Central to the debate on the moral relevance of shame is whether we take others’ assessments of our moral shortcomings seriously. Some argue that viewing shame as a social emotion undermines the moral standing of shame; for a moral agent, what is authoritative are his own moral values, not the mere disapproval of others. Adam Smith's framework sheds some light on the contemporary debates in philosophy on the moral value of shame. Shame is mostly a social emotion but has moral (...) value for Smith. This is because we desire sympathy and share an ongoing social practice of morality with others. Smith developed the underpinnings of an account for a sympathetic basis of shame. An agent is evaluated through the sympathetic process to determine whether he/she has lived up to shared norms and morality. Shame emerges from the understanding that we ought not to be favorably thought of by others, the impartial spectator, or by our own conscience. We want to avoid shame for two reasons: first, we want to receive praise which gives pleasure, blame and blameworthiness operate by giving pain. Secondly, we are pleased with the sympathy of others. According to Smith, shame is a very painful emotion. Given our dread of pain and love of pleasure, we are motivated to be not blamed or blameworthy. We want to be favorably thought of so as not to be, or feel, shamed. Our dread of blameworthiness and our desire for sympathy motivates us to be a person who acts according to the norms and morality of society. Shame has a moral value both as a social emotion and when it arises from our conscience; however, Smith was also aware that there are limits to shame as a moral value, which arises from misjudgments of spectators. (shrink)

The fractious but potentially fruitful dialogue between legal history and legal theory has been the subject of much recent scholarly attention. Despite this, instances of meaningful engagement over the role of history in legal theorising remain scarce. This is particularly true in respect of normative theorising—the difficult but crucial tasks of critiquing and reforming law—where history is frequently considered to play a relativising role that threatens to destabilise strong evaluation. In this article, I argue that in order to advance the (...) dialogue it is essential to look beyond disciplinary differences and instead focus on the divide between immanence and transcendence, which arises within and also between legal history and legal theory. Reorienting our attention in this way discloses important sources of dissonance but also points towards significant opportunities for cooperation; it is therefore an essential first step in the pursuit of meaningful dialogue, either critical or collaborative. (shrink)

It is argued that, in reworking the sentimentalist tradition of Hutcheson and Hume, Smith endeavours to tackle some of its main problems, i.e. the weakness of the foundation it provides for moral duty and its possible reduction of moral beliefs to subjective feelings. Smith addresses these problems by recovering, through his doctrine of the impartial spectator, the traditional notion of conscience, which had been given a secondary role by Hutcheson and had been entirely dropped by Hume. It is argued that, (...) in so doing, Smith reconnects to Butler’s reflection on the authority of conscience. However, Smith offers an original account of the genesis of conscience, and of its normative power, and insists much more on the role of general norms of justice. (shrink)

Amartya Sen has argued that contractarian theories of justice inevitably fall victim to the problem of parochialism, for the reason that they rely on a problematically narrow conception of impartiality. Sen finds a corrective model of impartiality in Adam Smith’s figure of the impartial spectator. In this essay, I argue that Sen’s invocation of the spectator to resolve the problem of parochialism is unfounded, as the impartial spectator is fundamentally a product of socialization that serves to propagate conventional moral norms. (...) I consider various interpretive avenues for “rescuing” the spectator from parochialism, and ultimately conclude that a minor amendment to Smith’s account, resting on the possibility of a conscience informed by moral pluralism, is required. (shrink)

Here is an appealing position: one reason to pursue interaction with people from backgrounds that differ from our own is that doing so can improve our moral judgment. As some scholars have noticed, this position seems pedigreed by support from the famed philosophers of human sociability, David Hume and Adam Smith. But regardless of whether Hume or Smith personally held anything like the appealing position, neither might have had theoretically grounded reason to do so. In fact, both philosophers explain moral (...) judgment in ways that seem to present obstacles to the acceptance of the appealing position. This paper entertains the possibility that either of their moral theories contains resources to overcome these obstacles and implies the appealing position. I argue that Smith's theory does so more straightforwardly than Hume's does. This difference, I also argue, reveals something important about the Hume-Smith philosophical relationship. I close by sketching a way to fit the source of the appealing position in Smith's moral psychology with his focus on the desire for mutual sympathy. (shrink)

After introducing some of the many issues raised by intergenerational justice, the paper will focus in particular on the motivational problem: Why should we be motivated to act in favor of others when sacrifices on our behalf are required? And more specifically, how can such sacrifices be justified when those we act for are neither born nor easily unidentifiable? While many accounts of moral motivation exist, most scholars will grant that emotional engagement is a strong motivational drive. Hence, the paper (...) will focus on such a drive. I will, first, argue that immediate emotions and empathy – understood uniquely as a form of emotional attunement – are insufficient to grant that the acts they motivate are morally acceptable. The case of future generations is a perfect example of such insufficiency. Second, I will discuss the possibility of regulated emotions and sympathy playing such a role. In fact, by regulating and educating emotions, a conscious or “rational” component is added, which could help avoid the biases and limitations immediate affective phenomena show. Such a “rational” component would also enable us to provide a criterion to distinguish cases in which emotions drive us in morally acceptable or unacceptable directions. In the second part of the paper, the sentimentalist tradition will be reconsidered, with particular attention to Adam Smith’s moral proposal – since the sympathetic engagement of an impartial spectator could be an excellent example of a regulated and educated emotional attunement of the kind required to deal with some of the many moral issues future generations raise and, in particular, with the motivational problem itself. (shrink)

RESUMEN: En su Teoría de los Sentimientos Morales Adam Smith propone una ética que concilia dos paradigmas habitualmente considerados como incompatibles: una ética de virtudes, con normas orientativas e ideales de excelencia, y una ética con reglas universales que se aplican en todos los casos sin excepción. Smith lo hace cambiando el punto de vista desde el que se realiza el juicio moral, a una perspectiva que llamaré "simpatético-imparcial", y que corresponde a "los sentimientos simpatéticos de un espectador imparcial y (...) bien informado". Este novedoso punto de vista le permite introducir características modernas a la ética clásica de la virtud para dar una nueva justificación a las virtudes positivas, así como cambiar el modo de entender las "reglas o principios universales". De este modo, Smith construye una ética capaz de dar cuenta, dentro del mismo marco teórico, tanto de los ideales de excelencia propios de la virtud, como de los imperativos universales modernos. ABSTRACT: In his Theory of Moral Sentiments, Adam Smith reconciles two moral paradigms that are usually considered incompatible: an ethics of virtue, with general guidelines and ideals of excellence, and an ethics with universal rules, which must be applied to all cases without exceptions. Smith makes this possible by shifting the perspective from which moral judgments are assessed to what I call the 'sympathetic-impartial' perspective, which stands for "the sympathetic feelings of an impartial and well-informed spectator". From this new standpoint, Smith is able to introduce some modern features into classic virtue ethics and provide a different justification for positive virtues, as well as to change the way 'universal norms or principles' are understood. Accordingly, Smith's theory accounts simultaneously, and within the same theoretical framework, for both ancient-like virtues and their ideals of excellence and for modern-like universal imperatives. (shrink)

Cappelen and Dever have recently defended the view that indexicals are not essential: They do not signify anything philosophically deep and we do not need indexicals for any important philosophical work. This paper contests their view from the point of view of an account of intentional agency. It argues that we need indexicals essentially when accounting for what it is do something intentionally and, as a consequence, intentional action, and defends a view of intentional action as a possible conclusion of (...) practical reasoning where the indexical is essential for the content of such a conclusion. (shrink)

We read Adam Smith's Theory of Moral Sentiments as a critical response to David Hume's moral theory. While both share a commitment to moral sentimentalism, they propose different ways of meeting its main challenge, that is, explaining how judgments informed by (partial) sentiments can nevertheless have a justified claim to general authority. This difference is particularly manifest in their respective accounts of ‘moral optics’, or the way they rely on the analogy between perceptual and moral judgments. According to Hume, making (...) perceptual and moral judgments requires focusing on frequently co-occurring impressions (perceptions of objects or reactive sentiments) for tracking an existing object with its perceptual properties or an agent's character traits. Smith uses visual perception for the purpose of illustrating one source of the partiality of the sentiments people feel in response to actions. Before making a moral judgment, people have to disregard this partiality and accept that they are all equally important. Smith and Hume's different ways of relying on the same analogy reveals the still-overlooked and yet profound differences between their moral theories. (shrink)