In this article we describe two core ontologies of law that specify knowledge that is common to all domains of law. The first one, FOLaw describes and explains dependencies between types of knowledge in legal reasoning; the second one, LRI-Core ontology, captures the main concepts in legal information processing. Although FOLaw has shown to be of high practical value in various applied European ICT projects, its reuse is rather limited as it is rather concerned with the structure of legal reasoning (...) than with legal knowledge itself: as many other “legal core ontologies”, FOLaw is therefore rather an epistemological framework than an ontology. Therefore, we also developed LRI-Core. As we argue here that legal knowledge is based to a large extend on common-sense knowledge, LRI-Core is particularly inspired by research on abstract common-sense concepts. The main categories of LRI-Core are: physical, mental and abstract concepts. Roles cover in particular social worlds. Another special category are occurrences; terms that denote events and situations. We illustrate the use of LRI-Core with an ontology for Dutch criminal law, developed in the e-Court European project. (shrink)

This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications (...) of this argument. Ultimately I argue the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates’ privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. Paper 2 discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological, and it is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, imprisonment should give rise to special moral obligations towards families of prisoners. Using the notion of residual obligation, these obligations are defended, categorized and clarified. Paper 3 evaluates electronic monitoring from an ethical perspective and discusses whether it could be a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. EM evaluated from an ethical perspective as six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development. (shrink)

Utilitarianism has been able to respond to many of the objections raised against it by undertaking a major revision of its theory. Basically, this consisted of recognising that its early normative propositions were only viable for agents very different from flesh-and-blood humans. They then deduced that, given human limitations, it was most useful for everyone if moral agents did not behave as utilitarians and habitually followed certain rules. Important recent advances in neurotechnology suggest that some of these human limitations can (...) be overcome. In this article, after presenting some possible neuro-enhancements, we seek to answer the questions, first, of whether they should be accepted by a utilitarian ethic and, second, if accepted, to what extent they would invalidate the revision that allowed them to escape the objections. (shrink)

– We offer a new motivation for imprecise probabilities. We argue that there are propositions to which precise probability cannot be assigned, but to which imprecise probability can be assigned. In such cases the alternative to imprecise probability is not precise probability, but no probability at all. And an imprecise probability is substantially better than no probability at all. Our argument is based on the mathematical phenomenon of non-measurable sets. Non-measurable propositions cannot receive precise probabilities, but there is a natural (...) way for them to receive imprecise probabilities. The mathematics of non-measurable sets is arcane, but its epistemological import is far-reaching; even apparently mundane propositions are liable to be affected by non-measurability. The phenomenon of non-measurability dramatically reshapes the dialectic between critics and proponents of imprecise credence. Non-measurability offers natural rejoinders to prominent critics of imprecise credence. Non-measurability even reverses some of the critics’ arguments—by the very lights that have been used to argue against imprecise credences, imprecise credences are better than precise credences. (shrink)

Williams’s well-known critique of the ‘moralism’ of liberal political philosophy—its disconnect from political reality—holds special significance for the theory and practice of constitutional adjudication, where calls for ‘realism’ increasingly resound. Is constitutional discourse also guilty of moralism—as Williams himself thought—or might it succeed where political philosophy has failed? This paper reconstructs Williams’s critique of political moralism as one that decries the empty idealism of the philosophical project of abstraction: the quest for general, timeless, and universal principles drains theory of its (...) prescriptive force. It then argues that legal-constitutional reasoning, even in its most ambitious ‘forum of principle’ conception, is not a flight to abstraction but precisely a pragmatist negotiation of the concreteness-abstraction tension through acts of justification. But constitutional discourse in its current form remains moralistic in another distinct sense: it idealizes the political, thereby failing to account for the social and political pressures on courts and the proper normative significance of institutional considerations. Constitutional discourse could only offer a solution to the ailments of political philosophy if it cures its own chronic idealization. (shrink)

This book offers a unique and insightful analysis of Western and Middle Eastern concepts of dignity and illustrates them with examples of everyday life. Dignity in the 21st Century - Middle East and West is unique and insightful for a range of reasons. First, the book is co-authored by scholars from two different cultures (Middle East and West). As a result, the interpretations of dignity covered are broader than those in most Western publications. Second, the ambition of the book is (...) to use examples from everyday life and fiction to debate a range of dignity interpretations supplemented by philosophical and theological theories. Thus, the book is designed to be accessible to a general readership, which is further facilitated because it is published with full open access. Third, the book does not defend one superior theory of dignity, but instead presents six Western approaches and one based on the Koran and then asks whether a common essence can be detected. -/- The answer to the question whether a common essence can be detected between the Koranic interpretation of dignity and the main Western theories (virtue, Kant) is YES. The essence can be seen in dignity as a sense of self-worth, which persons have a duty to develop and respect in themselves and a duty to protect in others. The book ends with two recommendations. First, given the 7 concepts of dignity introduced in the book, meaningful dialogue can only be achieved if conversation partners clarify which variation they are using. Second, future collaborations between philosophers and psychologists might be helpful in moving theoretical knowledge on dignity as a sense of self-worth into practical action. The “scourges” of a sense of self-worth and dignity are identified by psychologists as violence, humiliation, disregard and embarrassment. To know more about how these can be avoided from psychologists, is helpful when protecting a sense of self-worth in others. (shrink)

The paper presents H. L. A. Hart as a leading exponent of the analytic orientation in legal philosophy. Hart showed that the principles and methods of analytic philosophy yield fruitful implications to law, where they may foster fresh ideas and innovative solutions. The text emphasizes the linguistic aspect of Hart’s works; his achievements in legal theory are discussed in the context of the principles of ordinary language philosophy.

Many contemporary scholars defend the position that J. S. Mill was a ‘eudaimonist’, in a sense implying that he was not an ‘experiential’ hedonist. One ‘activist’ argument for this interpretation rests on the claim that Mill’s core axiological uses of ‘pleasure’ in Utilitarianism should be understood to refer to worthy or pleasurable activities rather than mental states. This paper offers a three-stage rebuttal of the activist interpretation. Firstly, in the Analysis, the Examination and the Logic, Mill explicitly identifies pleasures and (...) pains as mental states. Secondly, if we read Mill’s core axiological uses of ‘pleasure’ in Utilitarianism along activist lines, the text’s overall coherence and intelligibility becomes even more questionable than on the traditional experientialist reading. Finally, in his discussions of Plato, Mill seems to distance himself from the axiological view that non-hedonic features of mind or character have intrinsic value in their own right. In consequence, in the small number of cases in Utilitarianism in which Mill clearly speaks of ‘pleasures’ as activities, this is best construed as a derivative usage. (shrink)

Well-being is that which is non-instrumentally good for a person. It is identical to how well someone's life goes. There are three main theories of well-being: hedonism, desire-fulfillment, and objective list theories. Each of these theories is subject to criticism, which has led some philosophers to posit a hybrid theory in which well-being is defined as taking pleasure in objective goods. One problem that comes with such an account is the possibility of what I will call harmless pleasures; that is, (...) pleasures that while not taken in something bad, are neither linked to objective goods. It is counterintuitive to say that such pleasures do not make a person's life go better, yet this seems to be what hybrid theories entail. I call this the harmless-pleasure objection. In this paper, I argue that there is no obvious solution to this objection and this result casts doubt on hybrid theories of well-being. (shrink)

The perspectives of the dominant Western ethical theories, have dominated the concepts of autonomy and informed consent for many years. Recently this dominant understanding has been challenged by ethics of care which, although, also emanates from the West presents a more nuanced concept: relational autonomy, which is more faithful to our human experience. By paying particular attention to relational autonomy, particularity and Process approach to ethical deliberations in ethics of care, this paper seeks to construct a concept of informed consent (...) from the perspective of ethics of care which is here called relational autonomy-in-informed consent (RAIC). Thus, providing a broader theoretical basis for informed consent beyond the usual theoretical perspectives that are particularly Western. Care ethics provides such a broader basis because it appeals to a global perspective that encompasses lessons from other cultures, and this will help to enrich the current ideas of bioethics principles of autonomy and informed consent. This objective will be achieved by exploring the ethics of care emphasis on relationships based on a universal experience of caring; and by contrasting its concept of autonomy as relational with the understanding of autonomy in the approaches of the dominant moral theories that reflect rational, individualistic, and rights-oriented autonomy of the American liberalism. (shrink)

Surfing Economics is a collection of essays by one of Europe’s leading young economists. These essays are written to bring to life in a non-technical manner some of the fundamental ideas and concepts in contemporary economics, including new Keynesian economics, the natural rate, bounded rationality, social learning and the meaning of economics. Whilst primarily written for the undergraduate student, these essays will entertain and enlighten economists of all ages. Above all, the essays convey the enthusiasm and excitement of Huw Dixon (...) for economics along with his valuable insights into the subject. Just the thing to brighten up your reading lists. (shrink)

In this thesis I am going to explore the relationship between happiness and imprisonment. I will discuss three theories of happiness - hedonism, life satisfaction theories and emotional states theories. I will argue that the main problem of these theories is that they take happiness to consist only of psychological states. Because of this, I will turn my attention towards those theories that evaluate happiness in terms of how well life is going for the person who is living it. I (...) will argue that my Aristotelian account is the most plausible way to understand the relationship between happiness and imprisonment. This is because it takes into account both the external circumstances and the psychological and emotional life of pnsoners. Through this thesis, I will show that my account of happiness in prison accomplishes three tasks: i) it solves the problems encountered by the other theories of happiness in the evaluation of prisoners' happiness, ii) it does not suffer from two of the main objections to the other objectivist theories of happiness, and iii) it can help us to investigate the happiness of prisoners empirically more accurately. (shrink)

One of the most controversial areas of animal research is the use of nonhuman primates for fundamental research. At the centre of the controversy is the question of whether the benefits of research outweigh the harms. We argue that the evaluation of harms and benefits is highly problematic. We describe some common procedures in neurological research using nonhuman primates and the difficulties in evaluating the harm involved. Even if the harm could be quantified, it is unlikely that it could be (...) meaningfully aggregated over different procedures, let alone different animals. A similar problem arises for evaluating benefits. It is not clear how benefits could be quantified, and even if they could be, values for different aspects of expected benefits cannot be simply added up. Sorting harms and benefits in three or four categories cannot avoid the charge of arbitrariness and runs the risk of imposing its structure on the moral decision. The metaphor of weighing or balancing harms and benefits is inappropriate for the moral decision about whether to use nonhuman primates for research. Arguing that the harms and benefits in this context are incommensurable, we suggest describing the moral consideration of harms and benefits as a coherent trade-off. Such a decision does not require commensurability. It must be well-informed about the suffering involved and the potential benefits, it must be consistent with the legal, regulatory and institutional framework within which it is made, and it must cohere with other judgments in relevant areas. (shrink)

In this paper, I explain the demands of filial obligations from act and rule consequentialism. More specifically, I defend a rule-consequentialist explanation of filial obligations, and identify a few factors in relation to the determination of filial demands; they include the costs of internalization of filial obligations, and the proportions of the young and the old generations in a population pyramid. I believe that in a society with an aging population, we may accept a strong view of filial obligation. Towards (...) the end of the paper, I explain that rule-consequentialism is compatible with certain special views of filial obligations, such as the gratitude theory and the special goods theory; these theories represent ways in which adult children and their parents may obtain special goods from engaging in the relationship. (shrink)

We ask why pharmacological cognitive enhancement (PCE) is generally deemed morally unacceptable by lay people. Our approach to this question has two core elements. First, we employ an interdisciplinary perspective, using philosophical rationales as base for generating psychological models. Second, by testing these models we investigate how different normative judgments on PCE are related to each other. Based on an analysis of the relevant philosophical literature, we derive two psychological models that can potentially explain the judgment that PCE is unacceptable: (...) the “Unfairness-Undeservingness Model” and the “Hollowness-Undeservingness Model.” The Unfairness-Undeservingness Model holds that people judge PCE to be unacceptable because they take it to produce unfairness and to undermine the degree to which PCE-users deserve reward. The Hollowness-Undeservingness Model assumes that people judge PCE to be unacceptable because they find achievements realized while using PCE hollow and undeserved. We empirically test both models against each other using a regression-based approach. When trying to predict judgments regarding the unacceptability of PCE using judgments regarding unfairness, hollowness, and undeservingness, we found that unfairness judgments were the only significant predictor of the perceived unacceptability of PCE, explaining about 36% of variance. As neither hollowness nor undeservingness had explanatory power above and beyond unfairness, the Unfairness-Undeservingness Model proved superior to the Hollowness-Undeservingness Model. This finding also has implications for the Unfairness-Undeservingness Model itself: either a more parsimonious single-factor “Fairness Model” should replace the Unfairness-Undeservingness-Model or fairness fully mediates the relationship between undeservingness and unacceptability. Both explanations imply that participants deemed PCE unacceptable because they judged it to be unfair. We conclude that concerns about unfairness play a crucial role in the subjective unacceptability of PCE and discuss the implications of our approach for the further investigation of the psychology of PCE. (shrink)

The corporate responsibility (CR) discussion has so far been rather fragmented as academics tackle it from their own areas of expertise, which guarantees in-depth analyses, but leaves room for broader syntheses. This research is a synthetic, interdisciplinary exercise: it integrates philosophical, psychological and managerial perspectives of corporate responsibility into a more holistic CR-model for the benefit of academics, companies and their interest groups. CR usually comprises three areas: environmental, social and economic responsibilities. In all these areas there should be a (...) match between corporate values, discourses and actions. The aim of this multidisciplinary research is to build a CR-model by integrating (1) utilitarian/egoistic, duty/rights/justice and virtue ethical corporate values with (2) increased consciousness of psychological defences in corporate discourses, in order to achieve (3) responsible environmental, social and economic corporate actions. The resulting CR-model can be tested in companies and executed through corporate strategic and operational management. (shrink)

In this article it is argued that there are notable parallels between all of the different strands within ethics on the one hand, and accountancy on the other that, in teaching, can be drawn upon to enhance students’ understanding of the latter. Accountancy, part of economics, draws on utilitarian ethics, but not solely so. Accounting, in addition, draws on deontological and communitarian strands in ethics. The article suggests that the teaching of accounting – especially to non-economists – would benefit substantially (...) from highlighting and developing these parallels. (shrink)

Moral beliefs and attitudes may vary to great extent across different societies. Even within the same society, the prevailing moral beliefs and attitudes may vary throughout the history of this society. The moral beliefs and attitudes that prevail in a given society, at a given time, constitute the “positive morality” of this society. But can we morally assess the “positive morality”? In this paper I present reasons so as to give this question an affirmative answer. I argue that the moral (...) assessment of the “positive morality” must resort to the general principles of “critical morality”. The conception of “critical morality” that I defend in this paper resumes some aspects of David Hume’s moral philosophy. In the last section of this paper I also argue that formative works of art, such as novels, feature films, and documentary films may participate in the process of rational deliberation required by “critical morality”. (shrink)

The insistence of utilitarian philosophers on the moral relevance of the fact that animals can suffer has made utilitarian moral thinking central to debates on animal ethics at least since Jeremy B...

The use of law enforcement officers in American schools has rapidly expanded since its inception in the 1950s. This growth can in part be attributed to the Safe Schools Act of 1994, the establishment of the Community Oriented Policing Services Office, and tragic events that have occurred in our nation's schools. Law enforcement officers in the school environment traditionally have primary roles of protection and enforcement, although many have ancillary roles of educating and mentoring students. However, the use of police (...) in schools has also been associated with the formalization of student discipline and the criminalization of minor misconduct. Specifically, an increase in the number of officers in schools has mirrored an increase in the number of arrests and citations for relatively minor offenses. We argue that officers' socialization and training create role conflict in that the duty to enforce the law competes with other duties to mentor and nurture students. We present several hypothetical dilemmas and then illustrate how the “right thing to do” is determined by the perceived duties of the school safety officer. We conclude by presenting some modest suggestions on how to address the potential role conflict experienced by law enforcement officers working in schools. (shrink)

ZusammenfassungDas Verfahren des Sterbefastens ) hat eine lange Tradition, die, soweit wir wissen, bis in die Antike zurückreicht. Besonders in jüngster Zeit findet es Interesse bei älteren Menschen, die dem Tode nahe sind und über Zeitpunkt und Umstände ihres Todes ein gewisses Maß an Gestaltungsspielraum behalten wollen. Unter den Befürwortern dieses Verfahrens ist allerdings u. a. strittig, wieweit Sterbefasten als eine „passive“ Form von Suizid gelten kann. Auf dem Hintergrund der WHO-Definition des Suizids verteidigt der Beitrag eine affirmative Antwort und (...) diskutiert, wieweit sich daraus Konsequenzen für die ethische Beurteilung des Sterbefastens ergeben. (shrink)

The consumerist lifestyle of modernity has had a detrimental impact on the environment. In part, this is supposed by the traditional philosophical conceptualisation of subjectivity, which privileges human subjects from surrounding objects. Concern over our attitude to the environment has been present from the beginning of civilisation and particularly since the emergence of the industrial revolution. This thesis traces a genealogy of these concerns, from the Romantics, to 20th century philosophers such as Heidegger, through the political movements of the 1960-1980s (...) and the recognition of pollution, resource depletion and climate change by pan global organisation from the 1980s to the present day. The changes in epistemology in the wide context of society have influenced the way environmental education has emerged. Philosophy informs the way we understand subjectivity, language, pedagogy, curriculum, and our understanding of the environment. Education also operates in a political context, and the concepts that inform policies permeate educational institutions. Heidegger’s philosophy engages with the scope of the environmental problem, offers a critique of modernity, develops a new conceptualisation of subjectivity and the relationship between humanity and Being, and an analysis of the impact modern technology has mediating that relationship. Heidegger began to develop his ideas on technology during the period between World Wars, in Germany in the 1920s and 1930s. His philosophy was influenced by the Romantic Volk movement, and the ideas of Nietzsche, Spengler and Jünger. The tense political surroundings have influenced his thinking, in both constructive and detrimental ways. Heidegger remains one of the most influential philosophers to engage with the framework of technological modernity and its constraints on human subjectivity, and our way of relating to the earth. He challenges traditional ontology and epistemology. He raises the status of poetry from mere lyrical wordplay to means of developing a more authentic relationship between beings and Beings. I make a critical analysis of his philosophy, to distinguish the elements that remain inherently conservative and nationalistic from those that are immanently helpful in throwing light on the dilemma of modern life, and the escalating problem of environmental devastation. (shrink)

This study seeks to understand how consumers make unethical decisions and how unethical consumer behavior is formed in a relational society. By taking a relational interactive perspective and adopting a grounded theory approach, we have developed a theoretical framework for examining UCB’s developmental process in a relational society. The framework reveals 4 levels and 12 paths of UCB formation. Importantly, this study finds that UCB in a relational society is influenced by guanxi-oriented social culture so deeply that it cannot be (...) considered the result of a purely individual behavior choice. (shrink)

Information security can be of high moral value. It can equally be used for immoral purposes and have undesirable consequences. In this paper we suggest that critical theory can facilitate a better understanding of possible ethical issues and can provide support when finding ways of addressing them. The paper argues that critical theory has intrinsic links to ethics and that it is possible to identify concepts frequently used in critical theory to pinpoint ethical concerns. Using the example of UK electronic (...) medical records the paper demonstrates that a critical lens can highlight issues that traditional ethical theories tend to overlook. These are often linked to collective issues such as social and organisational structures, which philosophical ethics with its typical focus on the individual does not tend to emphasise. The paper suggests that this insight can help in developing ways of researching and innovating responsibly in the area of information security. (shrink)

This article tries to study the evolution of the place and significance of the term “fiction” in Bentham’s critical strategy against English law. If, in an initial phase, Bentham uses fictions to bring to light mystification operating in English law, he then attacks the theories that sought to justify and ground political society and law. Bentham proposes a foundation justified with the help of the principle of utility, which he presents as a “fundamental axiom” that needs no proof. Paradoxically, his (...) argumentation, taken as a whole, becomes intrinsically problematical on recognizing the inevitable linguistic necessity of fictions and the fictitious character of utility: every legal discourse will, in consequence, invoke the fictions that it previously criticised. He must therefore refine his theory of fictions and construct its positivity with the aim of drawing up a legal discourse that satisfies the demands of his theory of law. (shrink)

John Steinbeck’s 1939 novel can be given a reading that links events and the mentality of characters to mainstream schools of liberal and neo-liberal political theory: libertarianism, egalitarianism, and utilitarianism. Each of these schools is sketched in outline and applied to topics in rural political culture. While it is likely that Steinbeck himself would have identified with an egalitarian or utilitarian view, he resists the temptation to deny his Okie characters an authentic voice that matches none of these schools so (...) well as it articulates an agrarian mentality once associated with Thomas Jefferson and today articulated by Wendell Berry. This reading of The Grapes of Wrath, in turn, can be interpreted as both a rebuke to contemporary social theorists who continue to impose an ill-fitting left-right dichotomy on working class political culture in rural America and as a roadmap suggesting ways that philosophy and rural sociology might engage one another more directly and productively with respect to contemporary rural development and environmental quality issues. (shrink)

Some researchers have attributed deviations from selfish behavior to fairness. Violations of fairness theories, however, are observed in experimental dictator games with transfer rates greater than 1 (a transfer of x from the dictator yields an income of tx for the beneficiary, where x < tx): the dictator’s final income is less than the beneficiary’s. We theoretically propose that dictator giving also involves altruism, further supporting our claim with empirical evidence from four separate samples of dictator game experiments. Our nonlinear (...) specification allows the relative measurement of the independent motives in dictator behavior. (shrink)

This article pursues the question whether and inasmuch theories of corporate responsibility are dependent on conceptions of managerial freedom. I argue that neglect of the idea of freedom in economic theory has led to an inadequate conceptualization of the ethical responsibilities of corporations within management theory. In a critical review of the history of economic ideas, I investigate why and how the idea of freedom was gradually removed from the canon of economics. This reconstruction aims at a deconstruction of certain (...) axioms of neoclassical economics that hamper contemporary efforts in integrating ethics firmly into management education. I intend to show by these deconstructive endeavors that a constructive use of the idea of responsible freedom could correct and complement the current quantitative focus in business theory through qualitative orientations. I argue that with the help of qualitative success criteria, the strategic integration of the tenets of both business ethics and Corporate Social Responsibility into business practice can be advanced by further research. (shrink)

An explanatory coherence theory of justification is sketched and then defended against a number of recent objections: conservatism and relativism; wild and crazy beliefs; reliability; warranted necessary falsehoods; basing; distant, unknown coherences; Sosa's “self- and present-abstracts”; and Bayesian impossibility results.

I address a question in moral metaphysics: How are conflicts between moral obligations possible? I begin by explaining why we cannot give a satisfactory answer to this question simply by positing that such conflicts are conflicts between rules, principles, or reasons. I then develop and defend the “Dispositional Account,” which posits that conflicts between moral obligations are conflicts between the manifestations of obligating dispositions (obligating powers, capacities, etc.), just as conflicts between physical forces are conflicts between the manifestations of (certain) (...) causal dispositions (causal powers, capacities, etc.). This account combines the so-called “moral forces” interpretation of prima facie obligations with a dispositional moral metaphysic according to which the metaphysical grounds of moral obligations are not rules or laws, but rather real, irreducibly dispositional properties (or powers) of moral agents and patients. My principal aims are to offer a theoretically attractive and suitably metaphysical account of conflicts of obligation, and to show that the dispositional moral metaphysic that grounds the Dispositional Account can explain and accommodate plausible normative views that rule- and law-based alternatives cannot, as well as to answer objections that have been pressed against other accounts of moral conflict (especially Ross’s) that appeal to moral dispositions or forces. (shrink)

Human attitudes to animals have changed as non-humans have become more widely incorporated in the category of moral agents who deserve some respect. Parallels between the functioning of humans and non-humans have been made for thousands of years but the idea that the animals that we keep can suffer has spread recently. An improved understanding of motivation, cognition and the complexity of social behaviour in animals has led in the last 30 years to the rapid development of animal welfare science. (...) Early attempts to define welfare referred to individuals being in harmony with nature but the first usable definition incorporated feelings and health as part of attempts to cope with the environment. Others considered that welfare is only about feelings but it is argued that as feelings are mechanisms that have evolved they are a part of welfare rather than all of it. Most reviews of welfare now start with listing the needs of the animal, including needs to show certain behaviours. This approach has used sophisticated studies of what is important to animals and has replaced the earlier general guidelines described as freedoms. Many measures of welfare are now used and indicate how good or how poor the welfare is. Naturalness is not a part of the definition of welfare but explains why some needs exist. In recent years, welfare has become established as one of various criteria used to decide on whether a system is sustainable because members of the public will not accept systems that cause poor welfare. The study of welfare has become part of the scientific basis upon which important political decisions are made. (shrink)

In recent decades, neoclassical economists have made heroic efforts to accommodate within the confines of the concept of rational utility maximization the fact that individual behavior is significantly affected by moral considerations. This article argues the merits of using an alternative approach: recognizing that individuals pursue at least two irreducible sources of value or “utility”, pleasure and morality. The possibility that some additional utilities may have to be recognized is explored. This raises the concern that conceptual anarchy will break out, (...) which in turn will force a search for a common denominator, and thus a return to one overarching utility. Arguments are presented to show that this concern is unfounded. The main focus of the article is a criticism of the monoutility conception and a brief for separating the sense of discharging one's moral obligations from all other satisfactions. The article first deals with general conceptual points, and then cites both everyday observations and empirical evidence in support of this position. (shrink)

Inspired by the success of generative linguistics and transformational grammar, proponents of the linguistic analogy (LA) in moral psychology hypothesize that careful attention to folk-moral judgments is likely to reveal a small set of implicit rules and structures responsible for the ubiquitous and apparently unbounded capacity for making moral judgments. As a theoretical hypothesis, LA thus requires a rich description of the computational structures that underlie mature moral judgments, an account of the acquisition and development of these structures, and an (...) analysis of those components of the moral system that are uniquely human and uniquely moral. In this paper we present the theoretical motivations for adopting LA in the study of moral cognition: (a) the distinction between competence and performance, (b) poverty of stimulus considerations, and (c) adopting the computational level as the proper level of analysis for the empirical study of moral judgment. With these motivations in hand, we review recent empirical findings that have been inspired by LA and which provide evidence for at least two predictions of LA: (a) the computational processes responsible for folk-moral judgment operate over structured representations of actions and events, as well as coding for features of agency and outcomes; and (b) folk-moral judgments are the output of a dedicated moral faculty and are largely immune to the effects of context. In addition, we highlight the complexity of the interfaces between the moral faculty and other cognitive systems external to it (e.g., number systems). We conclude by reviewing the potential utility of the theoretical and empirical tools of LA for future research in moral psychology. (shrink)

§13 of Principia Ethica contains G. E. Moore’s most famous open question arguments. Several of Moore’s contemporaries defended various forms of metaethical nonnaturalism—a doctrine Moore himself endorsed—by appeal to OQAs. Some contemporary cognitivists embrace the force of Moore’s OQAs against metaethical naturalism. And those who posit noncognitivist meaning components of ethical terms have traditionally used OQAs to fuel their own emotivist, prescriptivist, and expressivist metaethical programs. Despite this influence, Moore’s OQAs have been ridiculed in recent decades. Their deployment has been (...) labeled “accident prone,” “simple to dismiss,” and just plain invalid. Critics accuse Moore of begging the question. Others argue that his OQAs founder upon the paradox of analysis. And still others argue that Moore’s open question argumentation is incompatible with the Kripke–Putnam causal theory of reference and thus it “simply fails; it is bankrupt”. I aim to show that there is something of continuing value in Moore’s open question efforts. I present and criticize Nicholas Sturgeon’s influential interpretation of Moore’s OQAs as a means to motivate and explicate my own interpretation of Moore’s thoughts in §13 of Principia Ethica. I then articulate the role that OQAs are intended to play in Moore’s overall argumentative strategies to undermine metaethical naturalism and thereby provide some theoretical support for metaethical nonnaturalism. Finally, I attend to the most prominent objections to Moore’s theorizing and attempt to evaluate the extent to which Moore’s efforts are successful. My hope is to display both the promising portions of Moore’s metaethical argumentation in Principia Ethica as well as its limitations. (shrink)

The apparent conflict between some fundamental ideas of Confucianism and of rights seems to render Confucianism incompatible with rights. I will illustrate the general strategies, based upon an insight of the later Rawls, to solve the incompatibility problem. I will then show how these strategies can help us to develop a Confucian account of animal rights, which, by way of example, demonstrates how Confucianism can endorse and develop unique and constructive accounts of most rights that are commonly recognized today.

In this paper we present a modern version of the classic theory of “ultimate psychological hedonism” . As does the UPH, our two-dimensional model of metatelic orientations also postulates a fundamentally hedonistic motivation for any human action. However, it makes a distinction between “telic” or content-based goals of actions and “metatelic” or emotional reasons for actions. In our view, only the emotional reasons for action, but not the goals of action, conform to the UPH. After outlining our model, we will (...) elucidate the similarities and differences between our model and classic UPH. In this context we will clarify several basic misconceptions regarding classic UPH. In a next step, two major criticisms of the theory of ultimate psychological hedonism will be discussed, that is the statement that the hedonistic principle has no motivating effect at all and the argument that the hedonistic motivation is only one of many motivations of human actions. We believe that both of these arguments can be refuted. Finally, we will discuss the compatibility of our model with evolutionary theory. (shrink)

In diesem Aufsatz wird erörtert, was unter dem Nutzen zu verstehen ist, den die utilitaristische Ethik maximieren will. Der klassische Utilitarist glaubt, die Lebewesen würden ausschließlich positive Befriedigungsgefühle, also bestimmte mentale Zustände anstreben. Der Präferentialist meint, es gehe den Lebewesen um die Erzeugung der extramentalen Weltzustände, die gewünscht werden. Dabei ist es nicht notwendig, daß die Erfüllung des Wunsches vom Wünschenden erfahren wird. Mentale Zustände werden dem Präferentialisten zufolge nicht notwendig angestrebt. Welcher dieser Ansätze drückt nun das aus, was tatsächlich (...) von den Individuen als nützlich bewertet wird? Die Frage ist für den Utilitaristen essentiell, denn das faktisch Gewollte ist für ihn die Basis des moralisch Gesollten. /// The paper discusses the concept of utility. Classical utilitarianism holds the "mental-state account" that individuals try to realize only feelings of satisfaction. Those that hold the "informed-desire account" think that individuals care only about the realization of the extramental states of affairs they wish. According to this position it is not necessary that the satisfaction of a desire will be experienced. Mental states are not in every case important. Which account expresses what individuals really evaluate as useful? This question is essential to the utilitarian because that what is really desired provides him with the basis of what is morally demanded. (shrink)

Upholding cooperative norms via punishment is of central importance in organizations. But what effect does punishing have on the reputation of the punisher? Although previous research shows third parties can garner reputational benefits for punishing transgressors who violate social norms, we proposed that such reputational benefits can vary based on the perceived motive for the punishment. In Studies 1 and 2, we found that individuals who endorsed a consequentialist motive for punishing were seen as more trustworthy. In Study 3, the (...) results showed that when pitted against one another, a person who endorsed a consequentialist motive for punishing was chosen more often as a partner in a Trust Game. In Study 4, we found that a manager who expressed a consequentialist reason for punishing an employee was seen as having less psychopathic tendencies, and this related to the manager being perceived as more trustworthy and a superior cooperation partner. Using a recall methodology, Study 5 results showed that employees who perceived their managers as having more consequentialist motives for punishing also perceived their managers as being less psychopathic and more trustworthy. Theoretical and practical implications are discussed. (shrink)

This paper uses a game-theoretic framework to formalize the Hayekian notion of equilibrium as the compatibility of plans. To do so, it imposes more structure on the conventional model of strategic games. For each player, it introduces goals, goal-oriented strategies, and the goals’ probabilities of success, from which players’ payoffs are derived. The differences between the compatibility of plans and Nash equilibrium are identified and discussed. Furthermore, it is shown that the notion of compatibility of plans, in general, differs from (...) the notion of Pareto efficiency. Since the compatibility of plans across all players can rarely be achieved in reality, a measurement is introduced to determine various degrees of plan compatibility. Several possible extensions and applications of the model are discussed. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

This article explores Peter Singer’s Animal Liberation thesis and examines the arguments against his work, particularly from certain moral philosophers in the late 1970s and 1980s who seriously engaged with his ideas. This article argues that due to the straightforward, minimalist nature of Singer’s preference utilitarianism, his arguments have remained highly defensible and persuasive. By advancing sentience, above characteristics like intelligence or rationality, as a sufficient criterion for possessing interests, Singer provides a justifiable principle for morally considering animal interests equal (...) to those of humans. Numerous moral philosophers have challenged Singer, but they have struggled to seriously counter his core principle and to resolve the argument of ‘marginal cases’—that is, why do infants and intellectually disabled humans have moral status and animals do not. Ultimately, Singer broadly challenged prevailing anthropocentric views of animals and, in some instances, persuaded some of his most intransigent opponents. (shrink)