Although anxiety is frequently seen as a predominantly negative phenomenon, some recent researchers have argued that it plays an important positive function, serving as an alert to warn agents of possible problems or threats. I argue that not only can one’s own, first-personal anxiety perform this function; because it is possible for others—in particular, one’s friends—to feel anxious on one’s behalf, their anxious feelings can sometimes play the same role in our functioning, and make similar contributions to our well-being. I (...) distinguish between a number of kinds of cases in which what I call proxy anxiety serves a positive function, including Anxiety Avoidance (where there is good reason for an agent to avoid becoming anxious herself, but can benefit from a friend’s anxiety on her behalf), Anxiety Omission (where an agent fails to become anxious due to a malfunctioning anxiety-generating system), long-term commitments involving dispositions to feel other-directed proxy anxiety, and cases in which proxy anxiety can help reduce or relieve excessive anxiety. A person’s friends, it is argued, are particularly well positioned to help regulate deficient and/or excessive anxieties, precisely because friends are close enough to care for and identify with the agent, but at the same time distant enough to maintain a relatively objective perspective. I conclude by examining connections between proxy anxiety and theories of well-being. (shrink)

Peter Singer’s recent appointment to Princeton University created considerable controversy, most of it focused on his proposal for active euthanasia of disabled infants. Singer articulates utilitarian ideas that often appear in public discussions of euthanasia. Drawing on Pope John Paul II’s work on ethics and suffering, I argue that Singer’s utilitarian theory of value is impoverished. After introducing the Pope’s ethic based on the imago dei, I discuss love as self-gift. I show how this concept supports a theory of value (...) in which spiritual goods are preeminent over material goods. I then describe how suffering reveals spiritual goods, discussing how participation in Christ’s suffering can alter our perception of value. I also consider how communal responses to suffering provide opportunities for self-giving. Third, I consider Singer’s proposal for killing infants with hemophilia, arguing that it arbitrarily ignores spiritual goods. I then discuss proposals to kill anencephalic infants, discussing how parental response to their suffering can demonstrate an extraordinary love in seemingly hopeless circumstances. I conclude by calling for a more sustained social response to euthanasia initiatives. (shrink)

Abstract: The concepts of virtue and right action are closely connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This essay outlines a rival explanation, based on the "higher-level" account (...) of virtue defended in the author's Virtue, Vice, and Value . On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either's causing the other but on their being joint effects of a single common cause. (shrink)

Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...) sanctions, and it is at least conceptually possible for there to be a legal system that lacks coercive enforcement altogether. This article then examines why most political philosophers and some legal philosophers have been reluctant to treat the conceptual possibility of non-coercive law as significant. (shrink)

This paper argues for the superiority of natural law theory over consent -based approaches to sexual morality. I begin by criticizing the “consenting adults” sexual ethic that is dominant in contemporary Western culture. I then argue that natural law theory provides a better account of sexual morality. In particular, I will defend the “perverted faculty argument”, according to which it is immoral to use one’s bodily faculties contrary to their proper end.

In this paper I assess the possibility of advancing a modern conception of social justice under neo-Aristotelian lights, focussing primarily on conceptions that assert a fundamental connection between social justice and eudaimonia. After some preliminary remarks on the extent to which a neo-Aristotelian account must stay close to Aristotle’s own, I focus on Martha Nussbaum’s sophisticated neo-Aristotelian approach, which I argue implausibly overworks the aspects of Aristotle’s thought it appeals to. I then outline the shape of a deeper and more (...) general, and as yet unanswered, problem facing neo-Aristotelian accounts: how to justify the claim that the point of a just society is to assist or enable its members to flourish. (shrink)

Robert Nozick's experience machine thought experiment is often considered a decisive refutation of hedonism. I argue that the conclusions we draw from Nozick's thought experiment ought to be informed by considerations concerning the operation of our intuitions about value. First, I argue that, in order to show that practical hedonistic reasons are not causing our negative reaction to the experience machine, we must not merely stipulate their irrelevance (since our intuitions are not always responsive to stipulation) but fill in the (...) concrete details that would make them irrelevant. If we do this, we may see our feelings about the experience machine becoming less negative. Second, I argue that, even if our feelings about the experience machine do not perfectly track hedonistic reasons, there are various reasons to doubt the reliability of our anti-hedonistic intuitions. And finally, I argue that, since in the actual world seeing certain things besides pleasure as ends in themselves may best serve hedonistic ends, hedonism may justify our taking these other things to be intrinsically valuable, thus again making the existence of our seemingly anti-hedonistic intuitions far from straightforward evidence for the falsity of hedonism. (shrink)

The essay considers what respect demands and what trust demands when one person trusts another. What respect requires in responding to trust is substantial but limited, ranging from the sharply proscriptive to the mildly prescriptive. What trust requires is, in a sense, unlimited, its content depending on the extent to which the person who trusts, and more importantly the person who is trusted, seek to build a relationship characterised by trust and trustworthiness.

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

A comprehensive account of human kindness.

This paper argues that the founding fathers of the tradition of Scottish Enlightenment natural jurisprudence, Gersholm Carmichael (1672–1729) and Francis Hutcheson (1694–1746), articulated a view of rights that is pertinent to the contemporary dominance of the language of rights. Maintaining a metaphysical foundation for rights while drawing upon the early-modern Protestant natural law tradition, their conception of rights is more significantly indebted to the pre-modern scholastic natural law tradition than often realized. This is illustrated by exploring some of the background (...) to their respective theories of rights, detailing the precise reasoning that Carmichael and Hutcheson brought to bear upon their conception of rights, and then exploring their application of their understanding of rights to the question of property. (shrink)

This paper centers upon the issue, within the project of analytic jurisprudence, of how to construe the status of the legal activities of a state when there is a disjuncture between a nation's formal legal commitments, such as those stated within a bill or charter of rights, and the way in which its officials actually engage in the practice of law, i.e., legislation and adjudication. Although there are two positions within contemporary legal theory which focus directly on this issue (Inclusive (...) and Exclusive Legal Positivism), neither is able to offer an acceptable descriptive-explanatory account of the variety of legal activities at play within such situations. Thus, tensions between legal formality and practice, existent in many legal systems today, can be used to delineate a theoretical gap in regard to our understanding of law. This paper serves to acknowledge that point, and suggests a possible constructive solution to the positivists' descriptive-explanatory problem. Furthermore, in taking seriously the gap between the normative orientation of a legal system and its de facto practice, this paper also suggests other areas within analytic jurisprudence that might be meaningfully informed by that issue. (shrink)

Our goal in this paper is two-fold. First, we aim to clarify two ways in which contemporary Christian bioethicists have erred, on Engelhardt’s account, in their attempts to do bioethics within a distinctively non-Christian idiom, namely, either (1) by rejecting a principal metaethical thesis or (2) by misrepresenting a principal moral-epistemological thesis of natural-law ethics, properly construed. Second, we intend to show not only that Engelhardt can and should endorse the Christian bioethicists’ use of non-Christian moral idioms in the public (...) square but also—perhaps to the surprise both of his critics and of his supporters—that he does, in fact, do so. (shrink)

Ante ciertos modelos causales del agente libre inspirados en Tomás de Aquino, resulta interesante atender al modelo causal presentado por Tomás mismo, especialmente en un texto a partir del cual se puede rastrear la exposición de la acción libre como el efecto de los cuatro sentidos causales aristotélicos. Se trata de la cuestión sobre los actos imperados (ST I–II, q. 17); en cuyos primeros cuatro artículos –y en sus textos paralelos– determina que la voluntad es causa agente; la razón práctica, (...) causa ordenadora; y el imperium de ambas (razón y voluntad) se relaciona con el acto imperado como lo formal con lo material. (shrink)

In this paper the authors, starting from the experience described and commented on in earlier work by Mancini and Sbordone, deal with the three main epistemological problems that the research group they participated in had to face:The conflicting and ambiguous relationship between psychoanalysis and social researchThe classical epistemological problem of the relationship between the subject and object of research within the perspective of action researchThe problem arising from their experience, i.e., the risk of manipulation, and the way to deal with (...) it from an epistemic perspectiveThe three problems are dealt with one at a time, but from a common perspective, i.e., the attempt to integrate the richness and variety of human subjectivity in social research. As to the relationship between psychoanalysis and social research, a special section is devoted to the implications of an integrated or convergent methodology on team-working in organisations. (shrink)

Businesses have long been admonished for being unduly focused on the pursuit of profit. However, there are some organizations whose purpose is not exclusively economic to the extent that they seek to constitute common good. Building on Christian ethics as a starting point, our article shows how the pursuit of the common good of the firm can serve as a guide for humanistic management. It provides two principles that humanistic management can attempt to implement: first, that community good is a (...) condition for the realization of personal good, and second, that community good can only be promoted if it is oriented towards personal good. To better understand which community good can favor personal good and how it can be achieved, we examine two recent humanistic movements—Conscious Capitalism and Economy of Communion—that strive to participate in the common good. From the analysis of these two movements, we identify a shared managerial willingness to adopt the two principles. Moreover, we also reveal that Conscious Capitalism and Economy of Communion present different ways of linking community good and personal good, and therefore, different means exist for firms to participate in the common good. (shrink)

Despite becoming one of the most active research areas in organizational behavior, the field of organizational justice has stayed at a safe distance from moral questions of values, as well as from critical questions regarding the implications of fairness considerations on the status quo of power relations in today’s organizations. We argue that both organizational justice research and the managerial practices it informs lack reflexivity. This manifests itself in two possible hypocrisies of fairness. Managers may apply organizational justice knowledge but (...) fail to increase the actual levels of fairness in employment relations. Researchers, on the other hand, may claim to promote fairness through their work while actually providing managers with tools that enable or even encourage them to feed the hypocrisy of fairness identified above. As␣part of our argument, we identify three types of mechanisms managers may use to influence and manage the formation of fairness perceptions. We consider how the exercise of power is related to the potential application of organizational justice knowledge across individual, interpersonal and social levels. Our approach makes power dynamics and moral implications salient, and questions the purely subjectivist view of justice researchers that deliberately discards normative aspects. The questions opened up by considering alternative mechanisms for creating fairness perceptions have led us to formulate a research agenda for organizational justice research that takes multiple stakeholder interests, power dynamics and ethical implications into account. We believe that the fields of organizational justice and normative justice can benefit from combined research. (shrink)

The concept of co‐ordination problems helps solve the problem of authority and obligation in legal theory, but only if the concept is carefully distinguished from the game‐theoretical concept of co‐ordination problems and their solutions. After explaining the game‐theoretical concept, the author defends its application to legal theory by reviewing the exchange he has had with Joseph Raz about the authority of law. Extending that debate, he argues that criticisms from Raz and others miss the point of the co‐ordination thesis; its (...) primary benefit is that it illuminates the source of law's moral authority in the way law enables individuals to co‐ordinate their actions for the common good without imposing a national common enterprise upon them. (shrink)

The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect of human rights is a perfect (...) moral duty for corporations and the Principle’s ‘human rights due diligence’ requirement. We argue that the effectiveness of the ‘human rights due diligence’ is in many respects dependent upon the moral commitment of corporations. The Principles leave room for an instrumental or strategic implementation of due diligence, which in some cases could result in a depreciation of the fundamental norms they seek to promote. We reveal some limits of pragmatic approaches to coping with business-related human rights abuses. As these limits become more apparent, not only does the case for further progress in international and extraterritorial human rights law become more compelling, but so too does the argument for a more forceful discussion on the moral foundations of human rights duties for corporations. (shrink)

In A Matter of Principle, Ronald Dworkin discusses the role a political morality should play in decisions about when the law should be obeyed and enforced, and even what law is. Noticing that liberalism was once a quasi-consensus theory in Great Britain and the United States – and, therefore, a natural candidate to that role in those countries – Dworkin argues that the loss of that status is due to an alleged failure of liberal political theorists to identify a kind (...) of egalitarianism as the constitutive principle on which liberalism is based. My aim in this paper is to advance arguments against such an influential claim that a certain egalitarianism would be the constitutive principle of political liberalism. (shrink)

This article argues that the price obtainable in an open market provides the best standard for determining the justice or injustice of the price of a product. The article argues that this standard, which is closely related to positions which have been held for hundreds of years, is superior to several alternative conceptions of the just price that have been put forward in recent years and is not subject to fundamental criticisms which can be addressed to them. The article also (...) shows how this standard is grounded in more fundamental principles of justice such as desert and equality. (shrink)

This paper seeks to identify a mid-level unifying ethical principle that may help clarify and articulate the ethical responsibilities of business firms in the field of marketing ethics. The paper examines critically the main principles which have been proposed to date in the literature, namely consumer sovereignty, preserving the conditions of an acceptable exchange, paternalism, and the perfect competition ideal, and concludes that all of them are vulnerable to damaging criticisms. The paper articulates and defends the mutuality principle as the (...) most plausible candidate for the role of master principle in the relations between a firm and its customers. This principle requires that sellers look for reciprocity in their relations with their customers, seeking to provide to their customers something that helps them improve in some way their well-being and is commensurate with what they receive from them. (shrink)

Loyalty is a much-discussed topic among business ethicists, but this discussion seems to have issued in very few clear conclusions. This article builds on the existing literature on the subject and attempts to ground a definite conclusion on a limited topic: whether, and under what conditions, it makes sense for an employee to offer loyalty to his employer. The main ways in which loyalty to one’s employer can contribute to human flourishing are that it makes the employee more trustworthy and (...) therefore more valuable as an employee; makes it easier to form authentic relationships in other areas of the employee’s life; expands the employee’s field of interests and gives her or him a richer identity; provides greater motivation for the employee’s work; makes it possible to have a greater unity in the employee’s life; improves the performance of the organization for which the employee works; contributes to the protection of valuable social institutions; and, in so far as many employees share an attitude of loyalty towards the organization which employs them, it becomes possible for this organization to become a true community. Last, but not the least, loyal relationships have an inherent value. The article also reviews the main arguments that have been offered against employee loyalty and concludes that none of them offers a reason why it would be inappropriate in all cases for an employee to be loyal to her or his employer. The force of these arguments depends on the specific attributes of the organization for which the employee works. The main conclusion of the article is that while being a loyal employee involves risk, it has the potential to contribute significantly to the employee’s fulfilment. The main challenge for employees is to identify employers who are worthy of being loyal to. (shrink)

In this paper, I confront Engelhardt’s views—conceptualized as a cohesive moral perspective grounded in a combination of secular and Christian moral requirements—on two fronts. First, I critique his view of the moral demands of justice within a secular pluralistic society by showing how Thomistic natural law theory provides a content-full theory of human flourishing that is rationally articulable and defensible as a canonical vision of the good, even if it is not universally recognized as such. Second, I defend the principles (...) of Roman Catholic social teaching (RCST) against Engelhardt’s objection that it constitutes a watered-down version of the Christian moral vision which opens the door to intolerable moral compromises. While I acknowledge that Engelhardt’s criticism of RCST is well-grounded in certain abusive compromises that have been made by some Catholic healthcare institutions, I contend that such abuses are not endemic to RCST and avoidance of them is practically feasible in contemporary secular pluralistic societies. My primary aim is to show how continued dialogue between Engelhardtian libertarians and more communitarian-inclined RCST proponents may constructively yield a vision of healthcare allocation that ensures succor for the least advantaged within an authentically Christian social ethic. (shrink)

Some bioethicists have argued that moral bioenhancement, complementing traditional means of enhancing individuals’ moral dispositions, is essential if we are to survive as a species. Traditional means of moral enhancement have historically included civil legislation, socially recognized moral exemplars, religious teachings and disciplines, and familial upbringing. I explore the necessity and feasibility of pursuing methods of moral bioenhancement as a complement to such traditional means, grounding my analysis within a virtue-theoretic framework. Specifically, I focus on the essential intellectual virtue for (...) proper moral reasoning, prudence, and whether proposed methods of moral bioenhancement could facilitate the cultivation of this virtue within the psyches of moral agents. I conclude that certain means of bioenhancement may serve to augment the ability to reason prudentially and assist moral agents to align their wills with their higher-order rational desires, though such means require those higher-order desires to already have been formulated independently. (shrink)

Debate concerning human enhancement often revolves around the question of whether there is a common “nature” that all human beings share and which is unwarrantedly violated by enhancing one’s capabilities beyond the “species-typical” norm. I explicate Thomas Aquinas’s influential theory of human nature, noting certain key traits commonly shared among human beings that define each as a “person” who possesses inviolable moral status. Understanding the specific qualities that define the nature of human persons, which includes self-conscious awareness, capacity for intellective (...) thought, and volitional autonomy, informs the ethical assessment of various forms of enhancement. Some forms of cognitive and physical enhancement may be desirable from the perspective of what constitutes the “flourishing” of human persons in our fundamental nature; while other forms of enhancement, such as emotive or so-called “moral” enhancement, run the risk of detracting from human flourishing when evaluated from the virtue-theoretic perspective Aquinas promotes. (shrink)

Secular arguments for equal and exclusively human worth generally tend to follow one of two strategies. One, which has recently gained renewed attention because of a novel argument by S. Matthew Liao, aims to directly ground worth in an intrinsic property that all humans have in common, whereas the other concedes that there is no morally relevant intrinsic difference between all humans and all other animals, and instead appeals to the membership of all humans in a special kind. In this (...) article, I argue that both strategies necessitate drawing a line that is both arbitrary and implausibly opens a moral gulf between individuals whose difference from one another in terms of empirical reality is entirely unremarkable, providing reasons to reject them that go beyond the standard objections in the literature. I conclude that, if all humans are to be included in the community of equals, we must lay to rest the idea that we can do so without also including a wide range of non-human animals. (shrink)

Through modern driver assistant systems, algorithmic decisions already have a significant impact on the behavior of vehicles in everyday traffic. This will become even more prominent in the near future considering the development of autonomous driving functionality. The need to consider ethical principles in the design of such systems is generally acknowledged. However, scope, principles and strategies for their implementations are not yet clear. Most of the current discussions concentrate on situations of unavoidable crashes in which the life of human (...) beings is existentially affected. In this paper, we argue that ethical considerations should be mandatory for any algorithmic decision of autonomous vehicles, instead of a limitation to hazard situations. Such an ethically aligned behavior is relevant because autonomous vehicles, like any other traffic participants, operate in a shared public space, where every behavioral decision impacts the operational possibilities of others. These possibilities concern the fulfillment of a road-user’s safety, utility and comfort needs. We propose that, to operate ethically in such space, an autonomous vehicle will have to take its behavior decisions according to a just distribution of operational possibilities among all traffic participants. Using an application on a partially-autonomous prototype vehicle, we describe how to apply and implement concepts of distributive justice to the driving environment and demonstrate the impact on its behavior in comparison to an advanced but egoistic decision maker. (shrink)

The paper argues that an ethical firm has cause to realize and to respect, in good faith, the decision of workers regarding labor unions, and proceeds along the following lines. First, the employer is due appropriate deference the bounds of which should be determined in conjunction with employees, as they are the most closely affected party. Second, employee preferences for defining the employment relation and appropriate deference are best reflected through autonomous voice. Third, autonomous voice is assured by the right (...) to free association and generally achieved through labor unions. Fourth, because employment is so important to a dignified existence, an economically just system of employment requires respect for workers’ choice regarding labor unions. And fifth, there are concerns and contradictions that arise from labor union operations, but they do not justify impeding a morally valid prerogative. (shrink)

This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim (...) is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state. (shrink)

This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this account will emerge (...) the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)

Management control systems include justice implicitly, as they believe that the market provides what is just or not through the market value. Psychological literature has deemed that people can perceive which procedures and decisions are just or not. In this paper, we argue that management control systems need to include justice criteria explicitly, beyond mere market value, in both their design (formal justice) and use (informal justice). This will increase the probability that organizational members will collaborate to achieve organizational goals.

Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On the other hand, it (...) may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justice philosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)

The last two decades have seen a great deal of scandals in the business world. Many of them have to do with accounting and management control, but in substantially different ways. This paper focuses on the dysfunctional effects of systems of measurement and incentives, and the possible ways to overcome those dysfunctional effects, achieving a stable state of goal congruence through the introduction of justice in the design and use of management control systems, by contributing to the ethical development within (...) the organization. We first analyze how the discipline of control systems came into being, and show how, in the last decades, both in theory and practice, has gone in a direction of becoming more ‘automatic,’ and then, we provide some case studies of how they are at the origin of many of the scandals. Borrowing from Rosanas and Velilla and from Cugueró-Escofet and Rosanas, we develop a model of control systems based on justice, where we make the distinction between formal and informal justice. We are then able to show how informal justice is the key element in the dynamics of a control system: to preserve formal justice, or to evolve toward formal justice. In any case, it is a necessary condition to reach a state of maximum goal congruence, stable through time, as a consequence of the ethical development that this type of systems are able to generate. (shrink)

A renewed concern with Aristotle’s thought about the economic aspects of human life and society can be observed. Aristotle dealt with the economic issues in his practical philosophy. He thus considered ‘the economic’ within an ethical and political frame. This vision is coherent with a specific ontology of ‘the economic’ according to Aristotle. In a recent paper, I analysed this ontology and left its consequences, especially for Ethics and Politics, for another paper. In this article, I firstly summarise the reasoning (...) and conclusions of the aforementioned paper. Then, I extract the ethical and political “lessons” of the Aristotelian conception. I finally add a section with epistemological “lessons”, and consequences for the teaching of Economics. (shrink)

The ‘value-free ideal’ has been called into question for several reasons. It does not include “epistemic values”—viewed as characteristic of ‘good science’—and rejects the so-called ‘contextual’, ‘non-cognitive’ or ‘non-epistemic’ values—all of them personal, moral, or political values. This paper analyzes a possible complementary argument about the dubitable validity of the value-free ideal, specifically focusing on social sciences, with a two-fold strategy. First, it will consider that values are natural facts in a broad or ‘liberal naturalist’ sense and, thus, a legitimate (...) part of those sciences. Second, the paper will not reject the value-free ideal; rather, it will construe this ideal in a special way, not casting values aside in sciences, but bringing them to the table and rationally discussing them. Today’s predominant naturalistic view has tended to ‘naturalize’ values by looking for physicalist explanations for them—a move resisted by defenders of normativism in social sciences. At the same time, a contending ‘liberal naturalist’ stream has emerged, claiming that not all natural entities can be explained by the methods and concepts of physical sciences, and favors a non-materialist naturalism which includes mind, consciousness, meaning and value as fundamental parts of nature that cannot be reduced to matter. Hence, it may be posited that non-epistemic values could be ‘naturally’ included in the field of human sciences. (shrink)

This paper considers the justifiability of criminalising anti-social behaviour through two-step prohibitions such as the Anti-Social Behaviour Order (ASBO). The UK government has recently proposed to abolish and replace the ASBO; however, the proposed new orders would retain many of its most controversial features. The paper begins by criticising the definition of anti-social behaviour employed in both the current legislation and the new proposals. This definition is objectionable because it makes criminalisation contingent upon the irrational judgements of (putative) victims, and (...) its often modest preventive benefits come at a high cost to citizens’ liberty and autonomy. The paper then goes on to propose a new definition of anti-social behaviour that would meet these objections: that is, as a course of conduct that causes others to experience serious and justifiable anxiety about the safety of their local community. Whilst this definition identifies a serious form of wrongdoing, its precise scope is inevitably uncertain. The paper thus concludes that we have good reason to use two-step prohibitions such as the ASBO to regulate such conduct, so as to enable the use of the criminal law against it whilst minimising possible concerns of legality arising from the proposed definition’s uncertain scope. (shrink)

Este artículo trata sobre la doctrina suareciana de la ley natural. Los estudiosos contemporáneos suelen presentar a Suárez como el responsable del vuelco hacia una comprensión fisicalista del derecho en donde la razón práctica se limita a descubrir el conjunto de mandatos que envuelven las inclinaciones naturales. En contra de esa interpretación, el presente trabajo intenta mostrar que Suárez de ende una comprensión racional-práctica del derecho natural en línea con la tradición medieval y tomista de la ley natural.

The nature of critical thinking remains controversial. Some recent accounts have lost sight of its roots in the history of philosophy. This article discusses critical thinking in its historical and social contexts, and in particular, for its educational and political significance. The writings of Plato and Aristotle are still vital in considering what makes certain kinds of thinking and certain kinds of knowledge distinctive. But neither Plato nor Aristotle theorised critical thinking in its specificity, that is, by differentiating it from (...) other kinds of thinking and by outlining its features. It was only with German Idealism, as part of the European Enlightenment, that philosophy achieved a level of self-reflection and engagement that broadened, deepened and made radical the logos of Socrates and Plato. In the encounter between Modern German and Ancient Greek philosophy we can see that there are different kinds of reason, the most politically and existentially significant of which runs through critical thinking, which we can only ever experience as critical dialogue. The logos of dialectical reason is uncompromising in its pursuit of truth and ‘the good life’, and as such, demands courage from those who pursue it. (shrink)

This article provides a critical analysis of ‘the legal’ in the legal determinants of health, with reference to the Lancet–O’Neill report on that topic. The analysis shows how law is framed as a fluid and porous concept, with legal measures and instruments being conceived as sociopolitical phenomena. I argue that the way that laws are grounded practically as part of a broader concept of politics and evaluated normatively for their instrumental value has important implications for the study of law itself. (...) This, in turn, has implications for how we approach the transdisciplinary ambitions that form a key part of the report’s recommendations to enhance law’s capacity to promote better, more equitable population health at local, national, international and global levels. (shrink)

Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is (...) a serious challenge to positivism has only grown in prominence. Our main aim is to establish that Hume’s Law is not a threat to positivism or naturalism. First, we connect extensive, but unfortunately siloed, discussions of this issue. Second, we show that Hume’s Law is not a serious threat to naturalism or positivism, for the gap between logic and such theses is very hard to bridge in a way that would make Hume’s Law able to bear this significance. Finally, we emphasize an implication of our discussion: it undermines one of the main “dialectical tributaries” in jurisprudence (Toh 2018). (shrink)

The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is (...) played by social facts within positivist accounts of law. Then, I present a more adequate and insightful formulation capable of solving their problems, which crucially relies on a robust notion of a social enabler. Finally, I model inclusive and exclusive positivism on the resulting template, and set out the advantages of the ground-enablers proposal. (shrink)