Haji argues that determinism threatens deontic morality, not via a threat to moral responsibility, but directly, because of the principle that ‘ought’ implies ‘can’. Haji’s argument requires not only that we embrace an ‘ought’ implies ‘can’ principle, but also that we adopt the principle that ‘ought’ implies ‘able not to’. I argue that we have little reason to adopt the latter principle, and examine whether deontic morality might be destroyed on the basis of the more commonly embraced ‘ought’ implies ‘can’ (...) principle alone. I argue that despite what look like initially compelling reasons why we might suppose that this weaker conclusion is similarly destructive to deontic morality, we actually have good reason to doubt that it has any practical relevance for moral deliberation at all. (shrink)

In recent literature, it has been suggested that Lange’s social and political philosophy is separate from his neo-Kantian program. Prima facie, this interpretation makes sense given that Lange argues for an account of social norms that builds on Darwin and Smith rather than on Kant. Still, this paper argues that elements of psychophysiological transcendentalism can be found in Lange’s social and political philosophy. A detailed examination of the second edition of the History of Materialism, Schiller’s Poems, and the second edition (...) of The Worker’s Question reveals that Lange sought to develop a systematic foundation of psychophysiological transcendentalism that is presupposed in his social and political philosophy. This allows for a more detailed understanding of Lange’s practical philosophy and assures him a position in the tradition of neo-Kantian socialism. (shrink)

En los textos de Kant sobre los deberes hacia uno mismo cabe distinguir dos líneas argumentativas diferentes: una en las Lecciones de ética de 1784/1785, y la otra en la Metafísica de las costumbres. Este artículo defiende la línea argumentativa de las Lecciones de ética y reivindica un deber hacia uno mismo: el deber de no dejarse utilizar por otros. Posteriormente se analizan algunas objeciones que se han formulado o que es posible formular contra este concepto.

Definition of the problem Commercialisation of hospitals undermines medical professionalism and modifies patient care. What should be enforced by or expected from or required of the institutional actors in the health care system to do in order to preserve these values? Arguments The said three types of commitment in colloquial language are corroborated by referring to Kant’s moral philosophy and applied to the main actors. Conclusion Defense against organisational measures that devaluate professionalism can be required of legislation only if the (...) medical profession obliges itself publicly to use its means to resist unprofessional incentives. (shrink)

Post-mortem reproduction is a complex and contested matter attracting attention from a diverse group of scholars and resulting in various responses from a range of countries. Vietnam has been reluctant to deal directly with this matter and has, accordingly, permitted post-mortem reproduction implicitly. First, by analysing Vietnam’s post-mortem reproduction cases, this paper reflects on the manner in which Vietnamese authorities have handled each case in the context of the contemporary legal framework, and it reveals the moral questions arising therefrom. The (...) article then offers an account of Vietnamese social norms as an explanation for the tendency to conduct post-mortem reproduction. In arguing that a deeper and more thorough examination of the moral and ethical reasoning is required, the paper advocates in favour of supportive post-mortem reproduction regulation. In doing so, the paper seeks to reconcile the Vietnamese legal framework and post-mortem reproduction experiences of other countries. The article concludes that Vietnam and countries sharing the similar cultural traits should permit post-mortem reproduction explicitly. This would require full engagement with the ethical and legal issues arising, and careful promulgation of regulations and guidelines based on comparative experiences of a range of countries in handling this matter. (shrink)

In ‘Human Fallibility and the Need for Forgiveness’, Claudia Blöser has proposed a Kantian account of our reasons to forgive that situates our moral fallibility as their ultimate ground. Blöser argues that Kant’s duty to be forgiving is grounded on the need to be relieved from the burden of our moral failure, a need that we all have in virtue of our moral fallible nature, regardless of whether or not we have repented. Blöser claims that Kant’s proposal yields a plausible (...) account of the normative status of forgiveness. Kant classifies the duty to be forgiving as a wide duty of virtue, and according to Blöser, this means that Kantian forgiveness is elective in the sense that forgiveness is good in general but without being obligatory in each particular case. In the course of presenting her own reconstruction of Kant’s account, Blöser also objects to some aspects of an interpretation of Kant’s theory of forgiveness which I had previously defended in my paper ‘Forgiveness and Moral Development’. Although there are a lot of points of agreement between our interpretations, the aim of this article is to highlight four key points of disagreement. These issues are worth discussing because they have implications not only for a plausible interpretation of a recognisable Kantian account of forgiveness but also for wider debates in the contemporary literature on forgiveness. First, I show that Kant is not committed to a form of weak situationism as suggested by Blöser and that Kant’s grounding of the duty to be forgiving does not appeal to moral luck. Second, I argue that although Kant’s duty to be forgiving is elective in one sense of the term, it is not elective in another important sense of the term, and that it is in fact better not to interpret Kantian imperfect duties as being elective. Third, I show that awareness of moral fallibility per se does not provide a morally appropriate ground for forgiveness and offer an alternative reconstruction of Kant’s account- in which fallibility plays a role, but it is not the main reason to forgive. Finally, I argue that Blöser’s account of the need to be forgiven is not recognisable Kantian because, from a Kantian perspective, repentance is a necessary condition for the desirability and, in fact, the very possibility of ameliorating our own guilt. (shrink)

In this paper, I will develop a set of boulesic-doxastic tableau systems and prove that they are sound and complete. Boulesic-doxastic logic consists of two main parts: a boulesic part and a doxastic part. By ‘boulesic logic’ I mean ‘the logic of the will’, and by ‘doxastic logic’ I mean ‘the logic of belief’. The first part deals with ‘boulesic’ concepts, expressions, sentences, arguments and theorems. I will concentrate on two types of boulesic expression: ‘individual x wants it to be (...) the case that’ and ‘individual x accepts that it is the case that’. The second part deals with ‘doxastic’ concepts, expressions, sentences, arguments and theorems. I will concentrate on two types of doxastic expression: ‘individual x believes that’ and ‘it is imaginable to individual x that’. Boulesic-doxastic logic investigates how these concepts are related to each other. Boulesic logic is a new kind of logic. Doxastic logic has been around for a while, but the approach to this branch of logic in this paper is new. Each system is combined with modal logic with two kinds of modal operators for historical and absolute necessity and predicate logic with necessary identity and ‘possibilist’ quantifiers. I use a kind of possible world semantics to describe the systems semantically. I also sketch out how our basic language can be extended with propositional quantifiers. All the systems developed in this paper are new. (shrink)

We investigate how social comparison processes in leader treatment quality impact group members’ self-worth, affect, and behavior. Evidences from the field and the laboratory suggest that employees who are treated kinder and more considerate than their fellow group members experience more self-worth and positive affect. Moreover, the greater positive self-implications of preferentially treated group members motivate them more strongly to comply with norms and to engage in tasks that benefit the group. These findings suggest that leaders face an ethical trade-off (...) between satisfying the moral standard of treating everybody equally well and satisfying individual group members’ desire to be treated better than others. (shrink)

Moral purism is a commonly held view on moral worthiness and how to identify it in concrete cases. Moral purists long for a moral world in which (business) people—at least sometimes—act morally worthy, but in concrete cases they systematically discount good deeds as grounded in self-interest. Moral purism evokes moral cynicism. Moral cynicism is a problem, both in society at large and the business world. Moral cynicism can be fought by refuting moral purism. This article takes issue with moral purism. (...) The common strategy to tackle moral purism is to reject the exclusion thesis which states that self-interest and the ‘pure’ moral motive (and thus moral worthiness) exclude each other. We develop a different strategy. We argue that moral purists are mistaken in the way they judge moral worthiness in concrete cases. They employ the wrongprocedureand the wrongcriteria.We develop a proper procedure and proper criteria. We build on Kant, who we argue is unfairly regarded as the champion of moral purism. In order to see how Kant can develop a consistent (non-purist) philosophy, the exclusion thesis must be embedded in Kant’s transcendental philosophy. Properly embedded, Kant turns out to be both anti-purist and anti-cynical. (shrink)

I argue that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as (...) a holistic procedure for assessing the salience of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases, but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. (shrink)

The well-known Kantian passage on misology in the Foundations of the Metaphysics of Morals starts making fuller sense when located within the framework of Kant writings on philosophy of history where he contrasts civilization with moralization as two different phases in the growth of humankind. In this context, the growth of commerce and manufactures plays a distinctive role, namely that of means of fostering civilization, while pursuing a deceptive goal, namely happiness. Deception plays a basic role in the growth of (...) mankind, in so far as it allows for a hidden twofold teleology in human action. Men, while following the dictates of self-love, are systematically mistaken about the results they actually contribute in bringing about. Commerce brings different peoples into mutual relationship and thus paves the way to a cosmopolitan society. The growth of the arts and sciences provides preconditions for the growth of learned institutions, a free press, and a public opinion that are the basis on which reason may start being used in its critical capacities. This, that is Enlightenment, is a preliminary step to moralization, that is the jump of individuals from a state of minority to a state where they are masters of themselves. The twofold teleology of human action makes room for a system of "pragmatic" ends, and of laws connected to the former, that may be studied rationally in themselves and yet are connected to the higher ends established by reason in its "practical" capacities. (shrink)

There is a fundamental incompatibility between a developmental orientation to education and instrumental and scientistic conceptions of rationality that dominate educational inquiry. An expanded conception of rationality is provided in the critical theory of Jurgen Habermas. This study draws on Habermas' work to present a theory of inquiry that is consistent with a developmental perspective. I distinguish three interdependent realms of experience--the objective world of nature, the intersubjective world of society and the subjective world of each individual. Then, I argue (...) that current conceptions of rationality tend to reduce personal and interpersonal experience to the objective material realm. Under prevailing conceptions, human action is rational when it pursues valued ends guided by knowledge about the world and effective means-ends relationships. Both theories of knowledge and theories of value in these conceptions are inadequate for a developmental orientation. -/- First, knowledge is defined as justified true belief. Theories of truth are based on the correspondence of beliefs with an external world; theories of justification are based on perceptual certainty. These conceptions objectify experience by making experience an object of natural science and instrumental action separate from and external to the person. Such conceptions reduce experience to the objective material dimension and cannot adequately account for the personal and interpersonal dimensions of human experience and understanding. -/- Second, because value claims are not capable of justification by these standards, they are considered ultimately irrational and treated as subjectively held empirical properties of individuals. The only standard of rationality is efficiency and economy in the selection of means. Ethics is reduced to empirical science. But the removal of practical questions from public discourse divests action of ethical significance. With its strict separation of descriptive and normative domains, empirical-analytic inquiry can neither acknowledge its standard of instrumental efficiency nor reach into the practical arena to guide the selection of values and ends that orient and gude human action. Practical questions that cannot be framed in terms of technical problems cannot be taken seriously. -/- Whereas these conceptions of rationality are generally derived from theories of experienced based on individual consciousness, Habermas looks to language for a more adequate account of the intersubjective nature of experience. This account provides an expanded conception of rationality with theories for justifying beliefs and actions that incorporate the personal and interpersonal dimensions of experience so critical to a developmental perspective. Through an analysis of the universal pragmatic structure of language directed to the resolution of problematic truth claims and moral claims, this study presents a consensus theory of truth (for a more adequate theory of knowledge) and a communicative theory of ethics (based on a more adequate theory of human values). -/- The concept of truth refers to a universal pragmatic convention of the unforced agreement of an ideal community of inquirers. Ethical conduct is guided by norms that reflect a rational general will and that regulate genuine human needs. Problematic truth claims and moral claims are discursively justified by the force of the better argument under the conditions of an anticipated "ideal speech situation" inherent in the very structure of communication. Furthermore, a theory of inquiry is developed in which inquiry processes are represented as historically evolved extensions of developmental process in the three realms of experience. Three interrelated forms of inquiry are derived--empirical-analytic, hermeneutic and critical. I derive each from its respective experiential realm, and indicate the logic of inquiry, object domain, and kind of knowledge gained from each. -/- An exploration of the relationship between inquiry and development provides a foundation for a developmental orientation to education. Finally, the theory is contrasted with prevailing inquiry approaches in education and illustrated with an application to a particular educational problem. (shrink)

According to many criteria, agency, intentionality, responsibility and freedom of decision, require conscious decisions. Freud already assumed that many of our decisions are influenced by dynamically unconscious motives or that we even perform unconscious actions based on completely unconscious considerations. Such actions might not be intentional, and perhaps not even actions in the narrow sense, we would not be responsible for them and freedom of decision would be missing. Recent psychological and neurophysiological research has added to this a number of (...) phenomena (the "new unconscious") in which behavior is completely unconscious or in which the decision or its execution is influenced by unconscious factors: priming, automatic behavior, habitualized behavior, actions based on plain unconscious deliberations, intrusion of information from the dorsal pathway, etc. However, since this makes up the largest part of the behavior which is generally regarded as action, intentionality, yet agency, responsibility and even compatibilist freedom of decision for the largest part of our behavior may be threatened. Such considerations have led to a lively debate, which, however, suffers from generalizations that lump all these unconscious phenomena together. In contrast, the aim of this article is to discuss individual unconscious influences on our behavior separately with respect to what extent they require changes in traditional conceptualizations. The first part (2-4) of the article outlines the "traditions" and their elaborations: the intentional causalist concept of action, an associated empirical theory of action and standard concepts of responsibility and compatibilist freedom of decision, as well as the challenges for them. In the second part (5-9), the aforementioned unconscious influences on our actions (except for automated and habitualized actions, which I discuss elsewhere) are examined: 1. unconscious priming, 2. dynamically unconscious motives, 3. dorsal pathway information influencing conscious decisions, 4. unconsciously altered execution of conscious intentions, 5. unconscious deliberations and decisions. To what extent do these phenomena C1. require a change in the concept of action, C2. curtail intentionality or agency, C3. responsibility and C4. freedom? The result is: The curtailments prove to be far less dramatic than they initially appear; they require more watchfulness but no conceptual change. (shrink)

Eine der frühesten Schriften des jungen Karl Marx — die Dissertationsschrift „Differenz der demokritischen und epikureischen Naturphilosophie“ — legt wichtige Fundamente für das gesamte Marx’sche Denken. In der Dissertationsschrift versucht Marx anhand des Vergleichs der antiken Naturphilosophien Demokrits und Epikurs grundlegende Erkenntnisse der theoretischen und praktischen Philosophie in einem komplexen, von Hegel inspirierten ontologischen System zu verbinden. Aus dieser kritischen Synthese antiker Naturphilosophien entsteht so eine auf Hegelschen Begriffen basierende, aber gleichzeitig reformierte Idee der Praxis. Auf diesen Grundlagen sowie mit (...) Hilfe des über die Kritik an Epikur und Hegel gewonnenen Begriffs der Entfremdung entwickelt Marx den dialektischen Materialismus der Naturphilosophie. Dem inhaltlichen Aufbau der Dissertationsschrift folgend wird in dem Aufsatz die Marx’sche Naturphilosophie diskutiert. Dabei werden die wichtigsten Begriffe des Marx‘schen Denkens, wie etwa Materialismus, Dialektik, Entfremdung oder Einheit von Theorie und Praxis in der Dissertationsschrift von Karl Marx ausgearbeitet. (shrink)

The question of whether AI systems such as robots can or should be afforded moral agency or patiency is not one amenable either to discovery or simple reasoning, because we as societies constantly reconstruct our artefacts, including our ethical systems. Consequently, the place of AI systems in society is a matter of normative, not descriptive ethics. Here I start from a functionalist assumption, that ethics is the set of behaviour that maintains a society. This assumption allows me to exploit the (...) theoretical biology of sociality and autonomy to explain our moral intuitions. From this grounding I extend to consider possible ethics for maintaining either human- or of artefact-centred societies. I conclude that while constructing AI systems as either moral agents or patients is possible, neither is desirable. In particular, I argue that we are unlikely to construct a coherent ethics in which it it is ethical to afford AI moral subjectivity. We are therefore obliged not to build AI we are obliged to. (shrink)

ABSTRACT:This article examines the place of Machiavelli’sPrincein the history of ethics and the history of leadership philosophy. Close scrutiny indicates that Machiavelli advances an ethical system for leadership that involves uprooting corruption and establishing rule of law. He draws on history and current affairs in order to obtain a realistic understanding of human behavior that forms a basis for a consequentialist ethics. While he claims a good leader might do bad things, this is in situations where necessity constrains a prince (...) to choosing the “least bad” course of action. Furthermore, Machiavelli advocates winning the goodwill of followers through leadership as a source of power. Machiavelli’s leadership ethics has a sophistication not fully enjoyed by his reputation in management scholarship. He would not score as especially “Machiavellian” on the Mach IV. Many of his ideas contain seeds for theories that are now considered important for leadership today. (shrink)

Gustav Radbruch is one of the most important German‐speaking philosophers of law of the twentieth century. This paper raises the question of how to classify Radbruch's theories in the international context of legal philosophy and philosophy in general. Radbruch's work was mainly influenced by the southwest German school of Neo‐Kantianism, represented by Windelband, Rickert, and Lask. Their theories of culture and value show an affirmative‐holistic understanding of philosophy as a source of wisdom and meaningfulness. Kant, on the other hand, belongs (...) more to a fundamentally different, critical camp of philosophy. Although Radbruch has incorporated Kantian Elements into his theory, he is rather a member of the affirmative‐holistic camp. In the end the question will be raised as to what ought to be preserved of his philosophy. (shrink)

Hans-Georg Gadamer é reconhecido como um dos mais importantes filósofos do famoso linguistic turn. Malgrado a aparente recepção de seus debates filosóficos no campo da hermenêutica jurídica e, mais recentemente, da ética do direito, o seu conceito de direito ou, mais precisamente, os fundamentos de uma possível filosofia do direito gadameriana nunca foram submetidos a uma investigação jusfilosófica mais detalhada. Em parte porque a maioria dos comentadores da obra de Gadamer continua a ler seus escritos com uma forte referência às (...) categorias ontológicas da sua obra magna, Verdade e Método. Neste ensaio, entretanto, propõe-se o estudo de alguns conceitos fundamentais da obra de Gadamer, em especial, os desenvolvidos em seus escritos posteriores, a fim de proporcionar uma visão mais adequada acerca dos fins, estrutura e fundamentos da sua ideia de direito. A tese principal deste estudo consiste em apresentar uma das possíveis interpretações do conceito aristotélico de phronesis como a principal fonte da contribuição de Gadamer para a filosofia prática e, por conseguinte, para o direito. Como consequência, será possível esclarecer, de forma não ontológica, os pontos básicos do projeto ético proposto por Gadamer e a fricção praxis-theoria presente no seu conceito de direito. (shrink)

Obgleich die Ausdrücke ‚moralische Pflicht’ und ‚moralische Verantwortung’ auf den ersten Blick nahezu austauschbar scheinen, ist in einigen Debatten dennoch fast ausschließlich von moralischer Verantwortung die Rede. Dies gilt insbesondere für die moralische Beurteilung von individuellen Handlungen in kollektiven Kontexten. Hier scheint die Rede von einer ‚kollektiven Verantwortung‘ besonders attraktiv zu sein. In diesem Aufsatz setze ich mich diesem Trend entgegen und argumentiere dafür, dem Pflichtbegriff in kollektiven Kontexten gegenüber dem Begriff der Verantwortung den Vorrang zu geben. Mein Fokus liegt (...) hierbei auf einer bestimmten Art von Handlungen in kollektiven Kontexten, nämlich auf Handlungen in sogenannten Aggregatkollektiven. Von Aggregatkollektiven verursachte Schäden sind häufig kumulative Schäden, bei denen die Handlungen der Mitglieder eines Aggregatkollektivs einzeln betrachtet keinen merklichen Unterschied für das Auftreten des Schadens machen. Die Rede von Verantwortung legt ein Haftbarkeitsmodell moralischer Verantwortung nahe, welches sich in Bezug auf Handlungen in Aggregatkollektiven als problematisch erweist. Ich zeige, dass Kants Konzeption unvollkommener Pflichten eine vielversprechende Alternative zu dem kausal gefärbten Begriff der moralischen Verantwortung darstellt. Durch den Spielraum, den unvollkommene Pflichten Akteuren lassen, bieten sie eine ähnliche Offenheit wie der Begriff der moralischen Verantwortung. Anders als die Zuschreibung von Verantwortung vermeidet die Rede von unvollkommenen Pflichten jedoch die in kollektiven Kontexten oft inadäquate und kontraproduktive Assoziation von Haftung und Schuld. (shrink)

Im diesem Aufsatz nehme ich die Popularität des Verantwortungsbegriffs in der Alltagssprache zum Anlass, um seinem Verhältnis zum Pflichtbegriff auf den Grund zu gehen. Dabei unterziehe ich den Verantwortungsbegriff zunächst einer allgemeinen Analyse. Anschließend diskutiere ich in Gestalt von Indeterminismus, Amoralismus und Interaktionismus drei Modi der missbräuchlichen Verwendung dieses Begriffs. Dabei handelt es sich jedoch bei genauerer Betrachtung um allgemeine rhetorische Verschleierungsstrategien, die nicht an die Verwendung des Verantwortungsbegriffs gebunden sind, sondern in der kommunikativen Bezugnahme auf moralische Forderungen generell auftreten (...) können. Dies verdeutlicht auch die anschließende Analyse des Pflichtbegriffs, der einige grundlegende Ähnlichkeiten zum Verantwortungsbegriff aufweist. Ex negativo zeigt sich so jedoch, wie ein nicht missbräuchlicher Rekurs auf beide philosophischen Grundbegriffe möglich ist. Darüber hinaus werden auch die Unterschiede dieser Termini deutlich. Der Pflichtbegriff ist trotz einiger wesentlicher Gemeinsamkeiten weniger vielseitig als der Verantwortungsbegriff und daher zumindest in der Auseinandersetzung mit einigen Themen der praktischen Philosophie weniger gut als Grundbegriff geeignet. Gleichwohl zeigt sich, dass die Frage „Verantwortung oder Pflicht?“ uns vor eine falsche Alternative stellt, wenn sie im ausschließenden Sinn verstanden wird. (shrink)

Forgiveness is clearly an important aspect of our moral lives, yet surprisingly Kant, one of the most important authors in the history of Western ethics, seems to have very little to say about it. Some authors explain this omission by noting that forgiveness sits uncomfortably in Kant’s moral thought: forgiveness seems to have an ineluctably ‘elective’ aspect which makes it to a certain extent arbitrary; thus it stands in tension with Kant’s claim that agents are autonomous beings, capable of determining (...) their own moral status through rational reflection and choice. Other authors recognise that forgiveness plays a role in Kant’s philosophy but fail to appreciate the nature of this duty and misrepresent the Kantian argument in support of it. This paper argues that there is space in Kant’s philosophy for a genuine theory of forgiveness and hopes to lay the grounds for a correct interpretation of this theory. I argue that from a Kantian perspective, forgiveness is not ‘elective’ but, at least in some cases, morally required. I claim that, for Kant, we have an imperfect duty of virtue to forgive repentant wrongdoers that have embarked on a project of self-reflection and self-reform. I develop a novel argument in support of this duty by drawing on Kant’s theory of rational agency, the thesis of radical evil, Kant’s theory of moral development, and the formula of humanity. However, it must be noted that this is a conditional duty and Kant’s position also entails that absence of repentance on the part of the wrongdoer should be taken as evidence of a lack of commitment to a project of self-reflection and self-reform. In such cases, Kant claims, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. I argue that this duty should be understood as one of the duties of self-esteem, which involves the duty to respect and recognise our own dignity as rational beings. (shrink)

We ask why pharmacological cognitive enhancement (PCE) is generally deemed morally unacceptable by lay people. Our approach to this question has two core elements. First, we employ an interdisciplinary perspective, using philosophical rationales as base for generating psychological models. Second, by testing these models we investigate how different normative judgments on PCE are related to each other. Based on an analysis of the relevant philosophical literature, we derive two psychological models that can potentially explain the judgment that PCE is unacceptable: (...) the “Unfairness-Undeservingness Model” and the “Hollowness-Undeservingness Model.” The Unfairness-Undeservingness Model holds that people judge PCE to be unacceptable because they take it to produce unfairness and to undermine the degree to which PCE-users deserve reward. The Hollowness-Undeservingness Model assumes that people judge PCE to be unacceptable because they find achievements realized while using PCE hollow and undeserved. We empirically test both models against each other using a regression-based approach. When trying to predict judgments regarding the unacceptability of PCE using judgments regarding unfairness, hollowness, and undeservingness, we found that unfairness judgments were the only significant predictor of the perceived unacceptability of PCE, explaining about 36% of variance. As neither hollowness nor undeservingness had explanatory power above and beyond unfairness, the Unfairness-Undeservingness Model proved superior to the Hollowness-Undeservingness Model. This finding also has implications for the Unfairness-Undeservingness Model itself: either a more parsimonious single-factor “Fairness Model” should replace the Unfairness-Undeservingness-Model or fairness fully mediates the relationship between undeservingness and unacceptability. Both explanations imply that participants deemed PCE unacceptable because they judged it to be unfair. We conclude that concerns about unfairness play a crucial role in the subjective unacceptability of PCE and discuss the implications of our approach for the further investigation of the psychology of PCE. (shrink)

Transcendental conceptions of subjectivity, beginning with Descartes and including Kant, Fichte, and Husserl as well as neo-transcendental accounts of the 20th century, try to explicate a subject’s subjectivity as a necessary condition for all theoretical and practical validity claims. According to this conception, only this subject-theoretical presupposition allows for an adequate foundation of terms of authorship of action and self-determination. However, the conceptual self-explication of this position faces some inherent difficulties, which has repeatedly been pointed out even by representatives of (...) this school of thought themselves. Moreover, it seems as if the constitutional achievements of transcendental philosophy are increasingly being detached from philosophy: due to the development of the modern sciences of man, they are step by step conceived as objects of empirical research. This paper looks critically into this thesis of detachment. (shrink)

Many traditional conceptions of ethics use categories and arguments that have been developed under conditions of pre-modern societies and are not useful in the age of globalisation anymore. I argue that we need an economic ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. This conception is then elaborated further in the area of business ethics. It is illustrated in the case for banning child labour.

In seinem Buch ‚Die Quellen des Selbst’ (1989 / 1996) unternahm Charles Taylor den Versuch, die Geschichte der personalen Identität oder des Selbst in der abendländischen Kultur als das Wechselspiel von Individuum und Gesellschaft auf der Grundlage des jeweils allgemein vorgegebenen moralischen Verhältnisses eines Individuums zum Ganzen darzustellen. Das sog. Selbst ist nach Taylor also im Kern ein moralisch verfasstes Selbst im Sinne eines Menschen, der von sich selbst aufrichtig in seiner jeweiligen Epoche sagen kann: Ich bin ein guter Mensch. (...) Taylors Werk endet freilich in Ratlosigkeit. Er weiß nicht, auf welcher verbindlichen Grundlage der heutige, westlich sozialisierte (und zumindest in Europa mehrheitlich säkular orientierte) Mensch von sich noch sagen könnte, er sei ein guter Mensch oder führe ein gutes Leben. Der vorliegende Aufsatz versucht diese Frage zu beantworten, indem er einige Bedingungen der Möglichkeit moralisch fundierter personaler Identität erkundet, die auch und gerade unter heutigen Bedingungen noch erfüllbar sein könnten. Der Aufsatz wird zunächst den Begriff des Guten bei Taylor genauer zu entschlüsseln versuchen, um dann, auch unter Einbeziehung einiger soziologischer Kategorien, das Rahmenwerk einer sog. ‚dynamischen Identität’ zu skizzieren. (shrink)

In “The Irrelevance of the Diachronic Money-Pump Argument for Acyclicity,” The Journal of Philosophy CX, 8 (August 2013), 460-464, Johan E. Gustafsson contends that if Davidson, McKinsey and Suppes’ diachronic money-pump argument in their "Outlines of a Formal Theory of Value, I," Philosophy of Science 22 (1955), 140-160 is valid, so is the synchronic argument Gustafsson himself offers. He concludes that the latter renders irrelevant diachronic choice considerations in general, and the two best-known diachronic solutions to the money pump problem (...) in particular. I argue here that this reasoning is incorrect, and that Gustafsson’s synchronic argument is faulty on independent grounds. Specifically, it is based on a false analogy between the derivation of a synchronic ordinal ranking from a transitive series of pairwise comparisons, and the putative derivation of such a ranking from an intransitive series. The latter is not possible under the assumption of revealed preference theory, and is highly improbable even if that assumption is rejected. Moreover, Gustafsson’s argument raises issues of fidelity to the historical texts that must be addressed. I conclude that the money pump, and cyclical choice more generally, are necessarily diachronic; and therefore that the two best-known diachronic solutions to the money pump problem remain relevant. (shrink)

Das Wiskott-Aldrich-Syndrom (WAS), ein genetisch bedingter Immundefekt mit klinischer Manifestation im Kleinkindalter, wird voraussichtlich in näherer Zukunft erstmals versuchsweise durch eine somatische Gentherapie behandelt werden. Im vor- liegenden Beitrag werden die wichtigsten medizinisch-naturwissenschaftlichen Fakten dieses Krankheitsbildes sowie die bisherigen Erfahrungen mit somatischen Gentherapien bei anderen Immunmangelsyndromen ausführlich dargestellt. Sodann erfolgt eine ethische Analyse eines möglichen gentherapeutischen Eingriffs bei WAS-Patienten, bei der die spezifischen Aspekte des Wiskott-Aldrich-Syndroms – insbesondere die fast ausschließliche Betroffenheit von Kindern sowie die unterschiedlich aussichtsreiche Alter- nativoption einer (...) allogenen Knochenmarktransplantation–wesentliche Aspekte der Beurteilung sind. Im Ergebnis zeigt sich, dass ein gentherapeutischer Eingriff im vorliegenden Fall nicht im Rahmen einer Forschungsstudie, d.h. als Humanexperiment, gerechtfertigt werden kann, sondern allein als individueller Heilversuch. Gleichwohl las- sen die besonderen Risiken und die Innovativität eines solchen Eingriffs es notwendig erscheinen, diesen Heilversuch – anders als andere Heilbehandlungen mit bislang unerprobten Mitteln – in streng kontrollierter Form durchzuführen. Der neuartige Gedanke eines kontrollierten individuellen Heilversuchs zeichnet sich daher für den vorliegenden Fall, und womöglich auch für vergleichbare risikoreiche Behandlungsansätze namentlich im Bereich der Gentherapie, als geeignetes Instrument der Konzeption und Beurteilung ab. (shrink)

Contrary to conventional wisdom, the earlier Western tradition did not customarily deny souls per se to nonhuman animals; when it denied immortal souls to animals, it sometimes deemed that denial a reason for giving greater consideration to animals in their earthly existence. Nor has the Western tradition uniformly deemed animals intended for human use. Further, there was considerable opposition to the Cartesian view of animals as insentient machines, and—even among those who were convinced—it was not unknown for them to deem (...) it inappropriate to rely on that conviction in the treatment of animals. Moreover, Darwin's theory of evolution had neither a novel nor a positive impact on the way in which animals were to be regarded and treated. The study of the history of animal ethics needs to be rethought in a far more nuanced manner. (shrink)

Purpose: To survey the attitudes of the general public in Sweden to biobank research and to discuss the findings in the light of some well-known ethical principles.Methods: A questionnaire was used to survey the opinions of the general public in Sweden, and an ethical analysis (using the principles of autonomy, non-maleficence, beneficence and justice) was performed to discuss the possible conditions of such research.Findings: Between 3 and 9% answered that they did not want their samples to be collected and stored (...) in a biobank. Many respondents required information about the purpose of the research and wanted to be able to consent or refuse. About one third of the respondents said they would have answered differently if financial gain was involved and those who commented indicated a more negative attitude. The principle of autonomy maintains that the right to self-determination should be respected, and the principles of non-maleficence and beneficence that the probable harms and benefits resulting from a particular project by using samples from a biobank should be balanced. The general public disagree about how these principles are to be balanced. Interpretation: In the light of the findings different interpretations of the situation as well as possible alternatives are discussed in this paper. (shrink)

The aim of this paper is to investigate whether or not ethical conflicts can be identified, analysed and solved using ethical principles. The relation between the physician and the patient with ischemic heart disease (IHD) as life style changes are recommended in a secondary prevention program is used as an example. The principal persons affected (the patient and his or her spouse) and the ethical principles (respect for autonomy, non-maleficence, beneficence and justice) are combined in a two dimensional model. The (...) most important person affected by the recommendations is the patient. His or her autonomy is challenged by the suggested life style changes, the purpose of which is to promote the future wellbeing and health of the patient. The spouse is indirectly involved in and affected by the process. He or she often feels neglected by caregivers. Ethical conflicts can both be identified and analysed using ethical principles, but often no solution is implied. Most (if not all) physicians would strongly encourage life style changes, but surprisingly there is no uncontroversial justification for this conclusion using principles. (shrink)

Dieser Band versammelt Beiträge zu den drei klassischen Disziplinen der Philosophie – dem Wahren, dem Guten, dem Schönen. Ihre Autoren zeichnet aus, dass sie aus dem akademischen Umfeld Michael Sukales zu seiner Zeit am Institut für Philosophie an der Carl-von-Ossietzky-Universität Oldenburg stammen. Ihm ist dieses Buch zum Abschied von seiner aktiven Lehrtätigkeit in Oldenburg gewidmet. Die thematische Vielfalt der enthaltenen Texte spiegelt die Bandbreite seines philosophischen Schaffens wider.

Negotiation is mainly treated as a process through which counterparts try to satisfy their conflicting interests. This traditional, subjective approach focuses on the interests-based relation between subjects and the resources which are on the bargaining table; negotiation is viewed as a series of joint decisions regarding the relation of each subject to the negotiated resources. In this paper, we will attempt to outline an intersubjective perspective that focuses on the communication-based relation among subjects, a relation that is founded upon communicative (...) rationality mechanisms which are inherent in social activity. Much in contrast to the concept of interests which describe the relationship of each subject alone to the resources, we will use the concept of ?claim-rights? which are properly formed and validated only vis-à-vis negotiating partners and on the basis of the communication that develops among them. We will offer a step-by-step account of the creation of claim-rights and argue that their validation does not necessarily lie in the parties? interests, but in the communication mechanisms that induce consensus and result in mutually acceptable outcomes. (shrink)

The sacred has survived where religion has not. The sacred is acknowledged by prominent atheists and agnostics. They emphatically agree that the person is sacred and less clearly that nature is as well. Closer examination of their remarks shows that today the sacred comes in two versions, the rightful sacred, best known under the heading of human rights, and the graceful sacred of concrete reality?things and practices of nature and art particularly. The division of the sacred into its rightful and (...) graceful versions (a division that is mirrored in the distinction philosophers make between the right and the good) is the crucial cultural event of the modern era. The two are distinct at least and sometimes thought to be incompatible. Yet they can and must be reconciled and seen as complementary?a general requirement of human well-being. And for a Christian like me they find their perfect union in the truly sacred person?God. (shrink)

Is there any distinctive aspect of rationality that deserves the label of “instrumental rationality”? Recently, Joseph Raz (2005) has argued that instrumental rationality is a “myth”. In this essay, I shall give some qualified support to Raz’s position: as I shall argue, many philosophers have indeed been seduced by certain myths about instrumental rationality. Nonetheless, Raz’s conclusion is too strong. Instrumental rationality is not itself a myth: there really is a distinctive aspect of rationality that deserves the label of “instrumental (...) rationality”. -/- In the first two sections of this essay, I shall start by giving a rough intuitive description of the phenomenon that seems to me the best candidate for the label “instrumental rationality”. As we shall see, this rough description gives us reason to reject some of the myths that surround instrumental rationality. Then in the rest of this essay, I shall try to give a more precise general specification of this phenomenon. In Sections 3 and 4, I shall consider what has been said about instrumental rationality by several other philosophers. Identifying what is missing in these other philosophers’ accounts will help me to develop my own positive specification, which I shall present in Sections 5 and 6. (shrink)

With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. The terrain (...) can be separated into three types of discussion: philosophical, legal and psychiatric. Each discussion approaches mental capacity and judgmental autonomy from a different perspective yet each discussion struggles over two key dilemmas: whether mental capacity and autonomy is/should be a moral or a psychological notion and whether rationality is the key constitutive factor. We suggest that further theoretical work will have to be interdisciplinary and that this work offers an opportunity for the law to enrich its interpretation of mental capacity, for psychiatry to clarify the normative elements latent in its concepts and for philosophy to advance understanding of autonomy through the study of decisional dysfunction. The new pressures on medical and legal practice to be more explicit about mental capacity make this work a priority. (shrink)

Many people hold this truth to be self-evident that universities should enroll more female students in science and engineering; the main question then being how. Typical arguments include possible benefits to women, possible benefits to the economy, and the unfairness of the current female under-representation. However, when clearly stated and scrutinized these arguments in fact lead to the conclusion that there should be more women in scientific disciplines in higher education in the sense that we should expect more women (which (...) various kinds of discrimination may prevent), not that we should actively enroll more women. Outreach programs towards high school students may therefore be logically incompatible with the arguments supposed to justify them. They should purport to allow women to graduate in a field congruent with her abilities and desires, rather than try to draw as many of them to scientific disciplines as possible: one cannot try to ‘recruit’ as many female students as possible while claiming to help them choose more freely. (shrink)

Logic is usually thought to concern itself only with features that sentences and arguments possess in virtue of their logical structures or forms. The logical form of a sentence or argument is determined by its syntactic or semantic structure and by the placement of certain expressions called “logical constants.”[1] Thus, for example, the sentences Every boy loves some girl. and Some boy loves every girl. are thought to differ in logical form, even though they share a common syntactic and semantic (...) structure, because they differ in the placement of the logical constants “every” and “some”. By contrast, the sentences Every girl loves some boy. and Every boy loves some girl. are thought to have the same logical form, because “girl” and “boy” are not logical constants. Thus, in order to settle questions about logical form, and ultimately about which arguments are logically valid and which sentences logically true, we must distinguish the “logical constants” of a language from its nonlogical expressions. (shrink)

There might not be a specific nano-ethics, but there definitely is an ethics of new & emerging science and technology (NEST), with characteristic tropes and patterns of moral argumentation. Ethical discussion in and around nanoscience and technology reflects such NEST-ethics. We offer an inventory of the arguments, and show patterns in their evolution, in arenas full of proponents and opponents. We also show that there are some nano-specific issues: in how size matters, and when agency is delegated to smart devices. (...) Our overall approach is a pragmatist ethics, and we conclude that struggle (and learning) might be more productive than models emphasizing consensus. (shrink)

Laura Valentini’s novel theory, the Agency-Respect View, says that we have a fundamental moral duty to honor other people’s convictions, at least pro tanto and under certain conditions. I raise doubts that such a duty exists indeed and that informative conditions have been specified. The questions that Valentini faces here have a parallel in Kant’s moral philosophy, viz. the question of why one has a duty to value the other’s humanity and the question of how to specify the maxim of (...) one’s action. Additionally, I discuss the concept of a social convention and Valentini’s use of it. (shrink)

On the currently dominant reading of the Groundwork, Kant’s derivation of ‘imperatives of duty’ exemplifies a decision procedure for the derivation of concrete duties in moral deliberation. However, Kant’s response to an often-misidentified criticism of the Groundwork by G. A. Tittel suggests that Kant was remarkably unconcerned with arguing for the practicality of the categorical imperative as a decision procedure. Instead, I argue that the main aim of Kant’s derivation of imperatives of duty was to show how his analysis of (...) the form of moral judgement is indeed presupposed in the four types of moral imperative that philosophers of his time recognized. (shrink)

Tugendhat’s remarks on religion and mysticism are explored in section 5 and 6 of this paper. To this end I outline, in section 1, the role that the criticism of religion has played from its beginnings in philosophy’s self-understanding and its focus on reasoning, which philosophers opposed to the non-reasoning justification of religion. In section 2, I consider philosophy’s relation to empirical statements and to the empirical sciences; in section 3, I discuss Tugendhat’s substitution of anthropology for metaphysics; and in (...) section 4, his moral theory. (shrink)

A pervasive misunderstanding of Confucian philosophy’s concepts considers them to be directives that call for deference and subordination, principally associated with the concept Lǐ 禮 which is understood as rites, rituals, manners, or generally “propriety”. Imposing Lǐ 禮 is considered a path to social and personal harmony. However, an analysis of the conditions and implications of Lǐ 禮 in early Confucian thinking shows that authentic respect, not obedience, is considered the essential condition for good governance and an ordered society. Significantly, (...) authentic respect can only originate from within the self, it cannot be commanded. Based upon self-cultivation, participation in ritual and exemplary conduct establishes a commitment to respect, and the purposeful distinctions expressed through Lǐ 禮 make social order intelligible. Considering the essence of respect in depth, and comparing it to the ethics conceived by Immanuel Kant, neither Confucian nor Kantian ethics are truly deontological in the sense of a “duty that is owed to an external instance”, rather they both rest on the autonomy of the self. A synthesis of both implies that extending authentic respect to an other in an encounter within the context of Lǐ 禮 gives rise to “Existential Reciprocity”: a virtuous cycle which mutually affirms both the self and the other, while rejecting a dichotomous opposition between self-esteem and morality. This is not contingent on external factors, but accessible from a self-determined, autonomous engagement with self-affirming conduct and productive encounters. Benefits are immediate and personal, and this forms the conditions in which harmonious relationships are a natural outcome. (shrink)

The article discusses the concepts of communicative practical philosophy as a component of hermeneutic-linguistic-pragmatic-semiotic turn in philosophy, associated with the transition from the paradigm of subjectivity to the paradigm of intersubjectivity. In particular, the concept of “I” is considered as a factor in the internalization of intersubjectivity, because it is from the very beginning woven into the context of speech practice with the pronoun “I”, which is marked by the reflective “I am I”. The transcendental “I” is the internalization of (...) the transcendental communicative community; the classic concept of “adulthood”, associated with “the courage to be guided by one’s own mind”, is an internal manifestation of communicative competence, which in an internalized form is part of the structure of identity. The mind appears in such definitions as “discourse”, “argumentation”, “consensus”. In turn, discourse differs from other speech practices, such as conversation, talk, debate, dialogue, which also have their own internalizations, forming a complex identity structure. The article deals with the internal “maintenance of discourse” both in the process of substantiation of human knowledge and in the process of justification (legitimation) of the correctness of moral duty. In particular, this is manifested in the formulation of the categorical imperative of moral practice, which is considered in the light of the transition from the monologue dimension to the transcendental-pragmatic one. The article also shows the need to move from a monologue concept of responsibility to a communicative concept of shared responsibility. It is emphasized that such a transition is an urgent need of modern times, a sign of which is the desire to overcome the crisis civilization of “risks and threats” and the formation of a civilization of dialogue based on the argumentative understanding, for which the guiding idea is the “transcendental consensus”. (shrink)

Pollitt and Bouckaert and their neo-Weberian state (NWS) have been chosen as the subject for this essay because the book has become a standard work in the public management movement. It is frequently cited and has been re-published in multiple editions (most recently in 2017). The authors also refer explicitly to Max Weber.This contribution seeks to draw attention to three important aspects, which inevitably overlap with one another:1. There is no Weber in the neo-Weberian State (introduction, 1; section II). Pollitt (...) and Bouckaert fail to grasp that Weber’s understanding of the state [the state as an “institution” (Anstalt); and the state as an “idea of validity” (Geltungsvorstellung)] is not identical to his ideal type of modern bureaucracy; it is the features of the latter on which they draw. The ideal type is a standard measure constructed in order to establish how close any concrete, given instance of bureaucracy comes to it (introduction, 3). Meanwhile, the “neutral official” insisted upon by Weber has “taken their leave” in Germany from important positions (section III, 3). Furthermore, Weber did not address those structures and processes internal to the administration which are precisely the object of interest for the new public management reformers. Weber’s lack of interest arises from the fact the members of anAnstalt, whether it is the state or the Church (WuG, § 15, no. 2), are subject to imposed orders (oktroyierte Ordnungen) and, as such, do not enjoy the “right to have a say”. Scharpf (1973a) was the first to pay particular attention to the problems brought about by specialisation and by the division of labour within the administration that are responsible for an incremental form of politics (section III, 3); even if he later ascribes advantages to the combination of “negative” and “positive coordination” (Scharpf 1991: 18ff.).2. The “legalistic culture” that characterises Germany will be considered in a more differentiated way, drawing on empirical studies which provide information, for example, on how laws (i.e. programmes)actuallyoriginate inside the ministerial apparatus (introduction, 2; section III, 2 and 3) or how use is made of the power of authority (Weisungsrecht) in practice (introduction, 2; section III, 2 and 3), even when, formally, it claims to have validity (section III). In this way, only empirical studies (Benz 1994; Bohne 1981; Dose 1997; Dose/Voigt 1995; Treiber 2007a) prove that the administration that implements laws has often, in practice, become a “negotiative administration” (introduction, 2). Such a phenomenon as a “co-operative administration”, which negotiates rather than rules, is a “foreign concept” in Weber’s discussion of the state and modern bureaucracy. Scharpf’s (1970) comparison between constitutional governance in Germany and legal relief in America is enlightening when it comes to the meaning of the constitutional state (Rechtsstaat) (introduction, 2; section III); the same applies to his discussion of the failed federalist reforms, which sought, among other things, to mitigate, if not entirely eliminate, the opportunities for blockades provided by political entanglement (Politikverflechtung) (section III). Neither was it possible to realise long overdue proposals to reform administrative law (Verwaltungsrecht) (section III, 1), which involved weakening or removing altogether three important assumptions in the dominant administrative doctrine (the “dogmatic normality”) and which also included the ambitious intention for the law to achieve tangible impact (Hoffmann-Riem 1994). Nonetheless, while no-one would dispute that reform of the federal government and administration remained “on the agenda” (Scharpf 1991, Mayntz/ Scharpf 1973), the priorities of such a reform were, and still are, different to those of new public management reform [the key terms here arePlanung(“planning”) and the term that replaced it,Steuerung(“management”)]1.3. Pollitt and Bouckaert ascribe to the neo-Weberian state extremely varied functions without providing any (theoretical) basis for them. In this way, the notion of public management reform that they present acquires the status of a “reformist philosophy” (introduction, 3; section IV). See Scharpf (1991) for a theoretically well-founded argumentation on the State’s ability to act in our days. Scharpf’s essay will be discussed briefly (section IV).ConclusionThere is no Weber in the neo-Weberian state. According to the discussion presented here, the neo-Weberian state can only mean: how would a modern state constituted by Weber look today? (shrink)

AbstractMultinationals’ aggressive tax lobbying that involves free-riding behaviour and results in disproportional benefits to the disadvantage of other taxpayers, is problematic for several reasons. Such lobbying undermines the legitimacy of tax legislation and has a negative impact on trust in the tax system. Based on Immanuel Kant’s ethical theory, this article first suggests a new normative basis for a moral duty that requires multinationals and their leaders to be transparent about their political activities and tax lobbying. Next, it introduces a (...) new concept of transparency in respect of tax lobbying. ‘Deliberative transparency’ requires multinationals and their leaders not only to be open about their reasons for tax lobbying, but also to deliberate with stakeholders and, maybe even more importantly, to provide evidence supporting their lobbying positions. Finally, based on these new understandings, additional government interventions against aggressive tax lobbying are suggested, for example mandatory stakeholder consultation, reporting on stakeholder attitudes and perception, and evidence-based lobbying requirements. (shrink)

ABSTRACTWe propose a compatibilist theory of free will in the tradition of naturalized philosophy that attempts to: 1) provide a synthesis of a variety of well-known theories, capable of addressing problems of the latter; 2) account for the fact that free will comes in degrees; and 3) interface with neurobiology. We argue that free will comes in degrees, and that these degrees vary with the agent's capacity to make assumptions and use theories. Our model, then, highlights that free-willed actions are (...) consciously monitored by the agent, through beliefs, assumptions, and ultimately theories — hence, the CMT model.RÉSUMÉNous proposons une théorie compatibiliste du libre arbitre, dans la tradition de la philosophie naturalisée, qui tente : 1) de fournir une synthèse de théories bien connues, capable de résoudre certains problèmes de ces dernières; 2) de tenir compte du fait que le libre arbitre a des degrés; 3) d’établir des liens avec la neurobiologie. Nous arguons que le libre arbitre d'un agent varie par degrés en fonction de la capacité de l'agent à faire des hypothèses et à utiliser des théories. Notre modèle met en évidence que des actions «libres» sont consciemment surveillées par l'agent, à travers des croyances, des hypothèses et finalement des théories — d'où l'expression «modèle CMT». (shrink)

In normative terms, human dignity usually implies two consequences: human beings cannot be treated in some particular ways due to their condition as humans; and some forms of life do not correspond to the ideal life of our community. This study consists in discussing the meaning of this idea of human dignity in contrast to the concept of humiliation in the context of institutional, i.e. political and legal, rights. Two concepts of human dignity will be discussed. The first absolute/necessary and (...) formal/transcendental concept implies the proposition “because human beings have dignity, the following cluster of rights is valid”. Conversely, the second contingent and material concept corresponds to the thought “for being able to live in dignity, we must respect the following rights”. This paper claims that human dignity should be understood as the right to be protected from humiliation. Humiliation is the situation of incapacity or absence of self-determination. (shrink)

Managers of multinational companies often favour an aggressive tax avoidance strategy that pushes the legal limits onto the advantage of shareholders and the disadvantage of the spirit of democratically legitimized tax laws. The public and media debate whether such aggressive behaviour is immoral. Aggressive tax avoidance is a subset of the aggressive legal interpretations potentially observable in all fields which places little weight on the will of a democratically legitimized legislation. A thorough ethical analysis based on the deontological approach of (...) Kant demonstrates that aggressive tax avoidance as a special case of operating on the edge of legal boundaries is potentially immoral. Applying the Kantian “contradiction of conception or will” test shows that this maxim might not be conceived or willed as a general law of nature. If all natural or legal persons aggressively interpret laws on all subjects and in every imaginable situation, then central principles of the system of law we all rely upon would be severely compromised. Therefore, aggressive tax avoidance by managers of multinational companies may violate the managers’ moral duty to obey not only the letter but also the intention or spirit of the law. The validity of the argumentation depends critically on the formulation and interpretation of the respective maxims and on assumptions about the legal system. Preserving central elements of Kantian philosophy, the article demonstrates the complexity of a philosophical argumentation which tries to justify the moral intuitions that underpin the common negative evaluation of aggressive legal strategies in business. (shrink)