Argues that truth, moral right, political right, and aesthetic value may be understood as arising out of a naturalist account of humanity, if naturalism is rightly conceived.

In folk psychology and some academic psychology, utilitarian thinking is associated with coldness and deontological thinking is associated with emotion. I suggest, mostly through personal examples, that these associations are far from perfect. Utilitarians experience emotions, which sometimes derive from, and sometimes cause or reinforce, their moral judgments.

The Clarke/Rowe version of the Cosmological Argument is sound only if the Principle of Sufficient Reason is true, but many philosophers, including Rowe, think that there is not adequate evidence for the principle of sufficient reason. I argue that there may be indirect evidence for PSR on the grounds that if we do not accept it, we lose our best justification for an important principle of metaethics, namely, the Principle of Universalizability. To show this, I argue that all the other (...) justifications of the Principle of Universalizability on offer, including Richard Hare's, are inadequate. (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)

What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competing theories, moral philosophers traditionally gather data (...) from thought experiments and intuition. In this chapter, we supplement that traditional approach with a pair of experimental studies that examine whether the three theories reflect laypeople’s intuitions about well-being. The empirical studies yield two primary findings. First, they provide evidence for lay "well-being pluralism": laypeople treat desire satisfaction, positive objective conditions, and happiness as all constitutive of well-being. Second, the studies provide evidence of "hedonic dominance": laypeople evaluate an individual’s happiness as more important to an individual’s overall well-being than desire satisfaction or objective conditions. (shrink)

In their recently published book Nudge (2008) Richard H. Thaler and Cass R. Sunstein (T&S) defend a position labelled as ‘libertarian paternalism’. Their thinking appeals to both the right and the left of the political spectrum, as evidenced by the bedfellows they keep on either side of the Atlantic. In the US, they have advised Barack Obama, while, in the UK, they were welcomed with open arms by the David Cameron's camp (Chakrabortty 2008). I will consider the following questions. What (...) is Nudge? How is it different from social advertisement? Does Nudge induce genuine preference change? Does Nudge build moral character? Is there a moral difference between the use of Nudge as opposed to subliminal images to reach policy objectives? And what are the moral constraints on Nudge? (shrink)

This chapter suggests a scheme of reconstruction, which explains how scenarios, questions and arguments figure in thought experiments. It then develops a typology of ethical thought experiments according to their function, which can be epistemic, illustrative, rhetorical, heuristic or theory-internal. Epistemic functions of supporting or refuting ethical claims rely on metaethical assumptions, for example, an epistemological background of reflective equilibrium. In this context, thought experiments may involve intuitive as well as explicitly argued judgements; they can be used to generate moral (...) commitments, to explore consequences of moral theories, and to show inconsistencies within or between moral commitments and moral theory; but the results of thought experiments by themselves do not settle what is epistemically justified and may also be rejected. Finally, some prominent challenges are discussed: do unrealistic scenarios undermine epistemic thought experiments? Are ethical thought experiments misleading? Do they rely on weak analogies? Are there specifically moral objections to ethical thought experiments? (shrink)

The insistence of utilitarian philosophers on the moral relevance of the fact that animals can suffer has made utilitarian moral thinking central to debates on animal ethics at least since Jeremy B...

In this book some options concerning the greenhouse effect are assessed from a welfarist point of view: business as usual, stabilization of greenhouse gas emissions and reduction by 25% and by 60%. Up to today only economic analyses of such options are available, which monetize welfare losses. Because this is found to be wanting from a moral point of view, the present study welfarizes (among others) monetary losses on the basis of a hedonistic utilitarianism and other, justice incorporating, welfare ethics. (...) For these welfarist evaluations information about the social consequences of the four options are collected from the literature and eventually corrected; then the consequences for individual well-being are assessed based on psychological research about well-being dependent on the social situation of the individual; finally the aggregation formulas of the respective welfare ethics are applied to these data. Assessments by other types of ethics, e.g. Kantian ethic, are included. The strongest abatement option is found to be optimum with great unanimity. - In addition a cost-welfare analysis of greenhouse gas abatement is undertaken revealing efficient cost-welfare ratios for these measures and the most efficient ratio for the strongest option. - A final, more theoretical part discusses the moral obligations following from such evaluations. The notion of 'moral obligation' is explained in a way that, apart from moral goodness of the required act, reinforcement by formal or informal sanctions is another necessary condition for moral obligations. This leads to a conception of a historical morality according to which the demands of morality rise in the long run. Applying this conception to the greenhouse effect implies that presently we have the moral duty to raise the standards of greenhouse gas abatement as much as is politically feasible. (shrink)

The paper begins with a retrospective of the debates on the origin of life: the virus or the cell? The virus needs a cell for replication, instead the cell is a more evolved form on the evolutionary scale of life. In addition, the study of viruses raises pressing conceptual and philosophical questions about their nature, their classification, and their place in the biological world. The subject of pandemics is approached starting from the existentialism of Albert Camus and Sartre, the replacement (...) of the exclusion ritual with the disciplinary mechanism of Michel Foucault, and about the Gaia hypothesis, developed by James Lovelock and supported in the current pandemic by Bruno Latour. The social dimensions of pandemics, their connection to global warming, which has led to an increase in infectious diseases, and the deforestation of large areas, which have caused viruses to migrate from their native area (their "reservoir") are highlighted below. The ethics of pandemics is approached from several philosophical points of view, of which the most important in a crisis of such global dimensions is utilitarianism which involves maximizing benefits for society in direct conflict with the usual (Kantian) view of respect for people as individuals. After a retrospective of the COVID-19 virus that caused the current pandemic, its life cycle and its history, with an emphasis on the philosophy of death, the concept of biopower initially developed by Foucault is discussed, with reference to the practice of modern states of control of the populations and the debate generated by Giorgio Agamben who states that what is manifested in this pandemic is the growing tendency to use the state of emergency as a normal paradigm of government. An interesting and much debated approach is the one generated by the works of Slavoj Žižek, who states that the current pandemic has led to the bankruptcy of the current "barbaric" capitalism, wondering if the path that humanity will take is a neo-communism. Another important negative effect is desocialization, with the conclusion of some philosophers that we cannot exist independently of our relationships with others, that a person's humanity depends on the humanity of those around him. The last section is dedicated to forecasting what the world will look like after the pandemic, and there are already signs of a paradigm shift, including the sudden disappearance of the "wall" ideology: a cough was enough to make it suddenly impossible to avoid the responsibility that every individual has it towards all living beings for the simple fact that he is part of this world, and of the desire to be part of it. The whole is always involved in part, because everything is, in a sense, in everything and in nature there are no autonomous regions that are an exception. The COVID-19 pandemic seems to restore the supremacy that once belonged to politics. One of the virtues of the virus is its ability to generate a more sober idea of ​​freedom: to be free means to do what needs to be done in a specific situation. -/- CONTENTS: -/- Abstract Introduction 1 Viruses 1.1 Ontology 2 Pandemics 2.1 Social dimensions 2.2 Ethics 3 COVID-19 3.1 Biopolitics 3.2 Neocommunism 3.3 Desocialising 4 Forecasting Bibliography -/- DOI: 10.13140/RG.2.2.31039.74405/1. (shrink)

Human emotional expressions can communicate the emotional state of the expresser, but they can also communicate appeals to perceivers. For example, sadness expressions such as crying request perceivers to aid and support, and anger expressions such as shouting urge perceivers to back off. Some contemporary artificial intelligence (AI) systems can mimic human emotional expressions in a (more or less) realistic way, and they are progressively being integrated into our daily lives. How should we respond to them? Do we have reasons (...) to reply to the appeals made by AI emotional expressions? In this paper, we examine the conditions under which AI emotional expressions could give us prudential or even moral reasons to change our behavior. We argue that these conditions do not depend on whether the emotional expression is genuine or not, but rather on the presence of features some of which can be implemented in emotive AI given our current level of technological development. We extract recommendations and warnings for the development of emotive AI. (shrink)

This article aims to develop a Lacanian approach to bioethics. Point of departure is the fact that both psychoanalysis and bioethics are practices of language, combining diagnostics with therapy. Subsequently, I will point out how Lacanian linguistics may help us to elucidate the dynamics of both psychoanalytical and bioethical discourse, using the movie One flew over the Cuckoo’s Nest and Sophocles’ tragedy Antigone as key examples. Next, I will explain the ‘topology’ of the bioethical landscape with the help of Lacan’s (...) three dimensions: the imaginary, the symbolical and the real. This will culminate in an assessment of the dynamics of bioethical discourse with the help of Lacan’s theorem of the four discourses. Bioethics, I will argue, is not a homogeneous discourse. Rather, four modalities of bioethical discourse can be distinguished, all of them displaying specific weaknesses and strengths, opportunities and threats. This will be elucidated with the help of two case studies, namely the debates on human reproductive technologies and on the use of animals as biomedical research models. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

I attempt to identify a problem running through the foundation of R. M. Hare’s ethical prescriptivism and the more recent sentimentalism/ethical expressivism of Simon Blackburn. The non-cognitivism to which Hare and Blackburn’s approaches are committed renders them unable to establish stable contents for basic moral principles and, thus, incapable of conducting a logical analysis of moral terms or statements. I argue that objective-descriptive- natural ethical theories are in a much better position to provide a satisfying account of the logical analysis (...) of moral terms or statements. Such ethical theories can arrive at basic moral principles with stable contents, thus paving the way for the kind of descriptive approach that can accommodate stable truth conditions. This, in turn, provides stable grounds for the logical analysis of moral terms and statements. (shrink)

Feminist discussions of ethics in the Western philosophical tradition range from critiques of the substance of dominant moral theories to critiques of the very practice of "doing ethics" itself. I argue that these critiques really target a certain historically specific model of ethics and moral theory-a "theoretical-juridical" one. I outline an "expressive-collaborative" conception of morality and ethics that could be a politically self-conscious and reflexively critical alternative.

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals' concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

Moral dilemmas have long been debated in moral philosophy without reaching a definitive consensus. The majority of value pluralists attribute their origin to the incommensurability of moral values, i.e. the statement that, since moral values are many and different in nature, they may conflict and cannot be compared. Neuroscientific studies on the neural common currency show that the comparison between allegedly incompatible alternatives is a practical possibility, namely it is the basis of the way in which the agent evaluates choice (...) options. Indeed, both in economic and moral decision-making, the value of options is represented and directly compared in the ventromedial prefrontal cortex. Therefore, we contend that moral dilemmas do not originate from value incommensurability and, on the basis of the neuroscientific discoveries on the neural currency, we derive the implications for the philosophical debate on moral dilemmas. We also provide a possible connection between the experience of moral dilemmas and their neural representation: one of the causes of the individual’s indecision is the neural tie, i.e. the condition in which two options have the same value at neural level, and her regret could be due to the motivational force of the rejected option that is still signalled by affective processes in the brain. We apply this interpretation and the common currency hypothesis to vocational decisions and propose that, although from the agent’s perspective the options are qualitatively different, they may be nevertheless equivalent at neural level. This can be seen as a reason for downgrading the importance commonly attributed to the risk of making the “wrong choice”. (shrink)

This essay focuses on the value of self-doubt in moral inquiry and in moral education. Using John Patrick Shanley’s play, Doubt: A parable, as illustration, it shows how self-doubt initiates and extends moral inquiry, highlights one’s epistemic fallibility and connects the inquirer to the virtue of humility. The essay draws on the work of Charles Sanders Peirce, Hullett, Nussbaum, Thayer-Bacon and Elbow to support the idea that the question ‘Am I wrong?’ is important for moral inquiry and for moral education.

Many philosophers believe that the extensions of evaluative terms and concepts aren’t unified under non-evaluative similarity relations and that this “shapelessness thesis” (ST) has significant metaethical implications regarding non-cognitivism, ethical naturalism, moral particularism, thick concepts and more. ST is typically offered as an explanation of why evaluative classifications appear to “outrun” classifications specifiable in independently intelligible non-evaluative terms. This paper argues that both ST and the outrunning point used to motivate it can be explained on the basis of more general (...) factors that have nothing in particular to do with being evaluative. If so, there is no reason to expect ST to carry the sorts of metaethical implications that get attributed to it. I also show that my main argument is robust across certain complications that are raised by the context-sensitivity of many evaluative terms but have so far been ignored in discussions of ST and related matters. (shrink)

R.M. Hare’s two-level utilitarianism provides a useful framework for understanding the evolution of codes of professional ethics. From a Harean perspective, the codes reflect both the fact that members of various professions face special kinds of ethically charged situations in the normal course of their work, and the need for people in special roles to acquire various habits of thought and action. This highlights the role of virtue in professional ethics and provides guidance to professional societies when considering modifications to (...) their codes. From a Harean perspective, a professional society should ask both “Are there kinds of situations that members of this profession will normally encounter which members of other professions and/or the general public will not?” and “What habits of thought and action would it be good for individuals encountering such situations to have?”. (shrink)

It has been suggested that, in addition to individual level decision-making, informed consent procedures could be used in collective decision-making too. One of the main criticisms directed at this suggestion concerns decision-making power. It is maintained that consent is a veto power concept and that, as such, it is not appropriate for collective decision-making. This paper examines this objection to collective informed consent. It argues that veto power informed consent can have some uses in the collective level and that when (...) it is not appropriate the decision power a concerned party ought to have in connection with an arrangement should be made relative to the interest she has at stake in it. It concludes that the objection examined does not undermine collective informed consent. (shrink)

The moral status of business bluffing is a controversial issue. On the one hand, bluffing would seem to be relevantly similar to lying and deception. Because of this, business bluffing can be taken to be an activity that is at least prima facie morally condemnable. On the other hand, it has often been claimed that in business bluffing is part of the game and that therefore there is nothing morally questionable in business bluffing. In a recent issue of this journal, (...) Fritz Allhoff puts forward a novel defence of business bluffing. In this article, I will examine Allhoff’s arguments for the moral acceptability of business bluffing and argue that they are implausible. (shrink)

The aim of this article is to review the recent popularity of casuistry as a model of moral inquiry. I argue that proponents of casuistry do not endorse the particularist epistemology that seems to be implied by their position, and that this is why casuistry does not seem to present something really new in comparison to 'top-down' generalist approaches. I contend that casuistry should develop itself as a (moderately) particularist position and that the challenge for the defender of casuistry is (...) to come up with ideas that strengthen the ('intuitionist') model of rationality that underlies most forms of particularism. (shrink)

We discuss the demandingness of Kant’s ethics. Whilst previous discussions of this issue focused on imperfect duties, our first aim is to show that Kantian demandingness is especially salient in the class of perfect duties. Our second aim is to introduce a fine-grained picture of demandingness by distinguishing between different possible components of a moral theory which can lead to demandingness: a required process of decision making, overridingness and the stringent content of demands, due to a standpoint of moral purity. (...) This distinction allows a specification of the sources of demandingness in Kant. The most characteristically Kantian form of demandingness springs from overridingness and purity and comes as a constant threat that an agent might find herself in a situation in which, due to no fault of her own, she is required to sacrifice everything for little to no non-moral goods. Our third aim is to discuss whether Kant has the resources to reply to those who criticize his ethics based on its demandingness. For this purpose we discuss Kant’s notion of “rationalizing” in the context of various types of current conceptions of demandingness and calls for moderate ethical theories. (shrink)

I take the debate between the particularists and the principlists to be centered on the issue of whether there are true moral principles. One argument the principlists often appeal to in support of their claim that there are true moral principles is the argument from supervenience. Roughly, the argument is made up of the following three statements: (P1) If the thesis of moral supervenience holds, then there are true moral principles. (P2) The thesis of moral supervenience holds. (C) There are (...) true moral principles, and hence particularism is false. In this paper, I argue that the above argument is not sound by attacking (P1). I hold that no general supervenient/resultance base has a robust enough configuration of contextual features as to ground the existence of true moral principles. If I am right about this, I think it would be indicative of a reason to be less confident about the truth of principlism and more confident about the truth of particularism. (shrink)

Frank Jackson, Michael Smith, and Philip Pettit contend in their 2000 paper that an argument from supervenience deals a fatal blow to shapeless moral particularism, the view that the moral is shapeless with respect to the natural. A decade has passed since the Canberrans advanced their highly influential supervenience argument. Yet, there has not been any compelling counter-argument against it, as far as I can see. My aim in this paper is to fill in this void and defend SMP against (...) the Canberrans’ supervenience argument. Such being the case, I will firstly re-construct the Canberrans’ supervenience argument in detail and push it as far as it can go. In fact, I will defend it against a number of existing objections respectively from Garfield, Dancy, and McDowell. Next, I will argue, however, that the supervenience argument, despite its initial plausibility, has one major pitfall: it hinges on an overly permissive conception of ‘shape’ such that it does not generate the right kind of moral principles the shapeless moral particularists are concerned to refute. I thus conclude that the seemingly scathing supervenience argument turns out to be toothless against SMP. Although this would not prove SMP to be right, for it might attract criticisms from other fronts, yet, until they come up, SMP, contrary to prevalent conceptions, remains alive and kicking. (shrink)

I explore the prospects of capturing and explaining, within a non-cognitivist framework, the enkratic principle of rationality, according to which rationality requires of N that, if N believes that she herself ought to perform an action, φ, N intends to φ. Capturing this principle involves making sense of both the possibility and irrationality of akrasia – of failing to intend in accordance with one’s ought thought. In the first section, I argue that the existing non-cognitivist treatments of enkrasia/akrasia by Allan (...) Gibbard and Michael Ridge are not satisfying. In the second section, I propose that non-cognitivists should perhaps say roughly the following: to think that one ought to φ is to prefer φ-ing to the alternative courses of action, or to have a stronger desire to φ than to choose any alternative action. I outline an account of the strength of desire, which allows for the possibility of intending to act against one’s strongest desires, and makes it intelligible why rationality would nevertheless require that one’s strongest desires and intentions be aligned. This would allow the non-cognitivist to explain how akrasia is both possible and irrational. In the last section, I briefly suggest that this leaves non-cognitivists in a nice position in comparison to at least some of the competition, when it comes to capturing enkrasia. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

: Drawing from work in feminist moral philosophy, Tobin argues that the most common methodology used in practical ethics is a questionable methodology for addressing practical problems across diverse cultural contexts because the kind of impartiality it requires is neither feasible nor desirable. She then defends an alternative methodology for practical ethics in a global context and uses her proposed methodology to evaluate a problem that confronts many Sunni Muslim women around the world.

Drawing from work in feminist moral philosophy, Tobin argues that the most common methodology used in practical ethics is a questionable methodology for addressing practical problems across diverse cultural contexts because the kind of impartiality it requires is neither feasible nor desirable. She then defends an alternative methodology for practical ethics in a global context and uses her proposed methodology to evaluate a problem that confronts many Sunni Muslim women around the world.

Drawing from work in feminist moral philosophy, Tobin argues that the most common methodology used in practical ethics is a questionable methodology for addressing practical problems across diverse cultural contexts because the kind of impartiality it requires is neither feasible nor desirable. She then defends an alternative methodology for practical ethics in a global context and uses her proposed methodology to evaluate a problem that confronts many Sunni Muslim women around the world.

Given terrorism and the rise of military 'peace' operations, I argue for a pragmatic approach to justice and war. My argument results in three amendments to the received view of the war and justice model. I claim that Rules of Engagement (ROE) concerning self-defense for deploying forces in counter-terrorism or peace operations should be at least consistent with self-defense ROE employed by law enforcement officials operating domestically. Policymakers in determining deployments in support of such operations must therefore deliberately decide, as (...) part of their own ad bellum procedure, whether or not military ROE will be consistent with such a law enforcement baseline. I also argue that peace and counter-terrorism operations require an explicit acknowledgment of both the commanders' moral responsibility for force protection and the military members' moral justification to defend themselves fully. The method I employ in making my case is a detailed analysis of moral principle operative within three US realms of law--US Constitutional law, international law, and ROE--and through a close consideration of several recent US military operations. (shrink)

Theological literacy is an important asset in the development of a comprehensive agricultural ethic and philosophy. Four areas are delimited in which theological reflection is relevant for agricultural study.

With respect to questions of fact, people use heuristics – mental short-cuts, or rules of thumb, that generally work well, but that also lead to systematic errors. People use moral heuristics too – moral short-cuts, or rules of thumb, that lead to mistaken and even absurd moral judgments. These judgments are highly relevant not only to morality, but to law and politics as well. Examples are given from a number of domains, including risk regulation, punishment, reproduction and sexuality, and the (...) act/omission distinction. In all of these contexts, rapid, intuitive judgments make a great deal of sense, but sometimes produce moral mistakes that are replicated in law and policy. One implication is that moral assessments ought not to be made by appealing to intuitions about exotic cases and problems; those intuitions are particularly unlikely to be reliable. Another implication is that some deeply held moral judgments are unsound if they are products of moral heuristics. The idea of error-prone heuristics is especially controversial in the moral domain, where agreement on the correct answer may be hard to elicit; but in many contexts, heuristics are at work and they do real damage. Moral framing effects, including those in the context of obligations to future generations, are also discussed. (shrink)

This paper defends a particular view of explaining reasonable disagreement: the Conceptual View. The Conceptual View is the idea that reasonable disagreements are caused by differences in the way reasonable people use concepts in a cognitive process to make moral and political judgements. But, that type of explanation is caught between either an explanatory weakness or an unparsimonious and potentially self-undermining theory of concepts. When faced with deep disagreements, theories on the Conceptual View either do not have the resources to (...) explain them, or can only explain them by committing to a completely new theory of concepts where all moral and political concepts are a unique type of concept. This paper shows how the Conceptual View can avoid this dilemma by adopting what I dub the ‘Metalinguistic Strategy’ for explaining reasonable disagreement. The Metalinguistic Strategy uses recent innovations in the philosophy of language on metalinguistic negotiation to explain reasonable disagreements whether they be ordinary or deep disagreements as genuine disagreements whilst maintaining our ordinary ideas about concepts. (shrink)

A recent New York Times/CBS poll shows that nearly 80 percent of respondents think the American “health care system is headed toward a crisis because of rising costs.” Indeed, the public has become well acquainted with ominous-looking graphs that detail the nation’s health care spending. The increasingly steep slope of the graph showing the percentage of gross domestic product spent on health care invites tongue-in-cheek projections for when health care spending will finally consume it all.High aggregate health care expenditures result (...) from the low prices individuals pay for coverage. On average, patients pay only five cents out-of-pocket for every dollar of hospital charges they generate. The remainder is paid by private or public health insurance. Patients pay slightly more for physicians’ services—nineteen cents on each dollar. For health care of all types, patients pay approximately twenty-four cents on each dollar. With individuals paying what amount to fire sale prices for health care, it should come as no surprise that they purchase a great deal of coverage. (shrink)

This paper attempts to square libertarian principles with the reality of formal education by asking how far we should and can allow people to do as they wish in educational settings. The major focus is on children in schools, as the concept ‘childhood’ ipso facto implies restrictions on doing as one wishes, and schools as institutions entail inevitable constraints. Children by definition tend to enjoy stronger protection rights but weaker liberty rights than adults. A local preferential calculus is developed as (...) a guide for teachers, suggesting wishes should be granted where feasible and at least welfare neutral. In the case of teachers, employers set the parameters for the feasibility criterion but should also ensure at least welfare neutrality, while students in adult and higher education should be responsible for the feasibility and welfare outcomes of their own choices. (shrink)

Ethicists of care have objected to traditional moral philosophy's reliance upon abstract universal principles. They claim that the use of abstraction renders traditional theories incapable of capturing morally relevant, particular features of situations. I argue that this objection sometimes conflates two different levels of moral thinking: the level of justification and the level of deliberation. Specifically, I claim that abstraction or attention to context at the level of justification does not entail, as some critics seem to think, a commitment to (...) abstraction or attention to context at the level of deliberation. It follows that critics who reject a theory's use of abstraction at the level of justification have not shown that the theory recommends abstraction at the level of deliberation and that it, therefore, compels the deliberating agent to overlook morally salient details. (shrink)

Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of the (...) nature of law. I argue that the Scandinavians differ from legal positivists in that they reject the idea that there are legal relations, that is, legal entities and properties, and to varying degrees defend the view that law is a matter of human behavior rather than legal norms, and that they do not and cannot accept the idea that there is a ‘world of the ought’ in Kelsen's sense. I also argue, more specifically, that the objection to non-naturalist theories raised by the Scandinavians—that there is and can be no connection between the higher realm of norms and values and the world of time and space—is convincing, and that Kelsen's introduction of a so-called modally indifferent substrate does nothing to undermine this objection. In addition, I argue that the Scandinavians can account for the existence of legal relations that do not presuppose the existence of morally binding legal norms by embracing conventionalism about the existence of the sources of law, while pointing out that in doing so they would also be abandoning their legal realism for legal positivism. Finally, I argue that the implications for legal scholarship of the realist emphasis on human behavior instead of legal norms is not well explained by the realists and appear to amount to little more than a preference for teleological interpretation of legal norms. (shrink)

The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term "evaluation" in a sense that is broad enough (...) to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and therefore his claim that judges must evaluate issues of law or fact in order to decide whether a case is false. (shrink)