Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

In this article, I attempt to bridge the gap between partiality and impartiality in moral philosophy from an oft-neglected African perspective. I draw a solution for this moral-theoretical impasse between partialists and impartialists from Kwasi Wiredu's, one of the most influential African philosophers, distinction between an ethic and ethics. I show how an ethic accommodates partiality and ethics impartiality. Wiredu's insight is that partialism is not concerned with strict moral issues. -/- .

In this article I propose an original view of the nature of shared intention. In contrast to psychological views (Bratman, Searle, Tuomela) and normative views (Gilbert), I argue that both functional roles played by attitudes of individual participants and interpersonal obligations are factors of central and independent significance for explaining what shared intention is. It is widely agreed that shared intention (I) normally motivates participants to act, and (II) normally creates obligations between them. I argue that the view I propose (...) can explain why it is not a mere accident that both (I) and (II) are true of shared intention, while psychological and normative views cannot. The basic idea is that shared intention involves a structure of attitudes of individuals –including, most importantly, attitudes of reliance – which normally plays the relevant motivating roles and creates the relevant obligations. (shrink)

Jonas Olson presents a critical survey of moral error theory, the view that there are no moral facts and so all moral claims are false. Part I explores the historical context of the debate; Part II assesses J. L. Mackie's famous arguments; Part III defends error theory against challenges and considers its implications for our moral thinking.

Values-Based Medicine (VBM) is the theory and practice of clinical decision-making for situations in which legitimately different values are in play. VBM is thus to values what Evidence-Based Medicine (EBM) is to facts. The theoretical basis of VBM is a branch of analytic philosophy called philosophical value theory. As a set of practical tools, VBM has been developed to meet the challenges of value diversity as they arise particularly in psychiatry. These challenges are illustrated in this paper by a case (...) study of the differential diagnosis between delusion and religious experience. In a traditional model of scientific medicine, such challenges would be expected to become less pressing with advances in medical science. Philosophical value theory suggests, to the contrary, that scientific progress, through opening up an ever-wider range of choices, will increasingly bring the full range and diversity of human values into play not just in psychiatry but in all areas of medicine. The future, then, for medicine, is an integrated model in which VBM and EBM are equal partners in a genuinelyhuman discipline. (shrink)

Can schools encourage children to become independent moral decision-makers, maintaining controlled environments suitable to instructing large numbers of children? Two opposing responses are reviewed: one holds that the road to morality is through discipline and obedience, the other through children's experimentation and choice-making. Circumventing these polarities, I look to distinctions within rules that may help in balancing claims of restraint and freedom. Using a pharmacological analogy, one might, in principle, justify ‘pills’ for uncontrollable and/or morally trivial behaviors, but not for (...) intentional behaviors of moral significance where volition matters. However, since we cannot permit children to choose to harm, their agency must be curbed. As a compromise, I suggest that teachers hold extended moral discussions, and involve students in rule-making and sanction-giving. (shrink)

The impact of science on ethics forms since long the subject of intense debate. Although there is a growing consensus that science can describe morality and explain its evolutionary origins, there is less consensus about the ability of science to provide input to the normative domain of ethics. Whereas defenders of a scientific normative ethics appeal to naturalism, its critics either see the naturalistic fallacy committed or argue that the relevance of science to normative ethics remains undemonstrated. In this paper, (...) we argue that current scientific normative ethicists commit no fallacy, that criticisms of scientific ethics contradict each other, and that scientific insights are relevant to normative inquiries by informing ethics about the options open to the ethical debate. Moreover, when conceiving normative ethics as being a nonfoundational ethics, science can be used to evaluate every possible norm. This stands in contrast to foundational ethics in which some norms remain beyond scientific inquiry. Finally, we state that a difference in conception of normative ethics underlies the disagreement between proponents and opponents of a scientific ethics. Our argument is based on and preceded by a reconsideration of the notions naturalistic fallacy and foundational ethics. This argument differs from previous work in scientific ethics: whereas before the philosophical project of naturalizing the normative has been stressed, here we focus on concrete consequences of biological findings for normative decisions or on the day-to-day normative relevance of these scientific insights. (shrink)

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive rules is merely (...) a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent. (shrink)

A critical discussion of R S Peters' account of emotions and their place in education.

I guess I wont send that note now, for the mind is such a new place, last night feels obsolete.

We sketch and defend a Commitment View of testimony. Unlike alternative approaches, we focus on the ordinary act of testifying, attempting to identify the commitments essential to this speech act and to explain why those commitments are practically necessary. In view of this account, we argue that given the commitments undertaken in testifying, a speaker’s testimony can qualify as evidence.

In response to critique by Godden and Walton, this essay delineates the role of moral motivation in the commitment structure of ordinary presumptive inferences. It defends the capacity of ordinary presumptions to support discursive structures within which everyday argumentation can address defeasible claims and enable alignments and realignments in probative obligations, i.e., burdens of proof.

This paper discusses the parameters of an arguer's duties on the "dialectical tier of argument appraisal." Argumentative burdens incurred in making proposals will be compared with probative obligations which may be taken on in advising. The burdens t ypically incurred in these two kinds of illocutionary acts are strikingly different; accordingly, the arguer's obligation to response to objections would be circumscribed differently depending on which speech acts initiates the dialogue. This claim has i mplications for how we delimit a "good (...) case" for deliberative propositions. It also casts light on "manifest rationality" and the role of rhetorical art in argumentation. (shrink)

The speed and degree to which e- commerce is infiltrating the very fabric of our society, faster and more pervasively than any other entity in history, makes an examination of its ethical dimensions critical. Though ethical lag has heretofore hindered ourexplorations of e- commerce ethics, it is now time to identify and confront them. In this paper we define e- commerce and describe thecharacteristics that set it apart from traditional brick and-mortar business. We then examine the ethical foundation of e- (...) commerce, focusing on the question, “Is there a special e- commerce ethics?” Our answer is “no.” We support our answer by showing that the current issues in e- commerce ethics and brick-and-mortar business are fundamentally the same, but that e- commerce issues have different manifestations and scope. We then demonstrate that ethical principles and rules in e- commerce and brick-and-mortar business are fundamentally the same, but have different manifestations at the most specific level. We elucidate this point by discussing the use of personal information and the opt-in, opt-out debate. We conclude with a call for research on trust, a key value in the success of e- commerce. (shrink)

I am going to be discussing a mode of moral responsibility that anglophone philosophers have largely neglected. It is a type of responsibility that looks to the future rather than the past. Because this forward-looking moral responsibility is relatively unfamiliar in the lexicon of analytic philosophy, many of my locutions will initially strike many readers as odd. As a matter of everyday speech, however, the notion of forward-looking moral responsibility is perfectly familiar. Today, for instance, I said I would be (...) responsible for watching my nieces while they swam. Neglecting this responsibility would have been a moral fault. When people marry, they undertake responsibilities, of moral import, of fidelity and mutual support. When people have children, they accrue moral responsibilities to feed, rear, and educate them. Not all forward-looking responsibilities are moral. While finishing this essay, I have had to keep an eye on a number of my administrative responsibilities, and, while reading it, you may well be occasionally distracted by some of your own. The notion of a responsibility that we accrue or take on, to look out for some range of concerns over some range of the future, is, then, perfectly familiar. Because this common notion of forward-looking responsibility has not been integrated into recent moral theory, however, my philosophical discussion of it will initially seem strange. (shrink)

Institutions are normative social structures that are collectively accepted. In his book Making the Social World, John R. Searle maintains that these social structures are created and maintained by Status Function Declarations. The article’s author criticizes this claim and argues, first, that Searle overestimates the role that language plays in relation to institutions and, second, that Searle’s notion of a Status Function Declaration confuses more than it enlightens. The distinction is exposed between regulative and constitutive rules as being primarily a (...) linguistic one: whereas deontic powers figure explicitly in regulative rules, they feature only implicitly in constitutive rules. Furthermore, he contends that Searle’s collective acceptance account of human rights cannot adequately account for the fact that people have these rights even when they are not recognized. Finally, It is argued that a conception of collective intentionality that involves collective commitment is needed in order to do justice to the normative dimension of institutions. (shrink)

This article questions whether many are misled by current case studies. Three broad types of style of case study are described. A stark style, based on medical case studies, a fictionalised style in reaction, and a personal statement made in discussion groups by an original protagonist. Only the second type fits Pattison's category. Language remains an important issue, but to be examined as the case is lived in discussion rather than as a potentially reductionist study of the case as text.

Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...) for granted by most philosophical accounts of promissory obligation.1 I agree that human beings do want such information and that they often get it by accepting promises. But I doubt that promising exists because it serves this information interest. (shrink)

It is argued that dignity can be considered both subjectively, taking into account individual differences and idiosyncrasies, and objectively, as the foundation of human rights. Dignity can and should also be explored as both an other-regarding and a self-regarding value: respect for the dignity of others and respect for one’s own personal and professional dignity. These two values appear to be inextricably linked. Aristotle’s doctrine of the mean enables nurses to reflect on the appropriate degree of respect for the dignity (...) of others and of respect for themselves. To develop an understanding of the rationale for and the significance and implications of dignity in health care practice, a view of human nature is proposed that implies vulnerability and fallibility, and that urges that an ethic of aspiration is embraced. Anonymized vignettes are included to illustrate points about the everyday nature of dignity. (shrink)

This article is a critical discussion of two recent papers by Michael Hand on moral education. The first is his ‘Towards a Theory of Moral Education’, published in the Journal of Philosophy of Education in 2014. The second is a chapter called ‘Beyond Moral Education?’ in an edited book of new perspectives on my own work in philosophy and history of education, published in the same year. His two papers are linked in that he applies the theory outlined in the (...) former to a critique in the latter of my views on education in altruism in a 1990 publication. I introduce this article by outlining the tradition of recent philosophical thought about moral education, beginning with that of Richard Peters, in which Hand is working. (shrink)

This paper joins the voices warning against hasty transference of legal concepts of presumption to other kinds of argumentation, especially to deliberation about future acts and policies. Comparison of the pragmatics which respectively constitute the illocutionary acts of accusing and proposing reveals important differences in the ways presumptions prompt accusers and proposers to undertake probative responsibilities and, also, points to corresponding differences in their probative duties. This comparison has theoretically important implication regarding the norms governing persuasive argumentation. The paper is (...) based on a broadly Gricean account of speech acts. (shrink)

In this paper I will examine two responses to the argument from marginal cases; the argument from kinds and the similarity argument. I will argue that these arguments are insufficient to show that all humans have moral status but no animals do. This does not prove that animals have moral status but it does shift the burden of proof onto those who want to maintain that all humans are morally considerable, but no animals are.

A number of arguments against relativism are based on the concept of majority rule. Since, the arguments allege, on relativism moral truth is founded on majority opinion, relativism entails that (a) moral progress and reform are impossible, (b) propaganda, advertising, brainwashing, and high birth rates turn mistaken moral judgments into correct ones, (c) moral horrors, if enough people believe them acceptable, are not moral horrors at all, (d) finding out what’s right and what’s wrong is extremely easy, (e) moral reasoning (...) is very different from what we normally take it to be, and (f) internal criticism of a moral code is impossible. These arguments get their due in this article, which first defines and explicates relativism and then exposes, explains, and criticizes the arguments. Especially important to understand about the relation between relativism and majority opinion is the notion of a convention. Accordingly, it is discussed at some length. (shrink)

Neurotechnologies that are currently applied to treat a range of neurological and psychiatric diseases were found to have a number of positive side effects on cognitive functioning in healthy individuals. Consequently, these neurotechnologies could in theory be used for cognitive enhancement purposes, for instance, the improvement of eyewitness memory. Improving the process of collecting eyewitness testimony would be of great value and is an example of cognitive enhancement for the common good. In this article, we discuss the epistemological and ethical (...) issues such use raises. These issues are not only critical to using neurotechnologies to improve eyewitness memory, but have a wider scope. By discussing enhancement for a purpose that is not primarily self-regarding or self-serving but potentially benefits the society as a whole, we reflect on the consequences of accepting enhancement for the common good for the acceptability of cognitive enhancement in general. (shrink)

The subject-matter of this essay is the moral status of nature. This subject is dealt with in terms of normative reasons. The main question is if there are direct normative reasons to care for nature in addition to the numerous indirect normative reasons that there are for doing so. Roughly, if there is some such reason, and that reason applies to any moral agent, then nature has direct moral status as I use the phrase. I develop the notions of direct (...) normative reason and direct moral status in detail and identify and discuss the two main types of theory according to which nature has direct moral status: analogy-based nature-considerism and non-analogy-based nature-considerism. I argue for the plausibility of a particular version of the latter, but against the plausibility of any version of the former. The theory that is representative of AN claims that nature has direct moral status in virtue of possessing interests. Proponents of this theory fail to show that nature has interests of the kind that they reasonably want to ascribe to it, and that interests of this kind are morally significant. In contrast to AN, NN comes in a variety of different forms. I elaborate a version of NN according to which there are direct normative reasons to care for nature in virtue of its unique complexity, and its indispensability. I argue that even if these reasons should turn out not to apply to any moral agent, they are still genuine direct normative reasons: there is nothing irrational or misdirected about them. Finally, I show how the question of whether there are direct normative reasons to care for nature is relevant to private and political decision-making concerning nature. This is exemplified with a case from the Swedish mountain region. (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)