When Hegel first addresses moral responsibility in the Philosophy of Right, he presupposes that agents are only responsible for what they intended to do, but appears to offer little, if any, justification for this assumption. In this essay, I claim that the first part of the Philosophy of Right, “Abstract Right”, contains an implicit argument that legal or external responsibility (blame for what we have done) is conceptually dependent on moral responsibility proper (blame for what we have intended). This overlooked (...) argument satisfies the first half of a thesis Hegel applies to action in the Encyclopaedia Logic, namely, that the outer must be inner, and thus provides a necessary complement for his more explicit treatment of the second half of that thesis, that the inner must be outer. The claim that agents are only responsible for what they intended to do might appear, at first, to risk conflating legal and moral responsibility and to lack the necessary means to deal with the phenomenon of moral luck, but I argue that if it is properly situated within the whole of Hegel's philosophy of action it can be saved from both of these consequences and so take its place as an essential component of Hegel's full theory of moral responsibility. (shrink)

Jewish ethics like Judaism itself has often been charged with being "particularistic," and in modernity it has been unfavorably compared with the universality of secular ethics. This charge has become acute philosophically when the comparison is made with the ethics of Kant. However, at this level, much of the ethical rejection of Jewish particularism, especially its being beholden to a God who is above the universe to whom this God prescribes moral norms and judges according to them, is also a (...) rejection of Christian (or any other monotheistic) ethics, no matter how otherwise universal. Yet this essay argues that Jewish ethics that prescribes norms for all humans, and that is knowable by all humans, actually constitutes a wider moral universe than does Kantian ethics, because it can include non-rational human objects and even non-human objects altogether. This essay also argues that a totally egalitarian moral universe, encompassing all human relations, becomes an infinite, totalizing universe, which can easily become the ideological justification (ratio essendi) of a totalitarian regime. (shrink)

Intrinsic value has traditionally been thought to lie at the heart of ethics. Philosophers use a number of terms to refer to such value. The intrinsic value of something is said to be the value that that thing has “in itself,” or “for its own sake,” or “as such,” or “in its own right.” Extrinsic value is value that is not intrinsic.

Rationality and reasonableness are often sharply distinguished from one another and are even held to be in conflict. On this construal, rationality consists in means-end calculation of the most efficient means to one's ends (which are usually taken to be self-interested), while reasonableness consists in equitableness whereby one respects the rights of other persons as well as oneself. To deal with this conflict, it is noted that both rationality and reasonableness are based on reason, which is analyzed as the power (...) of attaining truth, and especially necessary truth. It is then shown that, by the rationality involved in reason, the moral principle of reasonableness, the Principle of Generic Consistency (PGC), has a stringently rational justification in that to deny or violate it is to incur self-contradiction. Objections are considered bearing on relevance and motivation. It is concluded that, where reasonableness and egoistic rationality conflict, the former is rationally superior. (shrink)

This article proposes a new theory of rational decision, distinct from both causal decision theory (CDT) and evidential decision theory (EDT). First, some intuitive counterexamples to CDT and EDT are presented. Then the motivation for the new theory is given: the correct theory of rational decision will resemble CDT in that it will not be sensitive to any comparisons of absolute levels of value across different states of nature, but only to comparisons of the differences in value between the available (...) options within states of nature; however, the correct theory will also resemble EDT in that it will rely on conditional probabilities (not unconditional probabilities). The new theory gives a prominent role to the notion of a “benchmark” for each state of nature, by comparison with which the value of the available options in that state of nature are measured, and so it has been called the Benchmark Theory (BT). It is argued that BT gives the right verdict on the cases that seem to be counterexamples to CDT and EDT. Finally, some objections to BT are considered and answered. (shrink)

The primary aim of this paper is to accentuate those features that distinguish Levinasian ethics from the egoism that prevails in management thought. It focuses on differences in the constitution of the subject, how Levinas seeks an ethics that goes beyond the subjective point of view that structures the self as being self-present, self-interested, free and systematic and relates to others through this perspective. Levinas's concepts are critically discussed by reading these alongside Jacques Lacan and Adam Smith, which enable observations (...) to be made about Levinas's concept of the Same and about the difference he effects between human and the nonhuman. It is concluded that it can be easy to misread Levinas in key respects in ways that may act to assimilate his thought to egoism. (shrink)

The relationship between adults and children in liberal democracies is based on two flawed assumptions that are widespread: first, that childhood is an impediment, a passing phase of impaired maturity; and second, that children benefit from the proliferation of rights ascribed to them. Social institutions, and particularly the education system, are correspondingly misconstrued. This article focuses on the combined effect of vulnerability and autonomy as they construct contemporary childhood. I conclude that adults' obligations rather than children's rights are the appropriate (...) social, political and educational basis for adult society's relations with children. (shrink)

This paper discusses an "expressive constraint" on accounts of thought and language which requires that when a speaker expresses a belief by sincerely uttering a sentence, the utterance and the belief have the same content. It will be argued that this constraint should be viewed as expressing a conceptual connection between thought and language rather than a mere empirical generalization about the two. However, the most obvious accounts of the relation between thought and language compatible with the constraint (giving an (...) independent account of one of either linguistic meaning or thought content and understanding the other in terms of it) both face serious difficulties. Because of this, the following will suggest an alternative picture of the relation between thought and language that remains compatible with the constraint. (shrink)

What psychological and philosophical significance should we attach to recent efforts at computer simulations of human cognitive capacities? In answering this question, I find it useful to distinguish what I will call "strong" AI from "weak" or "cautious" AI. According to weak AI, the principal value of the computer in the study of the mind is that it gives us a very powerful tool. For example, it enables us to formulate and test hypotheses in a more rigorous and precise fashion. (...) But according to strong AI, the computer is not merely a tool in the study of the mind; rather, the appropriately programmed computer really is a mind, in the sense that computers given the right programs can be literally said to. (shrink)

Mental imagery (varieties of which are sometimes colloquially refered to as “visualizing,” “seeing in the mind's eye,” “hearing in the head,” “imagining the feel of,” etc.) is quasi-perceptual experience; it resembles perceptual experience, but occurs in the absence of the appropriate external stimuli. It is also generally understood to bear intentionality (i.e., mental images are always images of something or other), and thereby to function as a form of mental representation. Traditionally, visual mental imagery, the most discussed variety, was thought (...) to be caused by the presence of picturelike representations (mental images) in the mind, soul, or brain, but this is no longer universally accepted. (shrink)

In this paper I aim to provide a characterisation of emotional disorder. I begin by criticising the thought that an agent can be judged to be experiencing an emotional disorder if his emotion causes him some type of harm. This then leads me to develop the claim that emotional disorder relates to sufficiently inappropriate emotion, where (sufficiently) inappropriate emotion relates to emotion that fails to be (sufficiently) responsive to the agent's beliefs and/or desires. Finally, I conclude the paper by suggesting (...) that if an essentially non‐cognitivist conception of emotion is accepted then – on the characterisation of emotional disorder that I defend – there may exist strong grounds for thinking that cognitive therapy will be an inappropriate form of treatment in cases of emotional disorder.1. (shrink)

In this paper I argue that both defence and criticism of the claim that humans act ‘under the guise of the good’ neglects the metaphysical roots of the theory. I begin with an overview of the theory and its modern commentators, with critics noting the apparent possibility of acting against the good, and supporters claiming that such actions are instances of error. These debates reduce the ‘guise of the good’ to a claim about intention and moral action, and in so (...) doing have become divorced from the theory's roots in classical and medieval philosophy. Aristotle and Aquinas’ ‘guise of the good’ is primarily a metaphysical claim resting on the equivalence between actuality and goodness, from which conclusions about moral action are derived. I show the reasoning behind their theory and how it forms the basis for the claims about intention and action at the centre of the modern debate. Finally, I argue that the absence of its original foundation is apparent in recent attacks on the ‘guise of the good’. It is unsurprising that modern action theory and ethics have not always been able to comfortably accommodate the ‘guise of the good’; they are only telling half of the story. (shrink)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

A threat to women is obscured when we treat “abortion-as-evacuation” as equivalent to “abortion-as-killing.” This holds only if evacuating a fetus kills it. As technology advances, the equivalence will fail. Any feminist account of abortion that relies on the equivalence leaves moral room for women to be required to give up their fetuses to others when it fails. So an account of the justification of abortion-as-killing is needed that does not depend on the equivalence.

This article analyses supplier–buyer relationships where the suppliers adapt to the buyers’ needs and expectations to gain mutual advantages. In some cases, such closely knit relationships lead to violations of the autonomy of one or both partners. A concept of corporate autonomy is developed to analyze this problem. Three different facets can be distinguished: rule autonomy, executive autonomy, and control autonomy. A case study of Mattel’s problems with lead-contaminated toys produced in China shows that the CA of buyer and supplier (...) can be restricted as a result of a dysfunctional partnership involving a moral dilemma. (shrink)

In justifying punishment we sometimes appeal to the idea that the punished offender has, by his criminal action against others, forfeited his moral right (and therefore his legal right) against hard treatment by the state. The imposition of suffering, or deprivation of liberty, loses its prima facie morally objectionable character, and becomes morally permissible. Philosophers interrogating the forfeited right theory generally focus on whether the forfeiting of the right constitutes a necessary or a sufficient condition for punishment to be permissible; (...) rarely do they ask whether the idea of a right that can be forfeited is itself morally illuminating. The paper examines and criticizes various versions of this theory. It concludes that the forfeited right arguments add little other than rhetorical dignity to the existing repertoire of justifications for punishment. They can be most usefully understood as communicating the thought that the offender cannot reasonably complain about the violation of rights he himself has violated. But the incapacitation of the offender’s reasonable complaint does not entail that we are justified in punishing him. (shrink)

The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and (...) coordinate information and incentives across diverse stages of complex production processes, governmental decision making often lacks a calculation mechanism comparable to market prices through which knowledge about societal needs and demands can be conveyed and may thus inevitably result in some forms of punitive disparity. (shrink)

Equal freedom is the common starting point for most contractual theories of justice from Hobbes and Rousseau to Rawls. But while equal freedom defines a common starting point for these theories, this does not result in a general consensus on the conception of justice. On the contrary, different ways of conceptualizing the contractual starting point leads to different conceptions of the demands of justice. To fully understand the relationship between equal freedom and justice we therefore first need to explicate how (...) and why the initial condition of equality is transformed into demands of justice. In this paper we discuss how this transformation takes place in the theories of Hobbes, Rousseau and Rawls, with particular emphasis on the vexed relationship between motivation and justification. (shrink)

One approach to moral economy wishes to show that it is rational to be moral. As rational morality has received little attention from economics, as opposed to political philosophy, this article examines it in an economics framework. Rational morality refers primarily to individual behaviour so that one may also speak of it as moral microeconomics. When a group of agents are disposed to constrain their maximisation, that behaviour may be considered rational. However, this relies on ‘moralised’ assumptions about individual behaviour. (...) Constrained maximisation may also rely on repeated interactions within social structures that then transmit information thus serving as enforcement mechanisms. In this way agents obtain knowledge of others’ past behaviour and choose their interlocutors accordingly. Thus, it pays to behave morally as it will attract similarly disposed agents to participate in cooperative ventures for mutual advantage. An analysis of rational morality on the individual level demonstrates how this.. (shrink)

The paper examines the realignment of the legal sources in an information society, by considering first of all the differences with the previous system of sources, dubbed as the “Westphalian model”. The current system is tripartite, rather than bipartite, for the sources of transnational law should be added to the traditional dichotomy between national and international law. In addition, the system is dualistic, rather than monistic, because the tools of legal constructivism, such as codes or statutes, have to be complemented (...) with the rules of customary law and contracts. In light of the canonical version of the law as a set of commands enforced through the threat of physical sanctions, however, two further novelties must be stressed, namely the soft law-tools of governance as a source of the system and the aim to embed normative constraints into technology, in order to enforce the law through the use of filtering systems, self-enforcing technologies, etc. This latter approach impacts on functions and requirements of the system, by transferring the normative side of the law from the traditional “ought to” of legal commands to what actually is on the basis of automatic techniques, thus affecting the very notion of source. The overall aim of the paper is to show that rearrangements of the legal sources are intertwined with redistributions of power and hence, a normative standpoint is needed, so as to determine whether scholars can obtain the solution that best justifies the integrity of the law before its hard cases, or the answer is a reasonable compromise between many conflicting interests. (shrink)

Philosophical anarchists have made their living criticizing theories of state legitimacy and the duty to obey the law. The most prominent theories of state legitimacy have been called into doubt by the anarchists' insistence that citizens' lack of consent to the state renders the whole justificatory enterprise futile. Autonomy requires consent, they argue, and justification must respect autonomy. In this essay, I want to call into question the weight of consent in protecting our capacity for autonomy. I argue that if (...) we care about all of the preconditions for autonomy, then we have good reasons to leave the state of nature. This leaves the philosophical anarchist with a dilemma. If she truly cares about autonomy, then she must welcome the state. But if she wants to deny the legitimacy of the state because of the value of consent, then she needs to downplay the moral significance of autonomy in people's lives. If autonomy matters, the state does too. If it doesn't, then consent doesn't. The philosophical anarchist can't have it both ways. (shrink)

According to the theory of natural pedagogy, humans have a set of cognitive adaptations specialized for transmitting and receiving knowledge through teaching; young children can acquire generalizable knowledge from ostensive signals even in a single interaction, and adults also actively teach young children. In this article, we critically examine the theory and argue that ostensive signals do not always allow children to learn generalizable knowledge more efficiently, and that the empirical evidence provided in favor of the theory of natural pedagogy (...) does not defend the theory as presented, nor does it support a weakened version of the theory. We argue that these problems arise because the theory of natural pedagogy is grounded in a misguided assumption, namely that learning about the world and learning about people are two distinct and independent processes. If, on the other hand, we see the processes as interrelated, then we have a better explanation for the empirical evidence. (shrink)

(2014). Cross-world luck at the time of decision is a problem for compatibilists as well. Philosophical Explorations: Vol. 17, No. 2, pp. 112-125. doi: 10.1080/13869795.2014.912673.

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

Envy and resentment are generally thought to be unpleasant and unethical emotions which ought to be condemned. I argue that both envy and resentment, in some important forms, are moral emotions connected with concern for justice, understood in terms of desert and entitlement. They enable us to recognise injustice, work as a spur to acting against it and connect us to others. Thus, we should accept these emotions as part of the ethical life.

Locating the history of male honour in the perspective of his philosophical anthropology, Mandeville is able to show that the rituals of modern honour are an exemplary expression of that spontaneous, artificial order stemming out of a natural disposition of human passions. For Mandeville, duelling provides decisive evidence that the desire for approval from others, even at the cost of one's life, is a dominant motive in man's behaviour. The aim of this paper is to review selected Scottish responses to (...) the questions raised by Mandeville's views on ‘Modern Honour’ and his provocative defense of duelling. (shrink)

This paper discusses Bernard Mandeville's (1670–1733) conception of governability. It grounds his key distinction between a submissive and a governable subject in terms of his alternative account of human sociability to demonstrate the nature and structure of relationships that are necessary for upholding stable and flourishing societies. Using Sir William Temple as an interlocutor (1628–1699), it also explores the role played by the cultivation of reverence to authority in Mandeville's analysis of governability.

This paper explores the role that empathy can play in the interpretation of constitutional rights. It starts by analyzing the complex concept of empathy, comparing it with similar yet distinct concepts such as projection, sympathy and emotional contagion, then it discusses the widespread distrust of empathy among lawyers and legal thinkers. It will be argued that empathy can play a significant role in the interpretation of constitutional rights, mostly in identifying the interests and needs put forward in the claims and (...) counterclaims of the parties. In the final section, the impact of empathetic judging on judicial minimalism will be briefly discussed. (shrink)

The book under review offers a novel approach to politicizing the "animal issue." Drawing on liberal citizenship theory, the authors argue that key concepts of international justice such as "citizen," "denizen," and "sovereignty" may be mapped onto human-animal relations in order to protect individual animal rights as well as ecosystem integrity. The ambition is also to overcome some well-known problems of traditional animal rights theory in relation to ecological concerns. Yet the argument that ecosystems, like human states, ought to be (...) seen as sovereign communities entails problematic concept-stretching that may undermine the individual rights it was meant to protect. (shrink)

Several writers have recently developed proposals calling for a public policy that would allow a number of individuals to commit suicide if they so choose. Suicide, it is argued, is a fundamental matter of personal liberty and as such only very minimal restrictions should be placed on it. In this essay I offer a critique of these views and the public policies they entail. The result is a defense of the general outlines of current professional and legal policies which permit (...) intervention, even coercive intervention, with suicidal persons in almost every case. (shrink)

ArgumentTalk of “reason” and “rationality” has been perennial in the philosophy and sciences of the European, Latin tradition since antiquity. But the use of these terms in the early-modern period has left especial marks on the specialties and disciplines that emerged as components of “science” in the modern world. By examining discussions by seventeenth-century philosophers, including natural philosophers such as Descartes, Pascal, and Hobbes, the practical meanings of, specifically, inferential reasoning can be seen as reducing, for most, to intellectual processes (...) deriving from foundations that required intuitional insight that was owing to God. Mechanical reasoning, or artificial intelligence, was a contradiction in terms for such as Pascal, whose views of his own arithmetical machine illustrate the issue well. Hobbes’ analysis of reason, however, replaced the ineffable authority of God with the authority of the civil power, to reveal the social reality of “reason” as nothing other than authorized judgment. (shrink)

ABSTRACT: Ever since Hume raised the problem of induction, many philosophers have tried to solve this problem; however, there still is no solution that has won wide acceptance among philosophers. According to Wilfrid Sellars, the reason is mainly that these philosophers have tried to justify induction by theoretical reasoning rather than by practical reasoning. In this paper I offer a sort of Sellarsian proposal. On the basis of the instrumental principle and the constructivist view of the concept of epistemic justification, (...) I argue that it is reasonable to accept induction.RÉSUMÉ: Depuis que Hume a soulevé le problème de l’induction, nombreux ont été les philosophes qui se sont attaqués à cette question. Aucun, pourtant, n’y a jusqu’à présent apporté de réponse satisfaisante et susceptible d’entraîner l’adhésion générale. Selon Wilfrid Sellars, la raison de cet échec est que les tentatives de justification se fondaient sur des raisonnements théoriques plutôt que pratiques. L’auteur offre ici une sorte de solution «sellarsienne» au problème. À partir du principe instrumental et de la conception constructiviste de la justification épistémique, l’auteur tente de démontrer qu’il est raisonnable d’accepter l’induction. (shrink)