the thesis that virtue theory ought to be included in any adequate justification of morality and (...) the need to integrate or coordinate notions of virtue into various act-oriented or principles-based ethics. The TFT offers a comprehensive and practical approach to ethical decision-making and is a useful alternative embedded in traditional wisdom. This paper provides a more general framework of the TFT than traditionally presented. Practical judgment is shown to play a constitute role in providing a guide for right action and is the “glue” that integrates the various components of the TFT. (shrink)

Thesis (MA)--Stellenbosch University, 2014.

ABSTRACTBusiness actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well-enforced. This article argues that the logic of double effect, which has been developed and deployed in other areas of practical ethics, can be useful in helping business actors decide whether or not to pursue potentially harmful activities in commonplace business activity. The article illustrates (...) how LDE helps to explain the exploitative nature of payday lending, the distinction between permissible and impermissible forms of market competition, and the potential wrong of imposing risk of harm on others. The article also addresses foundational debates about LDE itself. We offer the article as an illustration of the sort of “midlevel” theorizing that can address directly the needs of practitioners. (shrink)

Next SectionIt is commonly proposed that artifacts cannot be understood without reference to human intentions. This fact, I contend, has relevance to the use of artifacts in intentional action. I argue that because artifacts have intentions embedded into them antecedently, when we use artifacts we are sometimes compelled to intend descriptions of our actions that we might, for various reasons, be inclined to believe that we do not intend. I focus this argument to a specific set of artifacts, namely, medical (...) devices, before considering an extended application to emergency contraceptive devices. Although there is some debate about whether emergency contraception has an abortifacient effect, I argue that if there is an abortifacient effect, then the effect cannot normally be a side effect of one’s action. (shrink)

Recently, a new problem has arisen for an Anscombean conception of intentional action. The claim is that the Anscombean’s emphasis on the formally causal character of practical knowledge precludes distinguishing between an aim and a merely foreseen side effect. I propose a solution to this problem: the difference between aim and side effect should be understood in terms of the familiar Anscombean distinction between acting intentionally and the intention with which one acts. I also argue that this solution has advantages (...) over an alternative that has already been endorsed in the literature: it is a better fit for the Anscombean theory, and it naturally accommodates intuitions about the moral significance of aiming vs. merely foreseeing. (shrink)

En este artículo se presenta un análisis filosófico jurídico-penal de la extrema necesidad, a propósito del caso de las siamesas Jodie y Mary. Así, en la primera sección realizaremos una descripción sobre el contenido del estado de necesidad en situaciones de peligro de muerte. En segundo lugar, con la finalidad de ilustrar acerca de las discusiones axiológicas que existen en relación con los criterios de proporcionalidad entre el mal que se pretende evitar y el causado, ofreceremos una solución que nos (...) parece adecuada. En la tercera sección observaremos los presupuestos del caso de las siamesas y alguna de las líneas de argumentación que existen para justificar o exculpar su separación, sosteniendo que existen buenas razones para acoger el doble efecto en estos supuestos. (shrink)

A growing number of theorists have launched an epistemic challenge against retributive punishment. This challenge involves the core claim that it is wrong (intentionally) to inflict serious harm on someone unless the moral argument for doing so has been established to a high standard of credibility. Proponents of this challenge typically argue that retributivism fails to meet the required epistemic standard, because retributivism relies on a contentious conception of free will, about whose existence we cannot be sufficiently certain. However, the (...) scope of the epistemic challenge should not be limited to doubts about free will or retributivism. In this article, I argue that the epistemic challenge should be expanded beyond the original focus on justifications of punishment. By “expanding the epistemic challenge” I mean demanding that other purported justifications for serious (intentional) harm be held to a high standard of credibility. To provide a focus for the argument, I will concentrate on the “Public Health Quarantine Model” defended by Gregg Caruso, but my arguments have wider implications beyond this model. A growing number of “abolitionist” theorists believe that punishment is wrong in principle. If retributive punishment, or punishment in general, were abandoned, we would need to ask, “how else should we respond to crime?”. My arguments suggest that all such abolitionists will have to face the same epistemic standard as penal theorists if they wish to replace punishment with the intentional imposition of non-punitive severe coercive measures. (shrink)

In Talking to Strangers, Danielle Allen argues that democratic citizens will need to acquire new habits for contending with distrust in order to prolong the democratic experiment. Though Allen's solution recalls her reading of the Republic, it is to Aristotle, not Plato, that she turns for help theorizing those habits. Drawing upon the Nicomachean Ethics, she proposes arts or techniques that might substitute for and outpace justice by enabling democratic strangers to treat one another like friends. While I endorse Allen's (...) analysis of the problems posed by rising levels of distrust, I propose a different solution. First, I argue that the habits Allen describes would have to be virtues and not merely techniques in order to effect real political change. Then, second, I identify those habits as “piety” and “gratitude”—virtues which, I contend, are not so much substitutes for as supplements to justice. My argument thus elaborates Thomas Aquinas's account of justice and its “potential parts” in the Summa Theologiae. (shrink)