This Element introduces the philosophy of Frances Power Cobbe (1822-1904), a very well-known moral theorist, advocate of animal welfare and women's rights, and critic of Darwinism and atheism in the Victorian era. After locating Cobbe's achievements within nineteenth-century British culture, this Element examines her duty-based moral theory of the 1850s and then her 1860s accounts of duties to animals, women's rights, and the mind and unconscious thought. From the 1870s, in critical response to Darwin's evolutionary ethics, Cobbe put greater moral (...) weight on the emotions, especially sympathy. She now criticised atheism for undermining morality, emphasised women's duties to develop virtues of character, and recommended treating animals with sympathy and compassion. The Element links Cobbe's philosophical arguments to her campaigns for women's rights and against vivisection, brings in critical responses from her contemporaries, explains how she became omitted from the history of philosophy, and shows the lasting importance of her work. (shrink)

What are the fundamental divisions in ethics? Which divisions capture the most important and basic options in moral theorizing? In this article, I reject the ‘Textbook View’ which takes the tripartite division between consequentialism, deontology, and virtue ethics to be fundamental. Instead, I suggest that moral theories are fundamentally divided into three independent divisions, which I call the neutral/relative division, the normative priority division, and the maximizing division. I argue that this account of the fundamental divisions of ethics better captures (...) the main concerns that normative ethicists have when assessing moral theories. It also helps us make progress in comparative ethics and makes visible theoretical possibilities obscured by the Textbook View. (shrink)

The late Kenyan Prof. H. Odera Oruka (1944-1995), from his base in the Department of Philosophy and Religious Studies at the University of Nairobi, contributed significantly to the growth of contemporary African philosophy, and helped locate African philosophy within the global philosophical discourse. His work in areas such as normative and applied ethics, political philosophy, epistemology, and, most notably, philosophic sagacity, continues to play a pivotal role in the current discourse on African philosophy. Prof. Oruka was also one of the (...) founders of Thought and Practice: A Journal of the Philosophical Association of Kenya. -/- The chapters in this volume examine various aspects of Oruka’s prolific contribution to philosophy in general, and to African philosophy in particular. Earlier versions of the chapters were presented at the three-day Odera Oruka International Symposium held from 19th to 21st November 2013, organised by the Department of Philosophy and Religious Studies at the University of Nairobi in collaboration with the Goethe Institute. (shrink)

The goal of this article is to show that instrumental rationality and utility that have been used in economics for many years does not work well. What is presented in the article is how significant the influence of utilitarianism has been on economics and why the economists get rid of humans’ goals and motivations. It is shown in the article that the human who decides in present is absolutely different from the human who decides over time. Many economists neglected this (...) problem because they wanted to have an effective and simple model. Becker’s economic method is presented as a dead end to which economics has been brought to. It is impossible to connect different selves of one human being by using the utility measure. The works of Schelling and J.S. Mill are used to explain this impossibility. The conclusion of this article is that instrumental rationality and utility have affected economics significantly. But, this simplified view on human nature is no longer valid. Hence, economics needs to think not only about the means but also about the human goals. Economics needs to rebuff relativism and show people how to achieve well-being. If we want to help people with their self-governance, we will have to choose reason over emotions. (shrink)

This chapter explores whether chemical castration can be justified as a form of criminal punishment. The author argues that castration via the drug medroxyprogesterone acetate (MPA), or some similar drug, does not achieve the punishment aims of retribution, deterrence, or incapacitation, but might serve as punishment in the form of rehabilitative treatment. However, current U.S. chemical castration statutes are too broad to be justified as rehabilitative. The state is warranted in targeting psychological states in criminal defendants for rehabilitative treatment where (...) such states (a) act as a primary cause of a criminal offender’s crime and (b) give rise to extraordinary worries that the offender will recidivate. Current statutes qualify criminal offenders for castration who do not have overwhelming sexual urges or other psychological states causally related to their crime that may be treated with MPA. Thus, even assuming the efficacy of MPA, such statutes are unjustifiable because they apply chemical castration to offenders for whom castration will have no rehabilitative effect. (shrink)

Das Buch ist ein Beitrag zur aktuellen philosophischen Debatte über das anthropologisch-epistemologische Fundament moralischer Normen. Es werden zwei unterschiedliche Modelle vorgestellt: zum einen die Autonomie-Konzeption Kants, die auf dem Begriff des freien Willens gründet, der sich selbst dem Vernunftgesetz unterstellt; zum anderen die von Platon inspirierte Moralphilosophie Iris Murdochs, in der die moralische Sehkraft, die sich an der aufmerksamen Wahrnehmung des konkreten Einzelnen orientiert, im Mittelpunkt des guten Lebens steht. In der Auseinandersetzung mit den beiden Entwürfen werden deren Stärken und (...) Schwächen deutlich. Die Arbeit mündet in einen Vorschlag, wie Kants und Murdochs Grundintuitionen konstruktiv miteinander versöhnt werden können. (shrink)

Jeremy Bentham is often interpreted as defending a satisficing, rather than maximizing, version of utilitarianism, where an act is right as long as it produces more pleasure than pain. This lack of maximization is surprising given Bentham’s maximizing slogan ‘the greatest happiness of the greatest number’. Against the satisficing interpretation, I argue that Bentham consistently defends a maximizing version of utilitarianism, where an act’s consequences are compared to those of not performing the act. I show that following this version of (...) utilitarianism requires that one realizes the greatest happiness for all affected individuals. (shrink)

It seems obvious that phenomenally conscious experience is something of great value, and that this value maps onto a range of important ethical issues. For example, claims about the value of life for those in a permanent vegetative state, debates about treatment and study of disorders of consciousness, controversies about end-of-life care for those with advanced dementia, and arguments about the moral status of embryos, fetuses, and non-human animals arguably turn on the moral significance of various facts about consciousness. However, (...) though work has been done on the moral significance of elements of consciousness, such as pain and pleasure, little explicit attention has been devoted to the ethical significance of consciousness. In this book Joshua Shepherd presents a systematic account of the value present within conscious experience. This account emphasizes not only the nature of consciousness, but the importance of items within experience such as affect, valence, and the complex overall shape of particular valuable experiences. Shepherd also relates this account to difficult cases involving non-humans and those with disorders of consciousness, arguing that the value of consciousness influences and partially explains the degree of moral status a being possesses, without fully determining it. The upshot is a deeper understanding of both the moral importance of phenomenal consciousness and its relations to moral status. This book will be of great interest to philosophers and students of ethics, bioethics, philosophy of psychology, philosophy of mind and cognitive science. (shrink)

Some environmental ethicists and economists argue that attributing infinite value to the environment is a good way to represent an absolute obligation to protect it. Others argue against modelling the value of the environment in this way: the assignment of infinite value leads to immense technical and philosophical difficulties that undermine the environmentalist project. First, there is a problem of discrimination: saving a large region of habitat is better than saving a small region; yet if both outcomes have infinite value, (...) then decision theory prescribes indifference. Second, there is a problem of swamping probabilities: an act with a small but positive probability of saving an endangered species appears to be on par with an act that has a high probability of achieving this outcome, since both have infinite expected value. Our paper shows that a relative concept of infinite value can be meaningfully defined, and provides a good model for securing the priority of the natural environment while avoiding the failures noted by sceptics about infinite value. Our claim is not that the relative infinity utility model gets every detail correct, but rather that it provides a rigorous philosophical framework for thinking about decisions affecting the environment. (shrink)

Moral wrongness comes in degrees. On a consequentialist view of ethics, the wrongness of an act should depend, I argue, in part on how much worse the act's consequences are compared with those of its alternatives and in part on how difficult it is to perform the alternatives with better consequences. I extend act consequentialism to take this into account, and I defend three conditions on consequentialist theories. The first is consequentialist dominance, which says that, if an act has better (...) consequences than some alternative act, then it is not more wrong than the alternative act. The second is consequentialist supervenience, which says that, if two acts have equally good consequences in a situation, then they have the same deontic status in the situation. And the third is consequentialist continuity, which says that, for every act and for any difference in wrongness δ greater than zero, there is an arbitrarily small improvement of the consequences of the act which would, other things being equal, not change the wrongness of that act or any alternative by more than δ. I defend a proposal that satisfies these conditions. (shrink)

What is the contrary of pleasure? “Pain” is one common answer. This paper argues that pleasure instead has two natural contraries: unpleasure and hedonic indifference. This view is defended by drawing attention to two often-neglected concepts: the formal relation of polar opposition and the psychological state of hedonic indifference. The existence of mixed feelings, it is argued, does not threaten the contrariety of pleasure and unpleasure.

This lecture presents the text of the speech about the genealogy of the modern state delivered by the author at the 2008 British Academy Lecture. It explains that to investigate the genealogy of the state is to discover that there has never been any agreed concept to which the word state has answered. The lecture suggests that any moral or political term that has become so deeply enmeshed in so many ideological disputes over such a long period of time is (...) bound to resist any efforts at definition. (shrink)

There is a vast literature on the meanings of legal penalties. However, we lack a theory that explains them according to the formation of the modern state. Oakeshott's theory can help explain this phenomenon, leading to an attempt of the individual to take over as many powers of the state as possible. Thus, Kant's and Smith's retributivism is the most consistent of all those theories. Nevertheless, the preventive and resocializing theory of Bentham succeeded eventually. But is this a liberal theory? (...) We contrast the explanations of H.L.A. Hart and Frederick Rosen in order to lay the groundwork for a liberal theory of the meaning of legal sanctions. (shrink)

According to G. E. Moore, moral expertise requires abilities of several kinds: the ability to factor judgments of right and wrong into (a) judgments of good and bad and (b) judgments of cause and effect, (2) the ability to use intuition to make the requisite judgments of good and bad, and (3) the ability to use empirical investigation to make the requisite judgments of cause and effect. Moore’s conception of moral expertise is thus extremely demanding, but he supplements it with (...) some very simple practical guidance. (shrink)

This paper is a plea for hedonism to be taken more seriously. It begins by charting hedonism's decline, and suggests that this is a result of two major objections: the claim that hedonism is the 'philosophy of swine', reducing all value to a single common denominator, and Nozick's 'experience machine' objection. There follows some elucidation of the nature of hedonism, and of enjoyment in particular. Two types of theory of enjoyment are outlined-intemalism, according to which enjoyment has some special 'feeling (...) tone'. and externalism, according to which enjoyment is any kind of experience to which we take some special attitude, such as that of desire. lnternalism-the traditional view--is defended against current externalist orthodoxy. The paper ends with responses to the philosophy of swine and the experience machine objections. (shrink)

The paper is concerned with whether the reductio of the natural-harm-argument can be avoided by disvaluing non-human suffering and death. According to the natural-harm-argument, alleviating the suffering of non-human animals is not a moral obligation for human beings because such an obligation would also morally prescribe human intervention in nature for the protection of non-human animal interests which, it claims, is absurd. It is possible to avoid the reductio by formulating the moral obligation to alleviate non-human suffering and death with (...) two constraints: The first concerns the practicability of intervention and establishes a moral obligation to intervene only in cases where this is humanly possible. The other constraint acknowledges that lack of competence in humans can risk producing more harm than good by intervening. A third way of avoiding the problematic version of the natural-harm-argument considers whether human and non-human suffering and death are sufficiently different to allow different types of responses. I argue that the attempt to avoid the reductio of the natural-harm-argument by disvaluing non-human death can only work with an anthropocentric bias, which accords to non-human suffering and death a fundamentally different value and that it fails to dismiss the moral obligation created by the harm that non-human animals face in the wild. (shrink)

It is argued that intentionally omitting requires having an intention with relevant content. And the intention must play a causal role with respect to one’s subsequent thought and conduct. Even if omissions cannot be caused, an account of intentional omission must be causal. There is a causal role for one’s reasons as well when one intentionally omits to do something.

In spite of the considerable literature nowadays existing on the issue of the moral exclusion of nonhuman animals, there is still work to be done concerning the characterization of the conceptual framework with which this question can be appraised. This paper intends to tackle this task. It starts by defining speciesism as the unjustified disadvantageous consideration or treatment of those who are not classified as belonging to a certain species. It then clarifies some common misunderstandings concerning what this means. Next, (...) it rejects the idea that there are different kinds of speciesism. Such an idea may result from confusion because there are (1) different ways in which speciesism can be defended; and (2) different speciesist positions, that is, different positions that assume speciesism among their premises. Depending on whether or not these views assume other criteria for moral consideration apart from speciesism, they can be combined or simple speciesist positions. But speciesism remains in all cases the same idea. Finally, the paper examines the concept of anthropocentrism, the disadvantageous treatment or consideration of those who are not members of the human species. This notion must be conceptually distinguished from speciesism and from misothery (aversion to nonhuman animals). Anthropocentrism is shown to be refuted because it either commits a petitio principia fallacy or it falls prey to two arguments: the argument from species overlap (widely but misleadingly known as “argument from marginal cases”) and the argument from relevance. This rebuttal identifies anthropocentrism as a speciesist view. (shrink)

The English word ‘pain’ is commonly used by lay people in a ‘messy’ life-world of imprecise meanings. It has a complex etymology, including legal and political uses as ‘punishment’. Understandings of pain in the political theory of Hobbes and Bentham are summarized. This wider historical and philosophical account of the uses of ‘pain’ means the IASP definition can be seen in relation to medical history and to present-day clinical challenges. We can consider the misunderstandings that may occur between clinicians and (...) pain sufferers, and the ways in which ‘pain’, although ‘subjective’, is inescapably a political concern. Using Wittgenstein’s approach to meaning, however, we can envisage a context-sensitive and flexible approach to communication about pain. (shrink)

In modern representative democracies, much healthcare is publicly funded or provided and so the question of what healthcare systems should do is a matter of public policy. Given that public resources are inevitably limited, what should be done and who should benefit from healthcare? It is a dilemma for policymakers and a subject of debate within several disciplines, but rarely across disciplines. In this paper, I draw on thinking from several disciplines and especially philosophy, economics, and systems theory. I conclude (...) that economist and philosopher John Broome’s writing provides the framework for an answer: a healthcare system in a democracy should do as much good as possible, although sometimes we should sacrifice some overall good for the sake of fairness. This leaves open some detailed questions about what in practice we consider to be good and fair, and about when some good should be traded off in order to be fair. The answers to these questions depend on our values, or as explained by systems theory, our weltanschauung. How policy decisions should be made when citizens’ values differ is a subject of extensive academic debate. However, it is a separate question. Representative democracies have mechanisms for resolving such debates. (shrink)

The impact of Beccaria's On Crimes and Punishments on English discussions of punishment in the twenty-five years following its publication is assessed, with attention being paid to Beccaria's combination of contractarian and early utilitarian thinking. It is argued that Beccaria's influence was particularly striking in England in that he stimulated two disparate strands of reform thinking. The first being exemplified in the work of William Eden, and taking the form of a contractarian, humanitarian version, which owed something to William Blackstone, (...) but was ultimately quite distinct. The second represented in Jeremy Bentham's theory of punishment with its emphasis overwhelmingly on utilitarian calculation. (shrink)

Some libertarians tend to advocate the wide availability of cognition-enhancing drugs beyond their current prescription-only status. They suggest that certain kinds of drugs can be a component of a prudential conception of the ‘good life’—they enhance our opportunities and preferences; and therefore, if a person freely chooses to use them, then there is no justification for the kind of prejudicial, authoritative restrictions that are currently deployed in public policy. In particular, this libertarian idea signifies that if enhancements are a prudential (...) ‘good’ for the user, then this can also be construed as a moral good for all rational agents. If this argument is successful, there can be no substantial distinction between the categorical benefits of enhancement, and what is labeled as an enhancement technology. In this paper, I argue that the exclusivity of egotistical choice, and an uncritical deployment of enhancement as a prudential good, underplays the role of a social and political community when creating a procedurally just and effective public policy. Principally, the argument is devoid of any ethical system to permit the external—and therefore public–appreciation of the social context of moral decisions. In effect, libertarian arguments of this sort must disregard any ideas of public ethics, because the liberty to use whatever means available to gain a socio-economic advantage actually extinguishes any professed legitimation strategy. Escaping the procedural aspects of public policy, which are considered integral to authoritative coherence, results in the erosion of any moral obligations. Thus, in a libertarian society, disenfranchised individuals—such as those harmed through addiction—are the unlucky or superfluous product of a liberal and ‘progressive’ society. (shrink)

How many attitudes must be posited at the level of reductive bedrock in order to reductively explain all the rest? Motivational Humeans hold that at least two attitudes are indispensable, belief and desire. Desire-As-Belief theorists beg to differ. They hold that the belief attitude can do the all the work the desire attitude is supposed to do, because desires are in fact nothing but beliefs of a certain kind. If this is correct it has major implications both for the philosophy (...) of mind, with regards the problem of naturalizing the propositional attitudes, and for metaethics, with regards Michael Smith’s ‘moral problem’. This paper defends a version of Desire-As-Belief, and shows that it is immune to several major objections commonly levelled against such theories. (shrink)

Schopenhauer had important things to say about ethics in both normative and meta-ethical senses, but his impact on the evolution of moral theory has been minimized by the unfortunate neglect of his philosophy in general. A contemporary assessment of his ethical views reveals that they are both imaginative and interesting, not least because they challenge assumptions held by more canonical figures in the history of philosophy, both before and after his time. Since the roots of ethics are currently being vigorously (...) re-examined, it is regrettable that Schopenhauer's ideas have been omitted from mainstream discussion in the field. I attempt to remedy this lack by investigating how his ethics of compassion contributes to the following areas: reconciling ethics with strict determinism; naturalizing ethics; developing the philosophy of education; seeking inner peace and world peace; re-visioning our relationship with non-human animals and the environment. As this list indicates, Schopenhauer's moral theory has relevance for a much wider audience, beyond the limited sphere of professional philosophy. And because the world is in dire need of moral rejuvenation, any inspiration provided by a major thinker such as Schopenhauer should be heartily welcomed. While certain internal problems are posed by his metaphysical and epistemological doctrines, we can see past these in order to appropriate the living insights still to be found in Schopenhauer's ethical thought. (shrink)

In liberal thought, democracy is guaranteed by the unity of community and government. The community of citizens elects its government according to political preferences. The government rules over the community with powers that are limited by unalienable human, civil, and political rights. These assumptions have characterized Classical Liberalism, Revisionist Liberalism, and contemporary Neo-Liberal theories. However, the assumed unity of community and government becomes problematic in Global Post-Fordism. Recent research on the globalization of the economy and society has underscored the increasing (...) inability of nation-states to exercise power over their communities, which, in turn, limits the ability of communities to express their will at the nation-state level. The current phase of capitalism is characterized by socio-economic relations that transcend the jurisdictions of nation-states and local spaces. By introducing features characteristic of Classical Liberalism, Revisionist Liberalism and Neo-liberalism, and the contribution of the theory of Reflexive Modernization, which represents a novel attempt to rethink democracy within the liberal tradition, the issue of the fracture of the unity of community and government can be addressed. The inability of governments to control economic and non-economic environments creates a crisis of representation that implies serious limits to liberal democracy. This situation is particularly important for the agricultural and food sector since its development and programs for its democratization have been historically based on the intervention of agencies of and control by the nation-state. (shrink)

It seems that eudaimonistic reconstructions of John Stuart Mill's conception of happiness have fallen prey to what they thought Mill should have done with regard to the role of pleasure in his notion of happiness. Insisting that utility and eudaimonia make conflicting claims, something which mirrors Mill's ‘conflicting loyalties’, they downgrade pleasure to just one of the ingredients of happiness. However, a closer look at Mill's intellectual development suggests otherwise. By focusing on Mill's radical background, this paper argues that pleasure (...) retains a central role in his conception of happiness – even from a eudaimonistic point of view. (shrink)

There is a dominant perception of liberty among most contemporary liberals. It is one close to empiricism’s portrayal of freedom as a natural right of every person to advance her interests. According to this view, there are no demanding conditions under which people can be regarded as free agents but their unfettered behaviour from external inhibitions. It is widely thought that Mill’s liberalism does not deviate considerably from this tradition. The present text suggests a different reading of the gist of (...) Mill’s political rationale. Highlighting the positive – in Berlin’s sense – aspects of his politically demanding concept of liberty which successfully combines facets of different traditions serves the purpose to stress the alternative features of his approach. Underlining the active political intervention Mill is instructing by implicating the state to preserve the essence of freedom and induce it in society, manifests how his position diverges from that of mainstream neutralist liberals. (shrink)

Neurosurgeons have an especially high rate of exposure to serious ethical challenges in their line of work. The aim of this study was to assess the type and frequency of ethical theories used by neurosurgery residents to make extra- ethical decisions in challenging situations and their relation with the level of residency, and curricular training about medical ethics. A total of 12 neurosurgery residents in Mashhad University of Medical Sciences (MUMS) were interviewed; all the participants were male and aged 29–40 (...) years old. Of all, six were senior and six were junior. Using a systematic review of neurosurgery and medical ethics textbooks, five common cases were selected and a semi-structured, open-ended interview was developed. The interviews were digitally recorded and analyzed in two separate stages. Comparison of the results of the two stages led us to the final judgment about the dominant ethical theory used in each case. In all 60 cases, the decision-making process was compatible with either Deontology (30 cases) or Consequentialism (30 cases). Only in two cases, beside Deontology, the Virtue ethics was used as an alternative in special situations. The ethical theories were not consistent for all the 12 subjects and all the five questions. No statistically significant difference was found between senior and junior residents, neither for each question nor for the aggregate (Odds Ratio = 1.31, 95 % CI = 0.42-4.09, Relative Risk = 1.41, 95 % CI = 0.69-1.9, P-value > 0.20). Only one of the subjects had extracurricular training in medical ethics, consequently precluding further analysis. Although not intended to be evaluated by this study, similar heterogeneity was observed in final decisions. When faced with medical ethics challenges, neurosurgery residents did not follow a consistent ethical theory for making decisions. The type and frequency of theories did not seem to be changed during the residency period. (shrink)

Les travaux récents ont permis de rendre justice à la théorie du langage qu’a élaborée Bentham et d’expliquer les enjeux théoriques de son attachement aux mots. Il est donc désormais possible de s’attacher à comprendre les enjeux langagiers à l’oeuvre dans les différents champs de la pensée benthamienne, et plus particulièrement au sein de sa théorie générale du droit. Dès lors, son projet de Nomographie semble aller de soi. Nous nous attacherons à montrer dans quelle mesure ce texte entend tirer (...) les conséquences de l’ensemble des acquis théoriques de la philosophie benthamienne et plus précisément comment il permet de penser les relations entre langage et droit pour aboutir à la constitution du droit comme système de contrôle social. (shrink)