Two deficiencies characterize the vast critical literature that has accumulated around Dworkin's theory of law. On the one hand, the main lines of the debate tend to get lost in the crossfire of objections by critics and rejoinders by Dworkin — with little dialogue between the critics, or any systematic interrelation or resolution of these largely isolated disputes. On the other hand, such arguments on various points of Dworkin's Jurisprudence tend to neglect or obscure underlying issues in philosophical ethics. The (...) present essay is a critical analysis addressing each of these deficiencies in an attempt both to clarify and to advance the debate. The analysis hinges on three basic propositions: (1) that this debate in Jurisprudence has overlooked relevant issues about the nature of moral values; (2) that theories of law, in general, are best assessed in terms of separate descriptive and normative issues, corresponding to a fact/value distinction in ethics; and (3) that the debate on Dworkinian rights has assumed a confused and historically superficial contrast with the utilitarian tradition, in ethical theory as well as in philosophy of law. (shrink)

Evolutionary ethics has recently become popular again. Some of its representatives elaborate new attempts to derive ethics from evolutionary biology. The attempts, like previous ones, fail because they commit the naturalistic fallacy. Premises from evolutionary biology together with normative premises also do not justify ethical principles. Other representatives argue that evolutionary considerations imply that ethics cannot be justified at all. Their arguments presuppose an unacceptable form of foundationalism. In principle, evolutionary biology might explain some aspects of morality, but in practice (...) explanations are hard to come by. All this does not imply that evolutionary theory is irrelevant in normative settings. To the contrary, it may help us devise guidelines in environmental policy and health care policy. It is to be hoped that evolutionary ethicists will divert their research efforts to the elaboration of such guidelines. (shrink)

Gibbard''s theory of rationality is evolutionary in terms of its result as well as its underpinning argument. The result is that judgments about what is rational are analyzed as being similar to judgments of morality — in view of what Darwin suggests concerning the latter. According to the Darwinian theory, moral judgments are based on sentiments which evolve to promote the survival and welfare of human societies. On Gibbard''s theory, rationality judgments should be similarly regarded as expressing emotional attachments to (...) behavioral norms which originate and function to coordinate social interaction. Consequently, Gibbard''s theory of rationality might be used to illuminate Darwin''s theory of morality, and vice versa. Additionally, as argued in the present essay, both can be further elaborated, and defended, by developing related themes in philosophical ethics: viz., connected with Hume and 20th-century emotivists. The main problem is that this general Darwinian approach faces widespread opposition nowadays, not only in ethics but in philosophy of science. The purpose of this essay is to analyze Gibbard''s theory, critically and constructively, with emphasis on the pertinent commonalities in Darwin, Hume and the emotivists, while also critically addressing their common enemies. The pervasive methodological orientation is to relate this analysis to (philosophy of) science in general, and biological science in particular. (shrink)

Evolutionary theory tells us about our biological past; can it also guide us to a moral future? Paul Farber's compelling book describes a century-old philosophical hope held by many biologists, anthropologists, psychologists, and social thinkers: that universal ethical and social imperatives are built into human nature and can be discovered through knowledge of evolutionary theory. Farber describes three upsurges of enthusiasm for evolutionary ethics. The first came in the early years of mid-nineteenth century evolutionary theories; the second in the 1920s (...) and '30s, in the years after the cultural catastrophe of World War I; and the third arrived with the recent grand claims of sociobiology to offer a sound biological basis for a theory of human culture. Unlike many who have written on evolutionary ethics, Farber considers the responses made by philosophers over the years. He maintains that their devastating criticisms have been forgotten—thus the history of evolutionary ethics is essentially one of oft-repeated philosophical mistakes. Historians, scientists, social scientists, and anyone concerned about the elusive basis of selflessness, altruism, and morality will welcome Farber's enlightening book. (shrink)

While strolling the streets of Amsterdam, Sidney Smith, the renowned editor of the Edinburgh Review, called the attention of his companion to two Dutch housewives who were leaning out of their windows and arguing with one another across the narrow alley that separated their houses. Smith remarked to his companion that the two women would never agree. His friend thought the seasoned editor had in mind the stubborn Dutch character. No, said Smith. Rather it was because they were arguing from (...) different premises. In recent articles, Stephen Ball (1988) and Bart Voorzanger (1987) have objected strongly to my defense of evolutionary ethics. In their reconstruction of my arguments, however, they have assigned to me premises different from those upon which my original defense stood. Their objections may demolish the arguments they have reconstructed, but fortunately my theory does not reside thereon. They have made Dutch objections. (shrink)