Is the overall value of a world just the sum of values contributed by each value-bearing entity in that world? Additively separable axiologies (like total utilitarianism, prioritarianism, and critical level views) say 'yes', but non-additive axiologies (like average utilitarianism, rank-discounted utilitarianism, and variable value views) say 'no'. This distinction appears to be practically important: among other things, additive axiologies generally assign great importance to large changes in population size, and therefore tend to strongly prioritize the long-term survival of humanity over (...) the interests of the present generation. Non-additive axiologies, on the other hand, need not assign great importance to large changes in population size. We show, however, that when there is a large enough `background population' unaffected by our choices, a wide range of non-additive axiologies converge in their implications with additive axiologies—for instance, average utilitarianism converges with critical-level utilitarianism and various egalitarian theories converge with prioritarianism. We further argue that real-world background populations may be large enough to make these limit results practically significant. This means that arguments from the scale of potential future populations for the astronomical importance of avoiding existential catastrophe, and other arguments in practical ethics that seem to presuppose additive separability, may succeed in practice whether or not we accept additive separability as a basic axiological principle. (shrink)

The meaning of justice can be defined according to a juridical, human, theological, ethical, biomedical, or social perspective. It should guarantee the protection of life and health, personal, civil, political, economic, and religious rights, as well as non-discrimination, inclusion, protection, and access to care. In this review, we deal with three theoretical concepts that define justice in all its aspects. (1) The utilitarian theory, which justifies moral statements on the basis of the evaluation of the consequences that an action produces, (...) elaborating a pragmatic model of medical science. (2) The libertarian theory, which considers freedom as the highest political aim, thus absolutizing the rights of the individual; here, the principle of self-determination, with respect to which the principle of permission/consent is the fundamental presupposition, plays a central role in the definition of the person. (3) The iusnaturalist theory, in which man’s moral freedom is identified with the ability to act by choosing what the intellect indicates to him as good; the natural moral law that drives every conscience to do good is therefore realized in respect for the person in the fullness of his rights. In conclusion, different forms and conceptions of justice correspond to different organizations of society and different ways of addressing ethical issues in the biomedical domain. (shrink)

ABSTRACT:Utilitarianism is commonly defined in very different ways, sometimes in a single text. There is wide agreement that it mandates maximizing some kind of good, but many formulations also require a pattern of distribution. The most common of these take utilitarianism to characterize right acts as those that achieve “the greatest good for the greatest number.” This paper shows important ambiguities in this formulation and contrasts it (on any plausible interpretation of it) with the kinds of utilitarian views actually defended (...) by major proponents of utilitarianism. The aim is not to defend any of these views but to formulate them in a way that facilitates using them—or, more likely, some revised version suggested by the paper—in guiding decisions in business. The analysis provided here should also facilitate appraisal of utilitarianism, contribute to clarity in discussions of business ethics, and suggest a range of ethical standards that merit consideration for certain kinds of decision. If the results of the analysis are correct, a distributive reading of utilitarianism is at best misleading as a representation of its central thrust; it should not be described as the view that ethics calls for achieving “the greatest good for the greatest number”; and, understood as its major proponents take it, utilitarianism differs more from Kantian ethics than distributive readings imply and is more difficult to defend than it appears to be when viewed as intrinsically distributive. (shrink)

The word “emotion” has named a psychological category and a subject for systematic enquiry only since the 19th century. Before then, relevant mental states were categorised variously as “appetites,” “passions,” “affections,” or “sentiments.” The word “emotion” has existed in English since the 17th century, originating as a translation of the French émotion, meaning a physical disturbance. It came into much wider use in 18th-century English, often to refer to mental experiences, becoming a fully fledged theoretical term in the following century, (...) especially through the influence of two Scottish philosopher-physicians, Thomas Brown and Charles Bell. This article relates this intellectual and semantic history to contemporary debates about the usefulness and meaning of “emotion” as a scientific term. (shrink)

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...) one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

I examine the two-level utilitarian case for humane animal agriculture (by R. M. Hare and Gary Varner) and argue that it fails on its own terms. The case states that, at the ‘intuitive level’ of moral thinking, we can justify raising and killing animals for food, regarding them as replaceable, while treating them with respect. I show that two-level utilitarianism supports, instead, alternatives to animal agriculture. First, the case for humane animal agriculture does not follow from a commitment to two-level (...) utilitarianism combined with a commitment to respecting animal lives. Secondly, the two-level utilitarian case falls prey to a compartmentalization problem and cannot uphold both respect and replaceability. What I call ‘humane lives’ are not appropriately valued by the lights of two-level utilitarianism itself. (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 paper examines one objection to the suggestion that, rather than being subjected to extended prison sentences on the one hand, or simply released on the other, dangerous offenders should be in principle liable to some form of civil detention on completion of their normal sentences. This objection raises the spectre of a, pursuing various reductivist means outside the criminal justice system. The objection also threatens to undermine dualist theories of punishment, theories which combine reductivist and retributivist considerations. The paper (...) attempts to refute the objection by holding that a wedge can be driven between incapacitation and other reductivist measures, and hints at a possibly new version of dualism in the process. (shrink)

This short paper addresses a well‐known difficulty in the Pure Theory of Law: the definition of a legal wrong. Kelsen was unable to offer a suitable one, critics say. I agree. But the critics misdiagnosed the problem, and prescribed for it a fruitless solution. The reason for Kelsen’s failure, the critics say, was that he thought the law consists only of sanction‐stipulating norms addressed to officials, and does not comprise duty‐imposing norms addressed to citizens. But the critics are wrong, exegetically (...) as well as substantively. Kelsen did not—and indeed could not—deny that there are such duty‐imposing norms; and it is not the case, in any event, that the admission that there are such norms would enable us to explain the notion of a legal wrong. Kelsen failed to provide an adequate characterization of the notion of a legal wrong, yes, but for a different reason. (shrink)

Objects are inert, passive, devoid of will, and as such bear no intrinsic value or moral worth. This claim is supported by the argument that to be considered a moral agent one must have a conscious will and be sufficiently free to act in accordance with that will. Since material objects, it is assumed, have no active will nor freedom, they should not be considered moral agents nor bearers of intrinsic ethical vale. Thus, the apparent “moral neutrality” of objects rests (...) upon a kind of subject/object or mind/body dualism. The aim of this paper is to explore two paths by which western thought can escape this dualism, re-valuate the alleged “moral neutrality” of material objects, and initiate a sort of “object oriented ethics,” albeit with surprising results. To do so, this paper explores the work of Arthur Schopenhauer and Baruch Spinoza to interrogate both the claim that material objects have no will and that freedom is the necessary condition for ethical responsibility. This paper concludes by arguing that not only should objects been seen as bearers of their own ethical value, a determinate judgement can be made regarding that value through a basic understanding of the laws of physics. (shrink)

The value of solidarity, which is exemplified in noble groups like the Civil Rights Movement along with more mundane teams, families and marriages, is distinctive in part because people are in solidarity over, for or with regard to something, such as common sympathies, interests, values, etc. I use this special feature of solidarity to resolve a longstanding puzzle about enacted social moral rules, which is, aren’t these things just heuristics, rules of thumb or means of coordination that we ‘fetishize’ or (...) ‘worship’ if we stubbornly insist on sticking to them when we can do more good by breaking them? I argue that when we are in a certain kind of solidarity with others, united by social moral rules that we have established among ourselves, the rules we have developed and maintain are a constitutive part of our solidary relationships with one another; and it is part of being in this sort of solidarity with our comrades that we are presumptively required to follow the social moral rules that join us together. Those in the Polish Revolution, for example, were bound by informally enforced rules about publicity, free speech and the use of violence, so following their own rules became a way of standing in a valuable sort of solidarity with one another. I explain why we can have non-instrumental reasons to follow the social moral rules that exist in our own society, improve our rules and even sometimes to break the otherwise good rules that help to unite us. (shrink)

Prevailing philosophies about parental and other caregiver responsibilities toward children tend to be protectionist, grounded in informed benevolence in a way that countenances rather than circumvents intrusive paternalism. And among the kinds of children an adult might be called upon to parent or otherwise care for, children with disabilities figure among those for whom the strongest and snuggest shielding is supposed be deployed. In this article, we examine whether this equation of securing well-being with sheltering by protective parents and other (...) care-givers should unreflectively be adopted for disabled children. We also consider why healthcare providers might reasonably be reluctant to yield to this principle, even if parents instinctively suppose that protectionism is the parenting policy that best serves their disabled child’s interest. We contend that caregivers owe children with disabilities at least as much, and possibly more, respect for self-governance than other children need. In spite of disabled children’s vulnerability and even in view of it, we argue that they should be accorded not only welfare rights to well-being but at least a modified version of liberty rights as well. Healthcare providers are especially favorably positioned to facilitate the latter response. The main components of respectful caregiving can come into conflict with one another, but we present some priorities that advise against adopting a protectionist account of parenting rights, or at least against accepting protectionist views that focus parenting narrowly on shaping ideas about the child’s welfare. In sum, caring for a disabled child, we argue, involves more than creating conditions that will afford her contentment and comfort over the course of life. (shrink)

Bentham's dictum, ‘everybody to count for one, nobody for more than one’, is frequently noted but seldom discussed by commentators. Perhaps it is not thought contentious or exciting because interpreted as merely reminding the utilitarian legislator to make certain that each person's interests are included, that no one is missed, in working the felicific calculus. Since no interests are secure against the maximizing directive of the utility principle, which allows them to be overridden or sacrificed, the dictum is not usually (...) taken to be asserting fundamental rights that afford individuals normative protection against the actions of others or against legislative policies deemed socially expedient. Such non-conventional moral rights seem denied a place in a utilitarian theory so long as the maximization of aggregate happiness remains the ultimate standard and moral goal. (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)

In a very short time, it is likely that we will identify many of the genetic variants underlying individual differences in intelligence. We should be prepared for the possibility that these variants are not distributed identically among all geographic populations, and that this explains some of the phenotypic differences in measured intelligence among groups. However, some philosophers and scientists believe that we should refrain from conducting research that might demonstrate the (partly) genetic origin of group differences in IQ. Many scholars (...) view academic interest in this topic as inherently morally suspect or even racist. The majority of philosophers and social scientists take it for granted that all population differences in intelligence are due to environmental factors. The present paper argues that the widespread practice of ignoring or rejecting research on intelligence differences can have unintended negative consequences. Social policies predicated on environmentalist theories of group differences may fail to achieve their aims. Large swaths of academic work in both the humanities and social sciences assume the truth of environmentalism and are vulnerable to being undermined. We have failed to work through the moral implications of group differences to prepare for the possibility that they will be shown to exist. (shrink)

In this essay we reflect critically on how animal ethics, and in particular thinking about moral standing, is currently configured. Starting from the work of two influential “analytic” thinkers in this field, Peter Singer and Tom Regan, we examine some basic assumptions shared by these positions and demonstrate their conceptual failings—ones that have, despite efforts to the contrary, the general effect of marginalizing and excluding others. Inspired by the so-called “continental” philosophical tradition , we then argue that what is needed (...) is a change in the rules of the game, a change of the question. We alter the normative question from “What properties does the animal have?” to “What are the conditions under which an entity becomes a moral subject?” This leads us to consider the role of language, personal relations, and material-technological contexts. What is needed then in response to the moral standing problem, is not more of the same—yet another, more refined criterion and argumentation concerning moral standing, or a “final” rational argumentation that would be able to settle the animal question once and for all—but a turning or transformation in both our thinking about and our relations to animals, through language, through technology, and through the various place-ordering practices in which we participate. (shrink)

Utilitarianism has dominated media ethics for a century. For Mill, individual autonomy and neutrality are the foundations of his On Liberty and System of Logic, as well as his Utilitarianism. These concepts fit naturally with media ethics theory and professional practice in a democratic society. However, the weaknesses in utilitarianism articulated by Ross and others direct us at this stage to a dialogic ethics of duty instead. Habermas's discourse ethics, feminist ethics, and communitarian ethics are examples of duty ethics rooted (...) in the dialogic relation that enable us to start over intellectually. (shrink)

In this research, we develop a reporting framework based on an ethical account of the Australian live sheep export industry’s current operations. We demonstrate that LSE operates within a legitimacy vacuum constituted by a repeated cycle of events that we characterize as scandal-response-obduracy with a constant factor being animal cruelty on an industrial scale. The lack of legitimacy is facilitated by an obdurate regulatory context, an absence of consumer awareness of industry practices, jurisdictional impediments to enforcement of animal cruelty laws (...) and foundational epistemic vices upon which the industry calculates an unethical cost benefit analysis of current practice. While legitimacy theory would expect demise of the LSE industry, its prolonged continuation is more than a curiosity. It presents an opportunity to understand how focus on vice epistemics and reporting of animal welfare may contribute to emancipatory change in the form of improved animal welfare in agricultural industries. (shrink)

This paper applies moral foundations theory in the context of consumer ethics. The purpose of the study is to examine whether moral foundations theory can be utilised as a theoretical framework to explain consumers’ beliefs regarding both ethical and unethical consumption. The relationships among various moral foundations and different dimensions of consumer ethics are examined with a sample of 450 US consumers. The results demonstrate that, among the various moral foundations, only the sanctity/degradation foundation is negatively related to beliefs regarding (...) all forms of unethical consumer actions as well as ‘no harm, no foul’ actions. On the contrary, the care/harm, fairness/cheating and authority/subversion foundations are related to positive beliefs regarding ‘doing good’ actions. This indicates that moral motivations for supporting pro-social actions as a consumer are not necessarily the same as moral motivations for condemning unethical actions. The findings also demonstrate that the loyalty/betrayal foundation is positively related to beliefs regarding unethical consumer actions and negatively related to perceptions of pro-social consumer actions. This demonstrates that in-group loyalty leads to supporting unethical actions. Furthermore, the results show that various moral foundations mediate the relationships of idealism with consumers’ ethical beliefs. Hence, various moral foundations can explain the effects of personal variables on consumer ethics. (shrink)

This paper applies moral foundations theory in the context of consumer ethics. The purpose of the study is to examine whether moral foundations theory can be utilised as a theoretical framework to explain consumers’ beliefs regarding both ethical and unethical consumption. The relationships among various moral foundations and different dimensions of consumer ethics are examined with a sample of 450 US consumers. The results demonstrate that, among the various moral foundations, only the sanctity/degradation foundation is negatively related to beliefs regarding (...) all forms of unethical consumer actions (actively benefiting from illegal actions, passively benefiting from the mistakes of the seller and actively benefiting from legal but questionable actions) as well as ‘no harm, no foul’ actions. On the contrary, the care/harm, fairness/cheating and authority/subversion foundations are related to positive beliefs regarding ‘doing good’ actions. This indicates that moral motivations for supporting pro-social actions as a consumer are not necessarily the same as moral motivations for condemning unethical actions. The findings also demonstrate that the loyalty/betrayal foundation is positively related to beliefs regarding unethical consumer actions and negatively related to perceptions of pro-social consumer actions. This demonstrates that in-group loyalty leads to supporting unethical actions. Furthermore, the results show that various moral foundations mediate the relationships of idealism with consumers’ ethical beliefs. Hence, various moral foundations can explain the effects of personal variables on consumer ethics. (shrink)

This paper addresses the nurse manager's role regarding chemically-dependent nurses in the workplace. The manager may intervene by: terminating the contract of the impaired colleague; notifying a disciplinary committee; consulting with a counselling committee; or referring the impaired nurse to an employee assistance programme. A dilemma may arise about which of these interventions is ethically the best. The ethical theories relevant to nursing involve ethical relativism, utilitarianism, Kantian ethics, Kohlberg's justice, and Gilligan's ethic of care. Nurse managers first need to (...) understand these theories in order to clarify their own perceptions and attitudes towards chemical dependency, and then satisfactorily resolve this ethical dilemma. Education and social learning are routes to a better understanding of chemical dependency and to broadening the ethical dimensions of nurse managers. (shrink)

The concept of morality underpins the moral responsibility that not only depends on the outward practices (or ‘output’, in the case of humanoid robots) of the agents but on the internal attitudes (‘input’) that rational and responsible intentioned beings generate. The primary question that has initiated extensive debate, i.e. ‘Can humanoid robots be moral?’, stems from the normative outlook where morality includes human conscience and socio-linguistic background. This paper advances the thesis that the conceptions of morality and creativity interplay with (...) linguistic human beings instead of non-linguistic humanoid robots, as humanoid robots are indeed docile automata that cannot be responsible for their actions. To eradicate human ethics in order to make way for humanoid robot ethics highlights the moral actions and adequacy that hinges the myth of creative agency and self-dependency, which a humanoid robot can scarcely express. -/- . (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)

The compliance-based approach and the integrity approach have been the mainstream responses to corporate scandals. This paper proposes that, despite each approach comprising necessary elements, neither offers a comprehensive solution. Compliance and integrity, far from being mutually exclusive, reinforce each other. Working together, in a correct relationship, they build a harmonized system that yields positive synergies and which also advocates prudence. It enables the generation of a culture of compliance that tends to minimize the technical and ethical errors in decision (...) making. In order to explore an applied harmonized approach, we analyze the audit committee, a specific and broadly accepted regulatory instrument. Formed by non-executive members, regulation requires these members to be dedicated, qualified, and independent as a guarantee of efficiency. We show how the compound of those elements produces positive effects in a context of solid governance. We conclude that it is the strong relationship between efficiency and prudence, in the creation of a culture of compliance, which enables the minimization of errors. (shrink)

Although suffering in Schopenhauer’s works may be explained by how the will to life is objectified in the world, a more precise inquiry leads us to elucidate the significance of this experience in his writings. This article claims in the first place that suffering in this author’s works is triggered by multiple sources and takes various forms. In fact, and this is the article’s second claim, these sources coincide with some later scholars’ characterizations of modern suffering. The main aim is (...) to show the value of Schopenhauer’s works in understanding modern malaise. This article is divided into 4 parts: in the first part, some considerations about suffering and modernity are indicated; in the second part, the place of suffering in Schopenhauer’s works is explored; in the third part, some of suffering’s sources are analysed; finally, a number of dimensions that may be of great value in better understanding modern malaise are noted. (shrink)

The object of this article is to examine, with the work of Jeremy Bentham as the principal example, one strand in the complex pattern of European social theory during the second half of the eighteenth century. This was of course the period not only of the American and French revolutions, but of the culmination of the movements of thought constituting what we know as the Enlightenment. Like all great historical episodes, the Enlightenment was both the fulfilment of long-established processes and (...) the inauguration of new processes of which the fulfilment lay in the future. Thus the seminal ideas of seventeenth-century rationalism realized and perhaps exhausted their potentialities in the eighteenth-century Enlightenment. The ideas with which this article is concerned, however—conveniently grouped and labelled as the ideas of utilitarianism—only began to achieve systematic development in these later decades of the eighteenth century. Within that period—during the first half and more of Bentham's long life—attempts to apply those ideas to the solution of social problems met largely with failure and frustration. Yet unrealized potentialities remained, the realization of which was reserved for a time when the world of the philosophes no longer existed. The movements for social and political reform which have played so large a part in modern history since the French Revolution may be judged in widely differing ways; but whatever the verdict, these movements surely cannot be understood without due consideration of that part of their origins which lies in eighteenth-century utilitarianism. (shrink)

My object in this paper is to suggest a few reflections on some themes in Bentham's work which others as well as I have noted, without perhaps developing them as fully as might with advantage be done. There will be nothing like full development in the limited compass of what is said here, but what is said may at least indicate possible directions for further exploration. The greater part of the paper will be concerned with the notion of natural authority; (...) but I want to begin by taking a broader, though no doubt rather superficial, view of the role in Bentham's thinking of the concepts of ‘nature’ and ‘the natural’. (shrink)

The full range of Bentham's engagement with Blackstone's view of law is beyond the scope of a single article. Yet it is important to recognize at the outset, even in a more restricted enquiry into the matter, that the engagement, begun when Bentham, not quite sixteen years of age, started to attend Blackstone's Oxford lectures, was indeed a lifelong affair. Whatever Bentham had in mind when, at the age of eighty, in 1828, he began to write a work entitled ‘A (...) familar view of Blackstone: or say Blackstone familiarized’, the manuscripts at least suffice to prove that ‘Our Author’ was still in the forefront of his mind at that octogenarian but still indefatigably active stage of his career. Every aspect of Bentham's multifarious intellectual activity over the intervening decades had been touched in some measure by his response to Blackstone's ideas. It still seems true to say what was said a dozen years ago: It would be an exaggeration to say that Bentham elaborated his own conception of law by way of a constant and conscious dialectic with the views of Blackstone. But it would be an exaggeration for which the evidence would afford some excuse. (shrink)

As Colin Allen has argued, discussions between science and ethics about the mentality and moral status of nonhuman animals often stall on account of the fact that the properties that ethics presents as evidence of animal mentality and moral status, namely consciousness and sentience, are not observable “scientifically respectable” properties. In order to further discussion between science and ethics, it seems, therefore, that we need to identify properties that would satisfy both domains.In this article I examine the mentality and moral (...) status of nonhuman animals from the perspective of neuroethics. By adopting this perspective, we can see how advances in neuroimaging regarding research into the neurobiology of pain, “brain reading,” and the minimally conscious state may enable us to identify properties that help bridge the gap between science and ethics, and hence help further the debate about the mentality and moral status of nonhuman animals. (shrink)

J. E. Grunig's seminal work on excellence theory and subsequent works by other scholars advance the two-way symmetrical model as a best-practice approach to public relations. In part, two-way symmetry is preferred because of an assertion that it is the most ethical form of practice. However, only within a means-based deontological framework do two-way symmetry and the principle of dialogue emerge as universally ethical. Taking an ends-based utilitarian standpoint makes the potential ethical flaws of two-way symmetry apparent. Issues of moral (...) luck, hegemony, and the limitations of dialogue also pose problems for the moral primacy claims surrounding two-way symmetry. The analysis that follows points toward a need for a more relative and contingent approach to PR ethics, and by extension to PR practice itself. (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)

Moral realism and ethical naturalism are both highly attractive ethical positions but historically they have often been thought to be irreconcilable. Since the late 1980s defenders of Cornell Realism have argued that the two positions can consistently be combined. They make three constitutive claims: (i) Moral properties are natural kind properties that (ii) are identical to (or supervene) on descriptive functional properties, which (iii) causally regulate our use of moral terms. We offer new arguments against the feasibility of Cornell realism (...) and then show that there is a way to be a naturalistic realist that avoids internal inconsistency and uniquely provides for moral normativity. (shrink)

Consequentialism is often criticized for failing to accommodate impersonal constraints and personal options. A common consequentialist response is to acknowledge the anticonsequentialist intuitions but to argue either that the consequentialist can, after all, accommodate the allegedly recalcitrant intuitions or that, where accommodation is impossible, the recalcitrant intuition can be dismissed for want of an adequate philosophical rationale. Whereas these consequentialist responses have some plausibility, associational duties represent a somewhat different challenge to consequentialism, inasmuch as they embody neither impersonal constraints nor (...) personal options, but rather personal constraints. Our intuitions about associational duties resist capture within the intellectual net of consequentialism, and such duties do admit of a philosophical rationale at least as plausible as anything the consequentialist has to offer. (shrink)

This paper compares two theories and their two corresponding computational models of human moral judgment. In order to better address psychological realism and generality of theories of moral judgment, more detailed and more psychologically nuanced models are needed. In particular, a motivationally based theory of moral judgment is developed in this paper that provides a more accurate account of human moral judgment than an existing emotion-reason conflict theory. Simulations based on the theory capture and explain a range of relevant human (...) data. They account not only for the original data that were used to support the emotion–reason conflict theory, but also for a wider range of data and phenomena. (shrink)

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)

It seems to be generally agreed that a foundationalist view of any area of justified beliefs is the affirmation that there are some beliefs which are to some degree credible for a person independently of reflection on logical relations to any others of his beliefs, and that any other beliefs of his are justified because of appropriate logical relations to these basic beliefs — thus contrary to the coherentist thesis that beliefs can only be justified by appeal to their relation (...) to other beliefs of a person, independently of whether these other beliefs are themselves independently credible. Thus, for the area of moral beliefs, foundationalism is the view that there is at least a subset of a person's moral beliefs which are either justified independently of logical relations to any other beliefs, or are justified by their logical relations to some other beliefs, either independently credible moral beliefs, or independently credible non-moral ones.I am here restricting ‘ethical’ beliefs to moral beliefs, as distinct from beliefs that something is a good thing or intrinsically good or good for a person. (shrink)

Many philosophers tacitly accept the View: consciousness is necessary for being a welfare subject. That is, in order to be an eligible bearer of welfare goods and bads, an entity must be capable of phenomenal consciousness. However, this paper argues that, in the absence of a compelling rationale, we are not licensed to accept the View, because doing so amounts to fallacious reasoning in theorizing about welfare: insisting on the View when consciousness is not in fact important for welfare value (...) in a systematic and significant way is objectionably “consciousist.” As a result, the View does not advance our understanding of the value of consciousness. The paper further diagnoses why we may be attracted to the View, and what we should accept instead. (shrink)

The growing awareness that corporate and public policy forming processes are intensively utilitarian has provoked a variety of criticism. The procedural difficulties of utilitarianism are well known; less well known but potentially more devastating is a set of charges that utilitarian policy processes intrude upon important relationships and societal processes. This paper defends utilitarian methods against these charges.More specifically, two criticisms are singled out for examination. The first is the claim that utilitarian policy processes systematically discriminate against the rights of (...) non-human life and suppress any feelings of sympathy or obligation humans might have for animals or plants. The second is the argument that utilitarianism ultimately circumvents considerations of process which are essential for the development of individual and societal identity. (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)

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)

In this article, I defend the idea that Bentham's international political theory entails a cosmopolitan dimension. First, I explain that Bentham rejects two pillars of internationalism, namely, the sovereign's unconstrained autonomous power and authority in international politics, and the legal and moral personality of the state in the international realm. This critique leads Bentham to construct a complex international political theory which places the issue of states’ responsibility at its centre. Bentham's international theory articulates a minimalist international system of cooperation (...) between states and an institutional model of public officials’ responsibilities that together play the crucial role in securing the greatest happiness of the greatest number in the world. In this last part, I explain how Bentham's international political theory relies heavily on the responsibilities of states, a set of responsibilities that encompasses both national and cosmopolitan responsibilities that public officials in each state hold. (shrink)