In Minimal Morality, I develop a multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies that may include liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents. The theory takes its main inspiration from the moral theories of Hobbes (1651), Hume (1739/1740), and Kant (1785, 1795, and (...) 1797), and some of their contemporary followers, such as Rawls (1971) and Gauthier (1986). In its simplified form, the theory combines what I call traditional first-level morality with second-level pure instrumental morality and derives, in the form of the weak principle of universalization, a principle of conflict resolution that defines the minimal behavioral restrictions that are necessary to ensure, compared to violent conflict resolution, mutually beneficial peaceful long-term cooperation in deeply morally pluralistic societies. I argue that, despite its ideal nature, this theory is, in principle, applicable to the real world and, for the conditions described, most promising for securing mutually beneficial peaceful long-term cooperation in a world in which a fully just society, due to moral pluralism, is unattainable. (shrink)

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

In this article, I derive a weak version of Kant's categorical imperative within an informal game-theoretic framework. More specifically, I argue that Hobbesian agents would choose what I call the weak principle of universalization, if they had to decide on a rule of conflict resolution in an idealized but empirically defensible hypothetical decision situation. The discussion clarifies (i) the rationality requirements imposed on agents, (ii) the empirical conditions assumed to warrant the conclusion, and (iii) the political institutions that are necessary (...) to implement the derived principle. The analysis demonstrates the moral significance of the weak principle of universalization and its epistemic advantage over the categorical imperative. (shrink)

The major normative recommendations in the literature on food risk communication can be summarized in the form of seven practical principles for such communication: (1) Be honest and open. (2) Disclose incentives and conflicts of interest. (3) Take all available relevant knowledge into consideration. (4) When possible, quantify risks. (5) Describe and explain uncertainties. (6) Take all the public's concerns into account. (7) Take the rights of individuals and groups seriously. We show that each of these proposed principles can be (...) justified both in terms of more fundamental ethical principles and instrumentally in terms of the communicating agent's selfinterest. The mechanisms of this concordance of justifications are discussed. It is argued that the concordance is specific for areas such as food risks in which agents such as companies and public authorities are highly dependent on the public's trust and confidence. The implications of these findings both for moral philosophy and for practical food risk communication are discussed. (shrink)

This essay roughly sketches two major conceptions of autonomy in contemporary bioethics that promote the resourcification of human body parts: (1) a narrow conception of autonomy as self-determination; and (2) the conception of autonomy as dissociated from human dignity. In this paper I will argue that, on the one hand, these two conceptions are very different from that found in the modern European tradition of philosophical inquiry, because bioethics has concentrated on an external account of patient’s self-determination and on dissociating (...) dignity from internal human nature. However, on the other hand, they are consistent with more recent European philosophy. In this more recent tradition, human dignity has gradually been dissociated from contextual values, and human subjectivity has been dissociated from objectivity and absolutized as never to be objectified. In the concluding part, I will give a speculative sketch in which Kant’s internal inquiry of maxim of ends, causality and end, and dignity as irreplaceability is recombined with bioethics’ externalized one and used to support an extended human resourcification. (shrink)

Graphic and gut-wrenching images of death, violence, and pain fill our news media, despite debate about their effect on audiences and their potential to harm their subjects. This research uses in-d...

Choice architecture is heralded as a policy approach that does not coercively reduce freedom of choice. Still we might worry that this approach fails to respect individual choice because it subversively manipulates individuals, thus contravening their personal autonomy. In this article I address two arguments to this effect. First, I deny that choice architecture is necessarily heteronomous. I explain the reasons we have for avoiding heteronomous policy-making and offer a set of four conditions for non-heteronomy. I then provide examples of (...) nudges that meet these conditions. I argue that these policies are capable of respecting and promoting personal autonomy, and show this claim to be true across contrasting conceptions of autonomy. Second, I deny that choice architecture is disrespectful because it is epistemically paternalistic. This critique appears to loom large even against non-heteronomous nudges. However, I argue that while some of these policies may exhibit epistemically paternalistic tendencies, these tendencies do not necessarily undermine personal autonomy. Thus, if we are to find such policies objectionable, we cannot do so on the grounds of respect for autonomy. (shrink)

Abolitionism is the view that if no one is responsible, we ought to abandon the reactive attitudes. This paper defends abolitionism against the claim, made by P.F. Strawson and others, that abandoning these attitudes precludes the formation and maintenance of valuable personal relationships. These anti-abolitionists claim that one who abandons the reactive attitudes is unable to take personally others’ attitudes and actions regarding her, and that taking personally is necessary for certain valuable relationships. I dispute both claims and argue that (...) this objection exaggerates the role of the reactive attitudes and underestimates the importance of non-reactive moral emotions. (shrink)

It is common to interpret Kant’s idea of public reason and the Enlightenment motto to ‘think for oneself’ as incompatible with the view that testimony and judgement of credibility is essential to rational public deliberation. Such interpretations have led to criticism of contemporary Kantian approaches to deliberative democracy for being intellectualistic, and for not considering our epistemic dependence on other people adequately. In this article, I argue that such criticism is insufficiently substantiated, and that Kant’s idea of public reason is (...) neither at odds with deference to a certain kind of authority, nor with making judgements of character in rational deliberation. This view is corroborated by recent work on Kant’s epistemology of testimony. (shrink)

The following hypothetical case study was developed for bioengineering students and is concerned with choosing between two devices used for development of a pediatric tissue engineered heart valve (TEHV). This case is intended to elicit assessment of the devices, possible future outcomes, and ramifications of the decision making. It is framed in light of two predominant ethical theories: utilitarianism and rights of persons. After the case was presented to bioengineering graduate students, they voted on which device should be released. The (...) results revealed that these bioengineering students preferred the more reliable (and substantially more expensive) design, though this choice precludes the majority of the world from having access to this technology. This case is intended to examine and explore where the balance lies between design, cost, and adequate distribution of biomedical devices. (shrink)

René Girard speaks of the return of the religious as a “return of the sacred… in the form of violence.” This violence was inherent in the original “sacrificial system,” which deflected communal violence onto the victim. In this article, I argue that there is a double return of the sacred. With the collapse of the original sacrificial system, the sacred first reappears in the legal order. When this loses its binding claim, it reappears in the political order. Here, my claim (...) will be that Carl Schmitt’s conception of the political is not simply structurally similar to Girard’s conception of the sacrificial system. It is actually a manifestation of this. In this political return of the religious, the religious and the political systems are conflated. What prevents us from seeing this is the self-concealment that is essential to the sacrificial act, a self-concealment that also characterizes its twofold return. (shrink)

As several commentators and researchers have noted since late spring 2020, COVID-19 has laid bare the connections between entrenched structurally generated inequalities on one hand, and on the other hand relatively high degrees of susceptibility to contracting COVID-19 on the part of economically marginalized population segments. Far from running along the tracks of race neutrality, studies have demonstrated that the pandemic is affecting Black people more than Whites in the U.S.A. and U.K., where reliable racially-disaggregated data are available. While the (...) situation in Canada seems to follow the same pattern, race-specific data on COVID-19 are hard to come by. At present, there is no federal mandate to collect race-based data on COVID-19, though, in Ontario, at the municipal level, the City of Toronto has been releasing such data. This paper examines the entanglements of race, immigration status and the COVID-19 pandemic in Canada with particular emphasis on Black immigrants and non-immigrants in Toronto, using multiple forms of data pertaining to income, housing, immigration, employment and COVID-19 infections and deaths. Our findings show that the pandemic has had a disproportionate negative impact on Black people and other racialized people in Toronto and, indeed, Canada. (shrink)

ABSTRACT:The distinction between what I call nonelective obligations and discretionary obligations, a distinction that focuses on one particular thread of the distinction between perfect and imperfect duties, helps us to identify the obligations that carry over from principals to agents. Clarity on this issue is necessary to identify the moral obligations within “shareholder primacy”, which conceives of managers as agents of shareholders. My main claim is that the principal-agent relation requires agents to fulfill nonelective obligations, but it does not always (...) require discharging discretionary obligations. I show that the requirement to fulfill nonelective obligations is more far-reaching than has been acknowledged by most defenders and critics of shareholder primacy. But I also show that managers are not bound by certain discretionary obligations like charity, showing that their moral obligations are more circumscribed than the obligations that apply to human beings in general. (shrink)

In Homo Sacer, Giorgio Agamben makes the claim that Kant’s moral philosophy is prophetic of legal nihilism and modern totalitarianism. In doing so, he draws an implicit parallel between Kantian ethics of respect and autonomy, and the authoritarian constitutional theory of Carl Schmitt. This paper elucidates and evaluates this claim through an analysis of Agamben’s assertion that the legal condition of modernity is a nihilistic law that is ‘in force without significance’. I argue that the theoretical continuity between totalitarianism and (...) the Moral Law is the problem of the undecidable, which arises when the empty ground of normative judgment comes to light. (shrink)

The use of law enforcement officers in American schools has rapidly expanded since its inception in the 1950s. This growth can in part be attributed to the Safe Schools Act of 1994, the establishment of the Community Oriented Policing Services Office, and tragic events that have occurred in our nation's schools. Law enforcement officers in the school environment traditionally have primary roles of protection and enforcement, although many have ancillary roles of educating and mentoring students. However, the use of police (...) in schools has also been associated with the formalization of student discipline and the criminalization of minor misconduct. Specifically, an increase in the number of officers in schools has mirrored an increase in the number of arrests and citations for relatively minor offenses. We argue that officers' socialization and training create role conflict in that the duty to enforce the law competes with other duties to mentor and nurture students. We present several hypothetical dilemmas and then illustrate how the “right thing to do” is determined by the perceived duties of the school safety officer. We conclude by presenting some modest suggestions on how to address the potential role conflict experienced by law enforcement officers working in schools. (shrink)

ABSTRACT: Critics have charged that there are gaps in the logic of Kant’s derivation of the formula of universal law. Here I defend that derivation against these charges, partly by emphasizing a neglected teleological principle that Kant alluded to in his argument, and partly by clarifying what he meant by actions’ “conformity to universal law.” He meant that actions conform to universal law just when their maxims can belong to a unified system of principles. An analogy with objects’ conformity to (...) universal law in nature helps show how Kant was correct in deriving the formula of universal law from the premises of his argument. RÉSUMÉ: Certains ont critiqué la dérivation de la formule de la loi universelle de Kant parce que la logique en serait lacunaire. Je prends la défense de la dérivation, en mettant d’abord l’accent sur un principe téléologique auquel Kant fait allusion dans son argument et, ensuite, en clarifiant ce que celui-ci entend par la «conformité à la loi universelle» des actions. Kant maintenait que les actions étaient conformes à une loi universelle seulement lorsque leurs maximes appartiennent à un système unifié de principes. Une analogie avec la conformité à la loi universelle des objets dans la nature aide à montrer pourquoi Kant avait raison de dériver la formule de la loi universelle des prémisses de son argument. (shrink)

The categorical imperative can be construed as a universalization test for moral permissibility. False negatives of the categorical imperative would be maxims failing this test, despite the permissibility of their actions; maxims like: ‘I’ll withdraw all my savings on April 15th’. Examples of purported false negatives familiar from the literature can be grouped into three general categories, and dispatched by applying category-specific methods for proper formulation of their maxims, or for proper testing. Methods for reformulating failing maxims, such as the (...) addition of appropriate conditional clauses, do not generate false-positive counterexamples in other instances. (shrink)

Modeling and computer simulations, we claim, should be considered core philosophical methods. More precisely, we will defend two theses. First, philosophers should use simulations for many of the same reasons we currently use thought experiments. In fact, simulations are superior to thought experiments in achieving some philosophical goals. Second, devising and coding computational models instill good philosophical habits of mind. Throughout the paper, we respond to the often implicit objection that computer modeling is “not philosophical.”.

In this article, I look at recent developments in the field of the Philosophy of the relationship between morality, understood in a realist manner, and the primary object of religious belief in the monotheistic religions, God. Some contemporary solutions to the Euthyphro dilemma and versions of moral arguments for the existence of God are discussed.

Is there a difference between human beings and those based on artificial intelligence that would affect their ability to be subjects of dignity? This paper first examines the philosophical notion of dignity as Immanuel Kant derives it from the moral autonomy of the individual. It then asks whether animals and AI systems can claim Kantian dignity or whether there is a sharp divide between human beings, animals and AI systems regarding their ability to be subjects of dignity. How this question (...) is answered depends crucially on one’s understanding of what constitutes human dignity and autonomy, and what requirements one places upon systems in order for them to be seen as morally autonomous. (shrink)

This analysis comments on Bernstein’s lack of clear understanding of subjectivity, based on his book, Beyond Objectivism and Relativism: Science, Hermeneutics, and Praxis. Bernstein limits his interpretation of subjectivity to thinkers such as Gadamer and Habermas. The authors analyze the ideas of classic scholars such as Edmund Husserl and Friedrich Nietzsche. Husserl put forward his notion of transcendental subjectivity and phenomenological ramifications of the relationship between subjectivity and objectivity. Nietzsche referred to subjectivity as perspectivism, the inescapable fact that any and (...) all consciousnesses exist in space and time. Consciousness is fundamentally constituted of cultural, linguistic, and historical dimensions. (shrink)

I argue that motivational internalism should not be driving metaethics. I first show that many arguments for motivational internalism beg the question by resting on an illicit appeal to internalist assumptions about the nature of reasons. Then I make a distinction between weak internalism and the weakest form of internalism. Weak internalism allows that agents fail to act according to their normative judgments when they are practically irrational. I show that when we clarify the notion of practical irrationality it does (...) not support motivational internalism. Weakest internalism only claims that agents are irrational if they entirely lack motivation to do what they judge they ought to. I do not argue against weakest internalism, but I argue that it is not an important view. (shrink)

Peters' account of the moral life and the conception of practical reason that informed it reflects a sophisticated moral universalism. However, attempts to extend a similarly sophisticated universalism into our understanding of education are not as well received. Yet, such a project is of clear contemporary relevance given the pressure put on educational institutions to achieve certain ends. If we can show that education entails standards that are not entirely contingent upon current interests, we would have a framework that all (...) institutions seriously claiming to be involved in the enterprise would have to acknowledge. In this paper I argue that a reconstruction of the relationship between Peters' work in philosophical ethics and his conceptual analysis may go some way in showing how one can speak of education in universalistic terms. Accordingly, although many of the criticisms laid at Peters' feet are of merit, they overshadow more potentially useful interpretive moves. Finally, I show how a change in the focus of Peters' account of education and practical reason more generally can provide important resources for engaging in a more plausible exploration of universalistic themes in education. (shrink)

When is it ethically justifiable to mislead participants about the nature of a film or television program? Producers of the 2006 film Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan used brilliantly crafted releases to undermine potential fraud claims from participants misled about the comedy. This article argues that if portraying participants can result in foreseeable, substantial negative consequences for them, the portrayal must serve an overriding public interest. The test is applied to scenes in Borat.

The Civil Economy approach, as developed by Italian economists Luigino Bruni and Stefano Zamagni, aims at introducing reciprocity into the economy as a humanizing factor. Despite being presented as an innovative perspective, the CE approach shares many characteristics with the German model of Social Market Economy. The present paper compares both approaches, showing that they in fact share a normative basis and similar aims but address them from diverse points of view; namely, CE addresses them from a virtue ethics perspective (...) and SME from an institutional ethics one. This leads them to stress different aspects and to focus on diverse problems. Therefore, CE would not constitute an alternative to SME but a complement. Thus, a combination of both approaches should allow each to take advantage of their respective strengths and lead to a better result in terms of the common good. (shrink)

Agents sometimes act for normative reasons—for reasons that objectively favor their actions. Jill, for instance, calls a doctor for the normative reason that Kate is injured. In this article I explore a dispositional approach to acting for a normative reason. I argue for the need of epistemic, motivational, and executional dispositional elements of a theory of acting for a normative reason. Dispositions play a mediating role between, on the one hand, the normative reason and its normative force, and the action (...) on the other hand. Thereby, they help to deal with problem cases such as cases of deviant causal chains and improper instrumental motivation. (shrink)

This article draws on the moral philosophy of Immanuel Kant to explore whether a corporate ‘duty of beneficence’ to non-shareholders is consistent with the orthodox ‘shareholder theory’ of the firm. It examines the ethical framework of Milton Friedman’s argument and asks whether it necessarily rules out the well-being of non-shareholders as a corporate objective. The article examines Kant’s distinction between ‘duties of right’ and ‘duties of virtue’ (the latter including the duty of beneficence) and investigates their consistency with the shareholder (...) theory. The article concludes that it is possible within the ethical framework of shareholder theory for managers to pursue directly the happiness of non-shareholders. Furthermore, shareholders have a duty to hold management to account for the moral consequences of the firm’s activities on non-shareholding stakeholders. (shrink)

Williams’s well-known critique of the ‘moralism’ of liberal political philosophy—its disconnect from political reality—holds special significance for the theory and practice of constitutional adjudication, where calls for ‘realism’ increasingly resound. Is constitutional discourse also guilty of moralism—as Williams himself thought—or might it succeed where political philosophy has failed? This paper reconstructs Williams’s critique of political moralism as one that decries the empty idealism of the philosophical project of abstraction: the quest for general, timeless, and universal principles drains theory of its (...) prescriptive force. It then argues that legal-constitutional reasoning, even in its most ambitious ‘forum of principle’ conception, is not a flight to abstraction but precisely a pragmatist negotiation of the concreteness-abstraction tension through acts of justification. But constitutional discourse in its current form remains moralistic in another distinct sense: it idealizes the political, thereby failing to account for the social and political pressures on courts and the proper normative significance of institutional considerations. Constitutional discourse could only offer a solution to the ailments of political philosophy if it cures its own chronic idealization. (shrink)

This essay is concerned with the relation between motivating and normative reasons. According to a common and influential thesis, a normative reason is identical with a motivating reason when an agent acts for that normative reason. I will call this thesis the ‘Identity Thesis’. Many philosophers treat the Identity Thesis as a commonplace or a truism. Accordingly, the Identity Thesis has been used to rule out certain ontological views about reasons. I distinguish a deliberative and an explanatory version of the (...) Identity Thesis and argue that there are no convincing arguments to accept either version. Furthermore, I point out an alternative to the Identity Thesis. The relation between motivating and normative reasons can be thought of as one of representation, not identity. (shrink)

The idea of paying donors in order to make more human bodily material available for therapy, assisted reproduction, and biomedical research is notoriously controversial. However, while national and international donation policies largely oppose financial incentives they do not treat all parts of the body equally: incentives are allowed in connection to the provision of some parts but not others. Taking off from this observation, I discuss whether body parts differ as regards the ethical legitimacy of incentives and, if so, why. (...) I distinguish two approaches to this issue. On a ”principled” approach, some but not all body parts are inherently special in a way that proscribes payment. On a ”pragmatic” approach, the appropriateness of payment in relation to a specific part must be determined through an overall assessment of e.g. the implications of payment for the health and welfare of providers, recipients, and third parties, and the quality of providers’ consent. I argue that the first approach raises deep and potentially divisive questions about the good life, whereas the second approach invokes currently unsupported empirical assumptions and requires difficult balancing between different values and the interests of different people. This does not mean that any attempt to distinguish between body parts in regard to the appropriateness of payment necessarily fails. However, I conclude, any plausible such attempt should either articulate and defend a specific view of the good life, or gather relevant empirical evidence and apply defensible principles for weighing goods and interests. (shrink)

Starting with Kant’s doubts about psychology as a natural science capable of explaining human behavior, several alternative attempts to conceive of human life, culture and history are examined. Kant proposes an anthropology that will be a commonly useful human science rather than a universally valid natural science. This anthropology relates to philosophy as a mode of world-cognition. Special attention is given to how Kant’s theory of right can help define our appropriate place in a communal world. The different ways in (...) which Wilhelm Dilthey and Hermann Cohen respond to Kant’s idea of legitimate appropriation are also considered. The various tasks that descriptive elucidation, explanation, reflective understanding, characterization and interpretation can perform for the human and cultural sciences are examined throughout the essay.Keywords: Appropriation; Hermann Cohen; Culture; Wilhelm Dilthey; Human sciences; Immanuel. (shrink)

When clinical ethics committee members discuss a complex ethical dilemma, what use do they have for normative ethical theories? Members without training in ethical theory may still contribute to a pointed and nuanced analysis. Nonetheless, the knowledge and use of ethical theories can play four important roles: aiding in the initial awareness and identification of the moral challenges, assisting in the analysis and argumentation, contributing to a sound process and dialogue, and inspiring an attitude of reflexivity. These four roles of (...) ethical theory in clinical ethics consultation are described and their significance highlighted, while an example case is used as an illustration throughout. (shrink)

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed (...) in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can be grounded directly in moral duties. The author explains some of Kant’s reasons for rejecting this assumption and concludes that arguments pertaining to the legality of kidney sales developed on the basis of Kant’s moral philosophy should no longer be considered tenable. (shrink)

Ronald Dworkin’s unity of value thesis underlies his influential moral, political, and legal thought. This essay presents an interpretation of the unity thesis designed to isolate its distinctly ethical character, elaborate Dworkin’s fundamental ethical arguments for it, and to utilize this reconstruction to correct misinterpretations that, I argue, underlie recent criticism. This criticism largely depends on construing the unity thesis within a familiar dualistic meta-ethical framework according to which Dworkin’s theory of value is classified as either constructivist or realist in (...) character. Both options, however, misapprehend the epistemological framework within which Dworkin defends value judgments in general, and therefore fail to challenge his use of that framework in defending the unity of value in particular. Correcting this oversight is essential to a proper understanding of Dworkin’s novel account of moral epistemology and of the moral and political program that his unity thesis sponsors. The paper concludes by suggesting how more profitable criticism of the unity of value might proceed. (shrink)

Nylig igangsatte FN Post-2015, sin nye utviklingsagenda. Sentralt er en global kamp for bedret helse, hvor det å leve et menneskeverdig liv står i sentrum. Imidlertid er forståelsen av selve helsebegrepet omstridt. Noen mener at det bør knyttes an til jus og menneskerettigheter, mens andre foreslår etikk og menneskeverd. Dette hviler i sin tur på motstridende menneskesyn i den globale helseetiske diskursen, nemlig mennesket som enten autonomt eller avhengig. I artikkelen analyserer jeg denne debatten ut fra det jeg hevder er (...) Martha Nussbaums globale helseetikk, som baseres på hennes kapabilitetstilnærming så vel som begrep om ‘helse som livskvalitet’. Min konklusjon er at Nussbaums normative begrunnelse for Post-2015 ut fra et kroppslig forankret menneskeverd er det mest overbevisende av de to konkurrerende svarene.Nøkkelord: global helseetikk, Martha Nussbaum, menneskeverd, menneskerettigheter, post-2015English summary: Living a dignified life - Martha Nussbaum's global health ethicsThe UN recently launched Post-2015, which is its new development agenda. Central here is the global struggle for improved health, in which what it takes to live a dignified life is stressed. However, the understanding of the notion of health is disputed. Some believe that it should be linked to law and the human rights, while others suggest ethics and human dignity. Which in turn rests on conflicting stands in the global health ethical discourse regards to the view of humanity, namely either as autonomous or dependent. In the paper I analyse this discourse, in which my point of departure is Martha Nussbaum’s capabilities approach as well as her concept of health as life quality. This I read exactly as a global health ethics. Thus, I conclude that between the two competing answers, Nussbaum’s normative justification for Post-2015 on the basis of bodily grounded human dignity is the most convincing.Keywords: global health ethics, Martha Nussbaum, human dignity, human rights, Post-2015. (shrink)

The dead donor rule states that organ donors must be declared dead before any vital organs are removed. Recently, scholars and physicians have argued for the abandonment of the dead donor rule, based on the rule’s supposed connection with the concept of brain death, which they view as a conceptually unreliable definition of death. In this essay, I distinguish between methods of death determination and the question of whether or not the dead donor rule should be a guiding principle of (...) organ transplant ethics. In principle, the dead donor rule does not rely on any one definition of death, but only prohibits the taking of vital organs before a patient is declared dead. In light of this distinction, I argue that even if the dead donor rule is tied to brain death in practice, conceptual disagreement about brain death does not provide grounds for rejection of this rule. I then present evidence in support of the consistency and reliability of the diagnosis of brain death. I show that, when performed carefully and under specific clinical circumstances, the diagnosis of brain death is considered by most neurologists to be reliable. Finally, I argue that, without the dead donor rule, organ transplantation programs would become susceptible to violations of the ethical principle of respect for persons. (shrink)

In this paper, I focus on analyzing the manifestation and significance of respect. I first illustrate the two meanings of jing 敬 and their connection in Confucian classical texts, which is helpful to understand the Confucian phenomenology of respect. The two meanings are seriousness as a mind-state and respect as an intentional feeling. After clarifying this point, I undertake a phenomenological analysis of respect, in order to show that respect helps one to achieve moral pursuit. This analysis takes the Kantian (...) notion of respect as a starting point but further is accomplished by the phenomenology of value and feeling. The respect for duties and affairs, the respect for personhood and dignity, and the respect for the worthy with merit motivate one to take moral actions. For example, respect contributes in taking one’s duties seriously, appreciating human beings’ spiritual values and good tendencies even when they have not been actualized, supporting the worthy to play a role, and emulating the worthy to make a contribution and serve others. In Subsequently, I clarify how respect helps one to achieve religious pursuit in one form of Christianity, in light of Max Scheler’s discussion on humility and reverence. Through revering God one respects others; through serving God and participating in God’s humble spirit one serves others. I elucidate the Confucian classics’ discussions on religious experience, in order to show how respect helps one to achieve religious pursuit in one form of Confucianism, and how it is similar and different from Max Scheler’s clarification. The concrete relation between respect and li 禮 in the Confucian tradition will be treated in another work. (shrink)

This essay examines the classical Confucian perspective on the topic of happiness through the lens of three Western theories: hedonism, desire satisfaction theory, and objective list theory. My analysis of the two classical texts—the Analects and the Mencius —reveals that three salient aspects of the Confucian conception of happiness, namely ethical pleasure, ethical desire, and moral innocence, play the fundamental role in the guidance and evaluation of an individual’s life. According to Confucius and Mencius, happiness consists primarily not in pleasure, (...) but in ethical pleasure; the good life is not a life in which all or most of one’s desires are fulfilled, but a life in which the satisfaction of prudential desires is subject to the constraint of ethical desire; the source of the greatest happiness lies not in the attainment of the greatest political power, but rather in the cognizance of one’s moral innocence. For classical Confucian thinkers, the relationship between happiness and the good life is that happiness is a critically important constituent of the good life. However, happiness—defined in terms of pleasure, desire satisfaction, or a list of goods—needs to be tempered by moral constraints. In light of their views on happiness and the good life, I conclude that Confucius and Mencius each lived a good life that exemplified the three salient features of happiness, and to that extent they were happy. (shrink)

In the early modern period, contempt emerged as a persistent theme in moral philosophy. Most of the moral philosophers of the period shared two basic commitments in their thinking about contempt. First, they argued that we understand the value of others in the morally appropriate way when we understand them from the perspective of the morally relevant community. And second, they argued that we are naturally inclined to judge others as contemptible, and that we must therefore interrupt that natural movement (...) of sense-bestowal in order to value others in the morally appropriate way. In this paper I examine in detail the arguments of Nicolas Malebranche and Immanuel Kant concerning the wrongness of contempt, emphasizing the ways in which they depend on conceptions of community and of the interruption of moral sense-bestowal. After showing how each of these arguments fails to comprehend the nature and the wrongness of contempt, I argue that we can find the resources for a more adequate account in the work of Jean-Luc Nancy, and specifically in his reflections on ontology and on the meaning of community. (shrink)

Dignity, according to some recent arguments, is a useless concept, giving vague expression to moral intuitions that are better captured by other, better defined concepts. In this paper, I defend the concept of dignity against such skeptical arguments. I begin with a description of the defining features of the Kantian conception of dignity. I then examine one of the strongest arguments against that conception, advanced by Arthur Schopenhauer in On the Basis of Morality. After considering some standard accounts of dignity, (...) showing how they fail adequately to address Schopenhauer’s concern, I propose and defend a new account of dignity, drawing on the ontology of Jean-Luc Nancy. (shrink)

Given current studies in moral psychology and following recent cases of wrong behaviour occurred in elite sporting events ? e.g. the racist chants scandals in the English Premier League or the events following Mourinho's poke in the eye scandal ? I shall analyse the extent to which supporters' brain make-up is determining them to behave in an ?unfair way?. Yet this paper is not just a work on descriptive ethics, but a normative ethics work. Therefore, once I have developed the (...) ?psycho-biological account of sports supporters?, I shall explore whether or not a more virtuous account of sports supporting can be drawn. In order to fulfil this normative task I shall appeal to the concept of ?fair play?. The common view of fair play defines it as ?the act of abiding by the rules?. However, my account of fair play is more complex and it is based on the moral principle of respecting others. This is the reason why fair play is not just something related to athletes but to supporters as well. To conclude, I shall sketch the boundaries of fair-play-based supporting behaviour in order to propose some policies or strategies that can help us to promote a ?healthy? and virtuous behaviour among fans. (shrink)

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first outline of the (...) similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)