The ‘reasonable person standard’ is often called on in difficult legal cases as the last resource to be appealed to when other solutions run out. Its complexity derives from the controversial tasks that people place on it. Two dialectics require some clarification: the objective/subjective interpretation of the standard and the ideal/ordinary person controversy. I shall move through these dialectics from the standpoint of an EV approach, assuming that on this interpretation the RPS can perform most persuasively its tasks. The all-round (...) model of phronetic agent that I present not only works better than competing models—such as the utilitarian–economic and the Rawlsian—in the law of tort but shows its best potentialities in other kinds of cases. In criminal law and matrimonial law cases the recourse to the EV approach offers through the virtues rich and substantial resources to evaluate conflictual cases. This approach makes the threshold of evaluation much closer to real life than competitors. (shrink)

This article contributes to philosophical reflections on public health law by drawing on virtue jurisprudence, which rests on the straightforward observation that a political community and its laws will inevitably shape the character of its officials and subjects, and that an excellent character is indispensable to fulfilment. Thus, the law is properly set to encourage virtue and discourage vice. This opens a new perspective onto the ultimate purpose of public health law that is human flourishing. The means of pursuing this (...) end is to entrust public health powers to officials to virtuously serve the common good, of which population health is one of its most important constituents, within the bounds of the law of the land. This article calls for the adoption of a Prudent Public Health Official standard into the law, in order to cultivate prudent, just, courageous and temperate characters in officialdom. Interestingly, this standard already chimes with certain pre-existing core principles of public health judicial doctrine in the USA, the European Union and the UK. (shrink)

Meu objetivo central nesse artigo é procurar refletir sobre uma concepção específica de responsabilidade moral que pode ser derivada de uma ética das virtudes que tem como foco central da avaliação moral os traços de caráter do agente. Para tal, eu ressaltarei inicialmente algumas características centrais do modelo da ética das virtudes em contraposição aos modelos deontológico e consequencialista. Posteriormente, ressaltarei o aspecto internalista da ética das virtudes, com destaque para as características de motivação e deliberação. Por fim, identificarei e (...) problematizarei sobre um tipo de responsabilidade moral abrangente que estaria pressuposta nesse modelo ético. (shrink)

Just how care moves us is the subject of Katherine Gardiner’s thesis. Gardiner wants to know how care moves us – or in philosophical terms, how it motivates us. She describes caring as a morally ‘necessary’ activity, which means that we cannot escape responding to the care appeal. However, Gardiner uses the example of ‘Pim’, who cannot care and feels really bad about it - not because he is incapable of caring, but who just can’t. She reviews several versions of (...) care ethics that might persuade him to care, containing concepts like ‘engrossment’, ‘responsibility’, ‘solidarity’, ‘virtue’ and ‘reason’. According to Gardiner, none will do, because they are not compelling enough. She concludes that we need to understand how morality has effect, how it works. Christine Korsgaard’s concept of ‘normativity’ does just this. Korsgaard makes necessary links between making moral decisions and having an identity and being human and argues that acting contrary to any of these will make one “feel worse than death”. Caring for and about others is an important human activity and for some people is a crucial part of their practical identity. Without Korsgaard, we would have to reject Pim as a moral deviant (someone insensible to moral reason); with Korsgaard we can understand Pim’s pain, according to Gardiner. (shrink)