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)

I first argue that there are many true claims of the form: Φ-ing would be morally required, if anything is. I then explain why the following conditional-type is true: If φ-ing would be morally required, if anything is, then anything is actually morally required. These results allow us to construct valid proofs for the existence of some substantive moral facts—proofs that some particular acts really are morally required. Most importantly, none of my argumentation presupposes any substantive moral claim; I use (...) only plausible claims that most moral skeptics and error theorists can and do accept. The final section diagnoses why my arguments work. Here, I offer an explanation for the supervenience of the moral on the non-moral that may help those worried that the strategy is a sophisticated trick. I conclude by considering two objections. In replying to these objections, I explain why the strategy may allow us to demonstrate more than “obvious” moral truths, and why it may also address a stronger version of error theory, according to which, moral truths are not possible. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

An influential approach to engineering ethics is based on codes of ethics and the application of moral principles by individual practitioners. However, to better understand the ethical problems of complex technological systems and the moral reasoning involved in such contexts, we need other tools as well. In this article, we consider the role of imagination and develop a concept of distributed responsibility in order to capture a broader range of human abilities and dimensions of moral responsibility. We show that in (...) the case of Snorre A, a near-disaster with an oil and gas production installation, imagination played a crucial and morally relevant role in how the crew coped with the crisis. For example, we discuss the role of scenarios and images in the moral reasoning and discussion of the platform crew in coping with the crisis. Moreover, we argue that responsibility for increased system vulnerability, turning an undesired event into a near-disaster, should not be ascribed exclusively, for example to individual engineers alone, but should be understood as distributed between various actors, levels and times. We conclude that both managers and engineers need imagination to transcend their disciplinary perspectives in order to improve the robustness of their organisations and to be better prepared for crisis situations. We recommend that education and training programmes should be transformed accordingly. (shrink)

The article tries to answer the following question: what is the most promising epistemological strategy if my objective is the construction of a theory which gives me the opportunity to decrease the risk of getting to what is actually absolute, that is, to irreversible negative actions (irreversible as a theory might not be, but as an action often is)? The answer proposed is a form of epistemological dualism which means that I metaphysically believe (that is, I programmatically and systematically believe, (...) without certainly knowing it) that the epistemological relationship between any theory and any reality is dualistic. More specifically, I metaphysically believe that the epistemological relationship between any theory and any reality is not saturated: in any theory there is an ideal error, because there is no theory which is totally saturated by reality, and any reality can actualize the ideal error, because there is no reality which is totally saturated by theory. (shrink)

Judea Pearl has argued that counterfactuals and causality are central to intelligence, whether natural or artificial, and has helped create a rich mathematical and computational framework for formally analyzing causality. Here, we draw out connections between these notions and various current issues in cognitive science, including the nature of mental “programs” and mental representation. We argue that programs (consisting of algorithms and data structures) have a causal (counterfactual-supporting) structure; these counterfactuals can reveal the nature of mental representations. Programs can also (...) provide a causal model of the external world. Such models are, we suggest, ubiquitous in perception, cognition, and language processing. (shrink)

Functionalism has long been the dominant paradigm in systems development practice. However, functionalism promotes an innate and immutable instrumental rationality that is indifferent to human values, rights, society, culture and international stability. It, in essence, lacks empathy. Although alternative paradigms have been promoted for decades in the systems development literature to help address this deficit, functionalism remains dominant. This paper reiterates the call for a fundamental paradigm shift away from myopic functionalism and towards a more empathic and human-centred philosophy. It (...) argues that the human-centred tradition offers a philosophically compatible and mature approach that can be practically harnessed for promoting empathy in systems development. The paper investigates the potential of systems development to become truly human-centred using data originally collected as part of a multi-method critical-interpretive study of privacy in information systems development. Multiple methods are used for the data analysis presented, including principal components analysis, hierarchical clustering, Q methodology and descriptive statistics. The multi-method analysis demonstrates that a marked discreteness exists between human-centred sentiments and instrumentally rational ones in systems development praxis. The paper concludes by presenting recommendations on how human-centred values can be practically fostered and engaged to enable greater empathy in contemporary system development and strengthen international stability. (shrink)

It is arguable that some of the most profound and perennial issues and problems of philosophy concerning the nature of human agency, the role of reason and knowledge in such agency and the moral status and place of responsibility in human action and conduct receive their sharpest definition in Plato's specific discussion in the Republic of the human value of physical activities. From this viewpoint alone, Plato's exploration of this issue might be considered a locus classicus in the philosophy of (...) sport. Indeed, it is in this place that Plato offers a highly distinctive account of the value of physical education in terms of its vital contribution to the development of a part of the soul that he characterises in terms of ?spirit?, ?energy? and/or ?initiative?. Drawing on more recent work in ethics and philosophy of action, this paper sets out to revisit and evaluate Plato's argument. While concluding that Plato's case ultimately flounders on fundamental uncertainty regarding the logical role of spirit in the explanation of agency, the paper concludes that there is much to be learned ? in the philosophy of sport and elsewhere ? from the instructive failures of Plato's argument. (shrink)

The work of Lawrence Kohlberg has become the central focus in both the research and applied dimensions of moral education. While teachers and academics are generally familiar with Kohlberg's account of his six stages of moral development, his hints about a highest and culminating seventh stage have had no sustained critique. This essay attempts to provide a detailed account and critique of all of Kohlberg's writings dealing with stage seven, from a philosophical standpoint. This essay critiques Kohlberg's analysis of Moore's (...) naturalistic fallacy, and rejects his attempt to disarm the fallacy by adopting a strategy of ?parallelism?, or ?complementarity?. I argue that it might be better to accept the fact that one cannot derive an ought from an is, and then to view ought-claims as selected or preferred is-claims. This allows morality to remain sui generis, and the support for a moral choice must arise from the complete ?story? or world-view in which it is embedded. Stage seven is not just any ?whole story?, however, but the best or ideal whole story. As well, it serves as the answer to the fundamental ethical question, ?but why should I be moral in the first place?? Stage seven gains its justificatory power from its stance of empathetic identification of the moral agent with others, and with the cosmos as a whole, as thinkers as varied as Marcus Aurelius and Teilhard de Chardin have suggested. If stage seven is, as Kohlberg argues, an ethics of love, and if the first six stages are to be thought of as comprising an ethics of justice, then what is to be done if they conflict? Kohlberg deals with this question, and eventually decides in favour of justice, even given the seventh stage as somehow the ground of all normativity in his system. I argue that he cannot consistently adopt a parallelist thesis here, but needs to recognize the normatively fundamental character of his own seventh stage. It serves as his ?whole story?, on which the previous six stages all rest. Kohlberg's own thesis forces him to retain an ethics of justice only until one reaches the level of agape. Then, as with all higher stages, the lower stages are not abandoned, but are taken up and enriched by the thinking and acting which emerge from the higher stage perspective. Neither justice nor agape can stand alone as sufficient basis for an adequate ethics. But it is agape that is the more fundamental, and which enriches justice without rejecting its generally overwhelming claims. Stage seven consciousness simply reminds one that justice is not enough, even though it does constitute the largest part of ethics. (shrink)

How should state schools respond to the plurality of values in a multicultural society? The liberal response has been that it is unacceptable to promote only the traditional, mainstream values of dominant groups and impose them on others. During the 1980s this response gradually evolved into an ideology of extreme subjectivism, commonly referred to as cultural relativism. This ideology is rejected and it is argued that the school must make crucial judgements about which values should be promoted, tolerated or condemned.

The paper begins by situating Singer within the British meta-ethical tradition. It sets out the main steps in his argument for utilitarianism as the ‘default setting’ of ethical thought. It argues that Singer’s argument depends on a hierarchy of reasons, such that the ethical viewpoint is understood to be an adaptation – an extension – of a fundamental self-interest. It concludes that the argument fails because it is impossible to get from this starting-point in self-interest to his conception of the (...) ethical point of view. The fundamental problem is its mixing the immiscible: the Humean subordination of reason to interest with the Kantian conception of reason as universal and authoritative. (shrink)

Liberal political thought is underwritten by an enduring fear of civil and state violence. It is assumed within liberal thought that self?interest characterises relations between individuals in civil society, resulting in violence. In absolutist doctrines, such as Hobbes?, the pacification of private persons depended on the Sovereign's command of a monopoly of violence. Liberals, by contrast, sought to claim that the state itself must be pacified, its capacity for cruelty (e.g., torture) removed, its capacity for violence (e.g., war) reduced and (...) controlled. A core tension within liberal thought thus arises between containing civil violence by empowering the state and containing state violence by constraining the state. One result of this tension is the highly selective conception of ?pacification? within liberalism, which, historically, has accommodated indifference to endemic violence, both within civil society, and beyond civil society ? as in (past) arguments licensing imperialism and in (present) arguments for disciplining ?rogue? states. (shrink)

Chronic disorders of consciousness, particularly the vegetative and the minimally conscious states, pose serious diagnostic challenges to neurologists and clinical psychologists. A look at the concept of “diagnosis” in medicine reveals its social construction: While medical categorizations are intended to describe facts in the real world, they are nevertheless dependent on conventions and agreements between experts and practitioners. For chronic disorders of consciousness in particular, the terminology has proven problematic and controversial over the years. Novel research utilizing functional brain imaging (...) has demonstrated that a substantial number of patients retain their capabilities to communicate by brain activity even when they are incapable of classic verbal and nonverbal responses due to the dysfunction of their motor behavior. Moreover, thorough diagnostic assessments constitute the foundations for suitable rehabilitation measures. Thus, ethical arguments support the claim that the potential of emerging methods for communication via brain activity should be evaluated comprehensively in patients with chronic disorders of consciousness, once the technological methodology for this endeavor progresses to a reliable and affordable stage. (shrink)

I develop a scheme for the explanation of rational action. I start from a scheme that may be attributed to Thomas Nagel in The Possibility of Altruism , and develop it step by step to arrive at a sharper and more accurate scheme. The development includes a progressive refinement of the notion of motivation. I end by explaining the role of reasoning within the scheme.

Descartes’s uncompromising rejection of the possibility of animal intelligence was among his most controversial theses. That rejection is based on (1) his commitment to the doctrine of animal automatism and (2) two tests that he takes to be sufficient indicators of thought (the action and language tests). Of these two tests, only the language test is truly definitive, and Descartes is firmly of the view that no animal could demonstrate the capacity to use signs to convey meaning in “all the (...) circumstances of life.” The topic is fascinating for forcing us to ponder what exactly reason is for Descartes and the role it plays in everyday life. This article explores the tensions in Descartes’s arguments produced by an over reliance on the analogy between animals and clocks, including the question of what to make of Descartes’s recognition of the need to posit representational and information-processing subsystems in the brain. (shrink)

Abstract Susan Moller Okin has criticized Michael Sandel's view that the family is an example of an institution that is sometimes ?above? or ?beyond? justice, and for which justice is not, under the best conditions, a virtue. She argues that he both misses the point of justice as a virtue of social institutions and that he idealizes the family, and after undertaking this ?ground-clearing?, goes on to argue that families should be just. This paper offers a qualified defense of Sandel. (...) I argue, first, that Sandel has not missed the point of justice as a virtue of social institutions. But I go on to argue, more centrally, that if we distinguish between what I call ?internal? and ?social? justice of the family, and look carefully at the conclusions of Okin's own arguments, we see that she has really argued for the social justice of the family, and that this can be maintained alongside Sandel's vision of the family as an institution within which considerations of justice are neither central, nor necessarily appropriate. I try to carve out space both for Sandel's vision of the family, and for Okin's substantive feminist conclusions about family-based gender injustice. (shrink)

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 presents an argument for reconceptualizing (human) intelligence as intellectual virtue, and makes some proposals as to how we would understand intellectual virtue if feminist values were taken into account. Several abilities are identified which are closely connected to one aim that is common to most feminists: the building of communities in which well-being is possible.

The central recommendation of this article is that philosophers trained in the analytic tradition ought to add the sensibilities and skills of the historian to their methodological toolkit. The value of an historical approach to strictly philosophical matters is illustrated by a case study focussing on the medieval origin of conceivability arguments and contemporary views of modality. It is shown that common metaphilosophical views about the nature of the philosophical enterprise as well as certain inference patterns found in thinkers from (...) Descartes to Chalmers have their origin in the theological concerns of the Scholastics. Since these assumptions and inference patterns are difficult to motivate when shorn of their original theological context, the upshot is that much post-Cartesian philosophy is cast in an altogether unfamiliar, and probably unwelcome, light. The methodological point, however, is that this philosophical gain is born of acquaintance with the history of ideas. (shrink)

The basic purpose of this essay, the first of an intended pair, is to interpret standard von Neumann quantum theory in a framework of iterated measure algebraic truth for mathematical (and thus mathematical-physical) assertions — a framework, that is, in which the truth-values for such assertions are elements of iterated boolean measure-algebras (cf. Sections 2.2.9, 5.2.1–5.2.6 and 5.3 below).The essay itself employs constructions of Takeuti's boolean-valued analysis (whose origins lay in work of Scott, Solovay, Krauss and others) to provide a (...) metamathematical interpretation of ideas sometimes considered disparate, heuristic, or simply ill-defined: the collapse of the wave function, for example; Everett's many worlds'-construal of quantum measurement; and a natural product space of contextual (nonlocal) hidden variables. (shrink)

Gedächtnis-Enhancement oder Memory-Enhancement ist ein Teilbereich der verschiedenen Ansätze zur pharmakologischen und technischen Verbesserung menschlicher Leistungsfähigkeit. Wie Erfahrungsberichte von Menschen mit von Natur aus gesteigertem Erinnerungsvermögen zeigen, ist eine Steigerung der Gedächtnisfähigkeit prinzipiell möglich. Allerdings verweisen diese Erfahrungen auch auf einige Komplikationen und Beschwernisse infolge dieser gesteigerten Leistungsfähigkeit. Es wird argumentiert, dass erstens diejenigen philosophischen Theorien, die die Funktion des Gedächtnisses v. a. in der Speicherung von Informationen lokalisieren, einige dieser Probleme nicht antizipieren und nur unzulänglich erklären können. Zweitens wird (...) argumentiert, dass philosophische Konzepte zur Funktion von Erinnern und Vergessen, die deren Bedeutung bei der Bildung eines normativ geleiteten Selbstverständnisses in den Vordergrund stellen, diese und weitere mögliche Komplikationen deutlicher in den Blick bekommen können. Beispielhaft wird hier auf Ansätze von Ricoeur und Nietzsche eingegangen. (shrink)

The problem of the relationship between “reason” and “law” has two different meanings depending on whether the first or the second of the two terms is considered to be the most important one. These two different meanings are revealed in the expressions “law of reason” and “legal reason,” respectively. In the first expression, “reason” is meant in its strong sense, that is, the faculty of grasping the essence of things, while in the second, “reason” is meant in a weak sense, (...) the ability to reason (calculate, infer, discuss). “Law of reason” and “legal reason” correspond to two different moments of the legal universe, the creation and, respectively, the application of law. Strong reason is that which discovers the rules to be obeyed, while weak reason is that which applies rules to an actual case. The first is legislating reason, while the second is judging reason. The main topic of the debate from the Greeks to Kant was that of legislating reason. Nowadays, instead, scholars in the field are interested in judging reason. Historicism and positivism mark the end of faith in the existence of rules which are objectively just, and which may be recognized by human reason. By now we have learned to do without the eternal truths in the knowledge of the world. However painful it may be, we are forced to resign ourselves to do without evident truths in ethics, as well. (shrink)

Scientific psychology involves both identifying and classifying phenomena of interest (description) and revealing the causes and mechanisms that contribute towards these phenomena arising (explanation). Within personality psychology, some propose that aspects of behavior and cognition can be explained with reference to personality traits. However, certain conceptual and logical issues cast doubt upon the adequacy of traits as coherent explanatory constructs. This paper discusses ?explanation? in psychology and the problems of circularity and reification. An analysis of relations and intrinsic properties is (...) then developed to address the logical requirements necessary for circumventing these problems. An examination of McCrae and Costa's defense of traits as explanatory constructs, in terms of ?tendencies? and ?dispositions? highlights logical issues that prevent traits, so defined, from explaining trait-like behaviors and cognitions. The logical requirements for a coherent trait-explanatory account are outlined and possible explanatory directions in trait-approaches are discussed. The ongoing tendency towards fallacious reasoning in psychology and suggestions for preventing this are further examined. (shrink)

The question, “What norms are appropriate for the evaluation of the probative merits of visual arguments?” underlies the investigation of this paper. The notions of argument and of multimodal visual argument employed in the study are explained. Then four multimodal visual arguments are analyzed and their probative merits assessed. It turns out to be possible to judge these qualities using the same criteria that apply to verbally expressed arguments. Since the sample is small and not claimed to be representative, this (...) finding can at best be regarded as suggestive for the probative assessment of multimodal visual arguments in general. (shrink)

In my article I summarize a 'Humean' view of deliberation, and in particular deliberation with an ethical aspect. I regard Hume as having paved the way for a 'naturalistic' account of these things, avoiding Kantian fantasies of agency that dominate much current work. Contrary to what is often supposed, the Humean story gives a satisfactory account of dutiful or principled motivations, and a rich account of the ways in which different aspects of character are selected as 'useful or agreeable to (...) ourselves or others'. (shrink)

This paper attempts to analyze the concept of quantum statistical determinism. This is done after we have clarified the epistemic difference between causality and determinism and discussed the content of classical forms of determinism—mechanical and dynamical. Quantum statistical determinism transcends the classical forms, for it expresses the multiple potentialities of quantum systems. The whole argument is consistent with a statistical interpretation of quantum mechanics.

A shift from a metaphysical framework of substance to one of process enables an integrated account of the emergence of normative phenomena. I show how substance assumptions block genuine ontological emergence, especially the emergence of normativity, and how a process framework permits a thermodynamic-based account of normative emergence. The focus is on two foundational forms of normativity, that of normative function and of representation as emergent in a particular kind of function. This process model of representation, called interactivism, compels changes (...) in many related domains. The discussion ends with brief attention to three domains in which changes are induced by the representational model: perception, learning, and language. (shrink)

This paper argues that history differs from natural science in relying on folk psychology and so narrative explanations. In narratives, actions, beliefs, and pro-attitudes are joined by conditional and volitional connections. Conditional connections exist when beliefs and pro-attitudes pick up themes from one another Volitional connections exist when agents command themselves to do something having decided to do it because of a pro-attitude they hold. The paper defends the epistemic legitimacy of narratives by arguing we have legitimate grounds for postulating (...) conditional and volitional connections since they are given to us by a folk psychology we accept as true. (shrink)

In recent years, there has been considerable debate in the literature concerning the existence of moral character. One lesson we should take away from these debates is that the concept of character, and the role it plays in guiding our actions, is far more complex than most of us initially took it to be. Just as Gilbert Harman, for example, makes a serious mistake in insisting, plainly and simply, that ther is no such thing as character, defenders of character also (...) make a mistake to the extent that they imply there is no problem raised by the psychological literature for either the concept of character or the nature of character-based ethics. My hope for this paper is to avoid both of these mistakes by first, exploring exactly what is the concept of character that is so firmly rooted in our philosophical and everyday thinking; and second, exploring the implications of the psychological literature for this appropriately understood concept of character. In so doing, I will come to a resolution that vindicates the existence of character, while at the same time calls attention to the real and serious problem suggested by the psychological evidence. This, we will see, is a problem of moral motivation. (shrink)

The search for the essence of emotions is a common feature of various views of emotions—many of which attempt to reduce emotions to one central component. Three major views that seek to define emotions via a basic component are: that emotions are essentially a cognitive-evaluative state; that emotions are feelings; that emotions are desires. I believe that all these reductions are inadequate. I focus here on as expressed in Nussbaum’s recent view of emotions. I begin, however, by briefly discussing and.

This article examines Russell Hardin's interpretation of Hume's argument that great social order depends on coordination convention. The main argument shows that despite an apparent move in that direction Hume's main argument is that justice and the other convention-based virtues rest on a cooperative convention which solves a prisoner's dilemma problem and that states are required when a society exceeds some small size because only states can solve the large number prisoner's dilemma problems that constitute the 'problem of social order'. (...) In this Hume's argument is indebted to the original form of this argument found in Hobbes's Leviathan. (shrink)

Though modern non-cognitivists in ethics characteristically believe that values are irreducible to facts, they nevertheless believe that values are determined by facts, viz., those specified in functionalist, explanatory theories of the evolutionary origin of morality. The present paper probes the consistency of this position. The conventionalist theories of Hume and Harman are examined, and are seen not to establish a tight determinative reduction of values to facts. This result is illustrated by reference to recent theories of the sociobiological mechanisms involved (...) in moral evolution. Though explanatory theories have linguistic implications,exaggerated in Harman's linguistic form of social relativism, there is also failure to establish the semantic reductionism which non-cognitivists reject under the rubric of ethical naturalism. It is concluded that explanatory forms of naturalism, the best of which is a functionalist-utilitarian account, are compatible with the fact/value distinction. (shrink)

It has been argued that there is a genuine conflict between the views of geometry defended by Hume in the Treatise and in the Enquiry: while the former work attributes to geometry a different status from that of arithmetic and algebra, the latter attempts to restore its status as an exact and certain science. A closer reading of Hume shows that, in fact, there is no conflict between the two works with respect to geometry. The key to understanding Hume's view (...) of geometry is the distinction he draws between two standards of equality in extension. (shrink)

I suggest two main ways of interpreting Reid's analysis of the perception of the quality of hardness: Reid endorses two distinct concepts of hardness. The distinction between the two lies in a profoundly different relation between the sensation of hardness and the concept of hardness in each of them. The first concept, which I term as a “sensation-laden concept”, is “the quality that arises in us the sensation of hardness.” The second concept, which I call a “non-sensational concept”, is “the (...) cohesion of the parts of the body with more or less force.” Reid is thinking like a developmental psychologist and postulates what I consider as a gradual development from one concept to the other according to which the initial sensation-laden concept of hardness, which we form during our early childhood, gradually develops into a mature non-sensational concept of hardness. (shrink)

This paper argues that the foundations of our knowledge are the bed-rock certainties of ordinary life, what may be called the Moorean truths. Beyond that are the well-established results within the empirical sciences, and whatever has been proved in the rational sciences of mathematics and logic. Otherwise there is only belief, which may be more or less rational. A moral drawn from this is that dogmatism should be moderated on all sides.