Humanity is an important notion within Kant's moral theory. The humanity formulation of the categorical imperative commands: ‘So act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means’ . Kant's analysis of ethical obligation and his expositions of rights and duties in the Metaphysics of Morals refer frequently to humanity. How we understand this concept, then, has signifcant implications for how (...) we understand Kant's ethics. (shrink)

Gilligan's understanding of moral reasoning as a kind of perception has its roots in the conception of moral experience espoused by Simone Weil and Iris Murdoch. A clear understanding of that conception, however, reveals grave difficulties with Gilligan's descriptions of the care perspective and justice perspective. In particular, we can see that the two perspectives are not mutually exclusive once we recognize that attention does not require attachment and that impartiality does not require detachment.

In this article, I present a neo-Confucian answer, by Cheng Hao and Cheng Yi, to the question, "Why should I be moral?" I argue that this answer is better than some representative answers in the Western philosophical tradition. According to the Chengs, one should be moral because it is a joy to perform moral actions. Sometimes one finds it a pain, instead of a joy, to perform moral actions only because one lacks the necessary genuine moral knowledge—knowledge that is accessible (...) to every common person as long as one makes the effort to learn. One should make the effort to learn such knowledge—to seek joy in performing moral actions—because to be moral is a distinguishing mark of being human. This neo-Confucian answer seems to be egoistic, as its conception of motivation for morality is based on self-interest: to seek one's own joy. However, since it emphasizes that one's true self-interest is to seek joy in things uniquely human, which is to be moral, self-interest and morality become identical; the more a person seeks one's self-interest, the more moral the person is, and vice versa. (shrink)

In this paper, I challenge a familiar argument -- a composite of arguments in the literature -- for the view that “Why be moral?” is a pseudo-question. I do so by refuting a component of that argument, a component that is not only crucial to the argument but important in its own right. That component concerns the status of moral reasons in replies to “Why be moral?”; consequently, this paper concerns reasons and rationality no less than it concerns morality. The (...) work I devote to those topics shows not only that the argument I address is unsound, but that the conclusion of that argument is false. “Why be moral?” is no pseudo-question. (shrink)

A companion to 'Punishment: Consequentialism' and 'Punishment: Nonconsequentialism', which examine attempts to justify punishment as a state institution, this paper considers possible alternatives to punishment. On the assumption that there are two elements to punishment, an element of condemnation and of hard treatment, the paper considers, first, the alternative of condemnation without hard treatment, and secondly, of hard treatment without condemnation. The paper then looks ahead to possible developments in thinking and theorising about punishment.

I argue that given a plausible reading of John Williams’s Stoner (2012 [1965]) the novel throws light on the demands and costs of pursuing a strategy for self-realisation along Platonic lines which seeks unification through the adoption of a single exclusive end in a manner that emulates the Socratic maieutic teacher. The novel does not explicitly argue either for or against such a strategy but rather vividly depicts its difficulties, appeal, and limitations, thus leaving the ultimate evaluation up to the (...) reader. (shrink)

In this chapter we first discuss the main principles of justice and note the standard objections to them, which we believe necessitate a hybrid approach. The hybrid account we defend is primarily based on the distributive principle of sufficientarianism, which we interpret as the idea that each country should have the means to provide a minimally decent quality of life for each of its citizens. We argue that sufficientarian considerations give good reason to think that what we call the ‘ability (...) to pay objection’ should be taken much more seriously in this debate. Following this, our account emphasises what we believe are the two most important moral desiderata in any attempt to distribute responsibility for dealing with climate change: the ability to mitigate the problem and the making of culpable contributions to the problem. After noting that our proposal includes enough detail to be a useful start for policy makers, we defend our account against some potential objections. (shrink)

This article points out how far-reaching the changes in our public life would actually have to be if we wanted to avoid paternalism altogether. For example, the widespread view that only a physician with training at a recognized institution should be allowed to perform surgery or that only an educated lawyer may provide legal council is clearly paternalistic. In fact, many professional regulations, not just in medicine and law, but also in engineering and many other areas of expertise, have a (...) strongly paternalistic function. Moreover, this problem is located in a sphere that is neither clearly private, nor seems to be part of a state-legislated public sphere. Professional organizations are neither governments, nor necessarily democratic, but they are often state-certified and produce binding regulations for issues of public interest. The author bites the bullet and accepts professional paternalism, while insisting that special care should be placed on how to design an appropriate professional code of conduct. (shrink)

The application of human right frameworks is an increasingly important part of efforts to accelerate progress in global mental health. Much of this has been driven by several influential legal and policy instruments, most notably the United Nations’ Convention on the Rights of Persons with Disabilities, as well as the World Health Organization’s QualityRights Tool Kit and Mental Health Action Plan. Despite these significant developments, however, much more needs to be done to prevent human rights violations. This chapter focuses on (...) a critical component of this broader challenge, which is the question of how best to regulate and reduce the use of coercive measures. The recent literature on coercion in psychiatry – which addresses involuntary commitment, seclusion, restraint, and forced medication – represents a useful resource that can help guide tractable solutions in global mental health. These issues are evaluated from the perspective of global health governance, and several general recommendations are made in order to improve monitoring and enforcement, provide guidance for domestic legislative reform, and strengthen health systems. (shrink)

This book chapter is not available in ORA, but you may download, display, print and reproduce this chapter in unaltered form only for your personal, non-commercial use or use within your organization from the ANU E Press website.

I argue that Mill introduced the distinction between quality and quantity of pleasures in order to fend off the then common charge that utilitarianism is ‘a philosophy for swine’ and to accommodate the (still) widespread intuition that the life of a human is better, in the sense of being intrinsically more valuable, than the life of an animal. I argue that in this he fails because in order to do successfully he would have to show not only that the life (...) of a human is preferable to that of an animal on hedonistic grounds, but also that it is in some sense nobler or more dignified to be a human, which he cannot do without tacitly presupposing non-hedonistic standards of what it means to lead a good life. (shrink)

Michael Oakeshott's religious view of the world stands behind much of his political and philosophical writing. In this essay I first discuss Oakeshott's view of religion and the mode of practice in his own terms. I attempt next to illuminate his idea of religion by describing it in less technical language, drawing upon other thinkers such as Georg Simmel and George Santayana, who share similar views. I then evaluate Oakeshott's view as a whole, considering whether his ideas about religion can (...) stand up to careful scrutiny and whether they have value for present-day reflection on religion. (shrink)

Against the view of some contemporary Kantians who wish to downplay Kant's retributivist commitments, I argue that Kant's theory of practical of reason implies a retributive conception of punishment. I trace this view to Kant's distinction between morality and well-being and his attempt to synthesize these two concerns in the idea of the highest good. Well-being is morally valuable only insofar as it is proportional to virtue, and the suffering inflicted on wrongdoers as punishment for wrongdoing is morally good so (...) long as it is proportional to the wrongdoing. According to Kantian retributivism, punishment is warranted as a means to promote proportionality between well-being and virtue. (shrink)

In recent years, there has been a great deal of philosophical discussion about the alleged moral right to die. If there is such a moral right, then it would seem to imply a moral duty on others to not interfere with the exercise of the right. And this might have important implications for public policy insofar as public policy ought to track what is morally right.

Brown attempts to clarify Hegelian ideas of absolute knowledge and self-knowledge that lead to the model of the modern state as "the vehicle for the self-expression of spirit...governed only by the requirements of reason" upon which Hegel grounds international ethics.

This paper examines Michael Oakeshott's ideas on the relation between political philosophy and normative thought. To this end, some of the most controversial concepts of his thought are considered in the context of the philosophical debates that developed after the success of analytic philosophy and, in particular, of Ayer's Language, Truth, and Logic. First, the paper argues that, in contrast to analytic and ordinary language thinkers, Oakeshott defends the legitimacy and the rationality of normative thinking. To this end, the importance (...) of the Oakeshottian concepts of tradition and moral practice is stressed, and the controversial notion of ‘pursuit of intimations’ is considered. Through a discussion of Oakeshott's unpublished notes, the relevance of Aristotle for the development of his thought is also highlighted. Second, the paper contends that Oakeshott sees political philosophy as a critical activity aiming at universal concepts. At the same time, the paper stresses the Oakeshottian distinction betw.. (shrink)

Abstract: The concept of a situation underlying the debate between moral situationists and dispositionists conceals various underexplored complexities. Some of those issues have been engaged recently in the so-called psychology of situations, but they have been slow to receive attention in mainstream philosophy. I invoke various distinctions among situations, and show how situationists have selectively chosen certain types of situations that, for conceptual reasons, skew the argument in their favour. I introduce the concept of a ‘virtue-calibrated situation’, and argue that (...) if the person–situation debate is to move forward in philosophy as it has in psychology, it must focus on such situations. I bring to bear evidence from analytic and continental philosophy, as well as from social and personality psychology. (shrink)

Building on Rodin's analysis, Ryan raise further issues about self-defense as a justification of modern nation state war. Principal among these is what he calls the "conscription paradox.".

Traditionally Kant's theory of punishment has been seen as wholly retributive. Recent Kantian scholarship has interpreted the theory as more moderately retributive: punishment is deterrent in aim, and retributive only in so far as the amount and type of penalty is to be determined by retributive considerations (the ius talionis). But it is arguable that a more coherent Kantian theory of punishment can be developed which makes no appeal to retribution at all: hypothetical contractors would have no good reason to (...) endorse punishment distributed retributively. This position is first sketched behind Rawls's neo‐Kantian ‘veil of ignorance’, and it is suggested that the same theory will emerge from Scanlon's more relaxed neo‐Kantian position. (shrink)