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)

O objetivo central desse artigo é apresentar uma posição cognitivista e contextualista no que diz respeito à atribuição de significado dos conceitos normativos de ‘dever’, ‘correto’ e ‘errado’ usados em sentenças cotidianas. Argumentaremos que esses conceitos normativos são melhor compreendidos em termos de razões para agir. Após várias distinções iniciais de esclarecimentos, apontaremos para uma estratégia naturalizada da normatividade não reducionista, bem como para um procedimento de isolamento visando a justificação dos juízos normativos. Por fim, defenderemos que a atribuição de (...) verdade aos juízos normativos se dará em um âmbito de convergência prática. (shrink)

This article examines the method of reflective equilibrium (RE) and its role in philosophical inquiry. It begins with an overview of RE before discussing some of the subtleties involved in its interpretation, including challenges to the standard assumption that RE is a form of coherentism. It then evaluates some of the main objections to RE, in particular, the criticism that this method generates unreasonable beliefs. It concludes by considering how RE relates to recent debates about the role of intuitions in (...) philosophy. (shrink)

This article argues that, suitably modified, the method of reflective equilibrium is a plausible way of selecting moral principles. The appropriate conception of the method is wide and radical, admitting consideration of a full range of moral principles and arguments, and requiring the enquiring individual to consider others' views and undergo experiences that may offset any formative biases. The individual is not bound by his initial considered judgments, and may revise his view in any way whatsoever. It is appropriate to (...) describe the method as a balance between coherentism and fallibilist foundationalism. With these points in mind, various criticisms, including the claims that considered judgments are not initially credible and are shaped by prejudice, and that the method itself fails to determine principle selection, are challenged. (shrink)

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)

A edição especial da Revista Dissertatio pretende refletir sobre a importância da filosofia moral e política de John Rawls no cenário filosófico atual no ano em que sua obra mais conhecida, A Theory of Justice, completa quarenta anos. Esta data comemorativa é apenas um pretexto para uma avaliação integral do projeto de Rawls, o que inclui obras posteriores, como, por exemplo, Political Liberalism e The Law of Peoples. Os artigos aqui reunidos procuram tematizar tanto a estrutura quanto o conteúdo da (...) teoria da justiça como equidade, avaliando atentamente as suas virtudes e, também, as suas fraquezas. (shrink)

This article investigates how human life is conceptualized in the design and use of digital assistants and how this conceptualization feeds back into the life really lived. It suggests that a specific way of conceptualizing human life — namely as a set of tasks to be optimized — is responsible for the much-criticized information hunger of these digital assistants. The data collection of digital assistants raises not just several issues of privacy, but also the potential for improving people’s degree of (...) self-determination, because the optimization model of daily activity is genuinely suited to a certain mode of self-determination, namely the explicit and reflective setting, pursuing, and monitoring of goals. Furthermore, optimization systems’ need for generation and analysis of data overcomes one of the core weaknesses in human capacities for self-determination, namely problems with objective and quantitative self-assessment. It will be argued that critiques according to which digital assistants threaten to reduce their users’ autonomy tend to ignore that the risks to autonomy are derivative to potential gains in autonomy. These critiques are based on an overemphasis of a success conception of autonomy. Counter to this conception, being autonomous does not require a choice environment that exclusively supports a person’s “true” preferences, but the opportunity to engage with external influences, supportive as well as adverse. In conclusion, it will be argued that ethical evaluations of digital assistants should consider potential gains as well as potential risks for autonomy caused by the use of digital assistants. (shrink)

Recent scholarly attention to ‘legitimate expectations’ and their role in legal transitions has yielded widely varying principles for distinguishing between legitimate and non-legitimate expectations. This article suggests that methodological reflection may facilitate substantive progress in the debate. Specifically, it proposes and defends the use of a wide reflective equilibrium methodology for constructing, justifying and critiquing theories of legitimate expectations and other kinds of normative theories about legal transitions. The methodology involves three levels of analysis — normative principles, their theoretical antecedents, (...) and considered judgements about their implications in specific cases — and iteration between these three levels in an effort to ensure coherence. The payoffs from applying this methodology to the legitimate expectations debate are illustrated through a discussion of examples from the existing literature. Some proposed innovations to the methodology, including the incorporation of insights from the ideal/non-ideal theory debate, are likely to be of wider interest to political theorists. (shrink)

Software systems play an ever more important role in our lives and software engineers and their companies find themselves in a position where they are held responsible for ethical issues that may arise. In this paper, we try to disentangle ethical considerations that can be performed at the level of the software engineer from those that belong in the wider domain of business ethics. The handling of ethical problems that fall into the responsibility of the engineer has traditionally been addressed (...) by the publication of Codes of Ethics and Conduct. We argue that these Codes are barely able to provide normative orientation in software development. The main contribution of this paper is, thus, to analyze the normative features of Codes of Ethics in software engineering and to explicate how their value-based approach might prevent their usefulness from a normative perspective. Codes of Conduct cannot replace ethical deliberation because they do not and cannot offer guidance because of their underdetermined nature. This lack of orientation, we argue, triggers reactive behavior such as “cherry-picking,” “risk of indifference,” “ex-post orientation,” and the “desire to rely on gut feeling.” In the light of this, we propose to implement ethical deliberation within software development teams as a way out. (shrink)

Practical equilibrium, like reflective equilibrium, is a way of deciding what to think about morality. It shares with reflective equilibrium the general thesis that there is some way in which a moral theory must, in order to be acceptable, answer to one’s moral intuitions, but it differs from reflective equilibrium in its specification of exactly how a moral theory must answer to one’s intuitions. Whereas reflective equilibrium focuses on a theory’s consistency with those intuitions, practical equilibrium also gives weight to (...) a theory’s approval of one’s having those intuitions. (shrink)

Over the last twenty years, John Rawls has developed an approach to political philosophy which appeals to the notion of reflective equilibrium. This notion has proven suggestive to those attracted to coherence approaches to justification, in ethics and in other domains as well. In this paper, I explore the question whether Rawls’s approach provides a model for a coherentist account of justification, concluding that although the discussion of reflective equilibrium has provided helpful insights it has not produced a coherentist model (...) of justification. (shrink)

(In German.) The book addresses Rawls's post-1985 political liberalism. His justification of political liberalism -- as reflected in his arguments from overlapping consensus -- faces the problem that liberal content can be justified as reciprocally acceptable only if the addressees of such a justification already endorse points of view that suitably support liberal ideas. Rawls responds to this legitimacy-theoretical problem by restricting public justification's scope to include reasonable people only, while implicitly defining reasonableness as a substantive liberal virtue. But this (...) virtue-ethical grounding of political liberalism is itself unreasonable. The phenomenon of disharmony of practical reason gives the reasonable reasons to take it that political legitimacy does not obtain if and where moral-political principles are acceptable from their point of view only. (shrink)

How can we figure out what’s right or wrong, if moral truths are neither self-evident nor something we can perceive? Very roughly, the method of reflective equilibrium (RE) says that we should begin moral inquiry from what we already confidently think, seeking to find a a match between our initial convictions and general principles that are well-supported by background theories, mutually adjusting both until we reach a coherent outlook in which our beliefs are in harmony (the equilibrium part) and we (...) know why and how they support each other (the reflective part). It has been central to the self-understanding of normative ethics and other branches of philosophy in the last half a century. In this chapter, we examine the history of the idea of RE and introduce a schema for generating 256 variants. We explain why RE is subject to serious objections insofar as it purports to yield epistemic justification in virtue of achieving coherence. However, we also develop a new argument to the effect that RE is the best feasible method for us to achieve moral understanding and the ability to justify our judgments to others. It may thus be crucial for responsible moral inquiry, even if coherence among considered judgments and principles is neither sufficient nor necessary for justified moral belief. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)