This article considers the proportionality requirement of the self-defense justification. It first lays bare the assumptions and the logic—and often illogic—underlying very strict accounts of the proportionality requirement. It argues that accounts that try to rule out lethal self-defense against threats to property or against threats of minor assault by an appeal to the supreme value of life have counter-intuitive implications and are untenable. Furthermore, it provides arguments demonstrating that there is not necessarily a right not to be killed in (...) defense against theft or minor assaults. While there is a general moral right of self-defense and a general right to life, the scope of these rights depends on certain social facts that—even within a liberal framework—can differ from one society to another. Moreover, the proportionality of self-defense does not depend on the rights of the aggressor alone, but also on a precautionary rule, shaped by the balance of interests of the society in question and aimed at protecting innocent people and other social interests. This rule can protect an aggressor even in cases where he does not have the right to such protection. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

Philosophers are by now familiar with “the” paradox of supererogation. This paradox arises out of the idea that it can never be permissible to do something morally inferior to another available option, yet acts of supererogation seem to presuppose this. This paradox is not our topic in this paper. We mention it only to set it to one side and explain our subtitle. In this paper we introduce and explore another paradox of supererogation, one which also deserves serious philosophical attention. (...) People who perform paradigmatic acts of supererogation very often claim and believe that their acts were obligatory. Plausibly, this is simply a mistake insofar as the actions really are “above and beyond the call of duty,” as common sense would have it. The fact that moral heroes tend to view their actions in this apparently mistaken way is puzzling in itself, and we might learn something interesting about the moral psychology of such individuals if we could explain this tendency. However, this puzzling aspect of the moral psychology of moral heroes is also the chief ingredient in a deeper puzzle, one perhaps more worthy of the title “paradox.” In this paper we present and try to resolve this paradox. The paradox arises when we combine our initial observation about the moral psychology of moral heroes with three plausible claims about how these cases compare with one in which the agent realizes her act is “above and beyond.” The first of these three additional claims is that the agent who mistakenly claims that the act is obligatory is no less virtuous than someone who performs such an act whilst correctly judging it to be obligatory. The second is that the agent who makes such a mistake would display more moral wisdom if she judged the act to be supererogatory. The third is that there is no other relevant difference between the two agents. These three claims, together with a plausible principle about the way in which the virtues work, give rise to a paradox. We consider several ways in which this paradox might be resolved. We argue that the most plausible resolution is to reject the claim that there is no other relevant difference between the two agents. More specifically, we argue that a relevant difference is that the agent who makes this mistake does so because of the depth of their commitment to certain moral values, and that this is itself an important moral virtue: moral depth. (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)

The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and rights, or social justice (...) and moral community. Rather, it was the product of a political compromise between warring confessional blocs, and of the institutions of public law that were the instruments and effects of this compromise. (shrink)

My aim in this paper is to argue that justification should not be conceived of in purely objective terms. In arguing for that conclusion I focus in particular on Paul Robinson’s presentation of that position, since it is the most sophisticated defense of the objective account of justification in the literature. My main point will be that the distinction drawn by Robinson between objective and subjective accounts of justification is problematic, and that careful attention to the role played by reasonableness (...) in subjectivist accounts of justification reveals that the apparent puzzles Robinson raises for subjectivism are merely apparent. I will suggest that we ought to be reasonable subjectivists about justification, where “reasonableness” is understood in a particular manner. This has consequences for various other issues, including how we make sense of mistaken justification, and I will have something to say about those issues as they arise along the way. (shrink)

The Will Theory of Rights has commonly been criticized for excluding from the class of rights bearers all subjects who are incapable of agency. The Interest Theory of Rights faces the challenge of avoiding undue proliferation of the class of rights bearers. I advance a novel argument for a specific demarcation of the class of rights bearers. I then argue that this demarcation implies that the function of the moral rights of subjects incapable of exercising agency is to protect them (...) from being treated with illegitimate disregard in a certain sense. I advance reasons for holding that this theory is neither a Will Theory nor an Interest Theory, or a combination of these theories. The proposed account is significant also if it is interpreted as a version of the Interest Theory. It brings significant benefits in the form of cohesiveness, simplicity, and intuitive appeal. (shrink)

In their theories of international order, Hobbes and Kant are not as far apart as earlier interpreters have claimed. Both consider peace between states and mutual respect for their sovereign independence to be necessary for securing domestic order. For both Hobbes and Kant, order arises from the very “independency“ of states in a manner that is different from the independence of individuals in a state of nature. Both regard the independency of states and their commitment to the prosperity of their (...) subjects as principles that support a long-term orientation toward peaceable cooperation. The most significance difference between Hobbes and Kant concerning international order arises from Kant's attributing to individuals a cosmopolitan right that makes the international order more subject to potential conflict concerning the rights of individuals, but also gives his theory a stronger normative framework for the development of shared norms than what is found in Hobbes's political theory. (shrink)

During the coronavirus pandemic, communities have faced shortages of important healthcare resources such as COVID-19 vaccines, medical staff, ICU beds and ventilators. Public health officials in the U.S. have had to make decisions about two major issues: which infected patients should be treated first, and which people who are at risk of infection should be inoculated first. Following Beauchamp and Childress’s principlism, adopted guidelines have tended to value both whole lives and life-years. This process of collective moral reasoning has revealed (...) our common commitment to both Kantian and utilitarian principles. For Kant, respecting people’s rights entails that we ought to value whole lives equally. Therefore we ought to allocate resources so as to maximise the number of patients who survive to discharge. By contrast, the principle of utility has us maximise life-years so that people can satisfy more of their considered preferences. Although people are treated impartially in the utilitarian calculus, it does not recognise their equal worth. Subjecting Kantian ethics and utilitarianism to the process of reflective equilibrium lends support to the idea that we need a pluralistic approach that would accommodate our moral intuitions regarding both the equal value of whole lives and the additive value of life-years. (shrink)

In this paper I defend the view that persons have a claim to deserved treatment, including many forms of punishment, against an objection resting on the principle that it is not possible to have a claim to harmful treatment. I do not challenge this principle, but argue, rather, that the harms wrongdoers typically deserve either (a) are not genuine harms at all (for reasons relevant to their being deserved) or (b) are not relevant to the content of these wrongdoers' claims.

In this article I offer a defence of the use of deceptive placebos—inert treatments like sugar pills or saline injections—in clinical practice. In particular, I will defend what I call the ideal placebo case—where a doctor or nurse has good reason to believe that a deceptive placebo offers a patient’s best, or only, chance of some therapeutic benefit. Taking a Kantian approach to the question of clinical placebo use, I examine the Kantian prohibition on deception as interference with the will (...) of a rational agent, and argue that deception to promote the placebo effect can be carried out in a way that does not interfere with the patient’s will in the way prohibited by Kant. The deception involved in a placebo treatment is not carried out to interfere with or obstruct the function of the will, but merely to make possible a means to the patient’s ends that that would otherwise be unavailable. I will therefore argue that deception carried out in order to promote a therapeutic placebo effect can be done in a way that is consistent with respect for a patient’s autonomy, and may be a rare case of deception that is compatible with a Kantian ethical approach. (shrink)

In his book Legality Scott J Shapiro presents a large-scale and sophisticated attempt to defend legal positivism in its most outspoken form, namely exclusive legal positivism. This, however, does not mean that morality plays no role in Shapiro’s analysis of the nature of law. On the contrary, he connects law with morality in myriad ways. This gives rise to the question of whether Shapiro’s theory of the nature of law is truly positivistic. In the article I argue that Shapiro’s theory (...) is, first, in crucial respects non-positivistic, and, second, in certain other respects indeed positivistic but in need of being converted into a non-positivistic theory. (shrink)

The author's thesis is that human rights can be substantiated on the basis of discourse theory. The argument has two steps. The first step is the justification of the rules of discourse. The second step consists in the foundation of human rights.

En el debate entre el positivismo y el no-positivismo el argumento del relativismo tiene un papel fundamental. Tal y como es presentado, por ejemplo, por Hans Kelsen, este argumento señala, en primer lugar, que una conexión necesaria entre el derecho y la moral presupone la existencia de elementos morales objetivos, absolutos y necesarios, y, en segundo lugar, que estos elementos morales objetivos, absolutos y necesarios no existen. Mi respuesta a esto es que los elementos morales absolutos, objetivos y necesarios existen, (...) porque los derechos humanos existen, y éstos existen porque son fundamentables. In the debate between positivism and non-positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights exist because they are justifiable. (shrink)

A “no ethics” principle has long been prevalent in science and has demotivated deliberation on scientific ethics. This paper argues the following: An understanding of a scientific “ethos” based on actual “value preferences” and “value repugnances” prevalent in the scientific community permits and demands critical accounts of the “no ethics” principle in science. The roots of this principle may be traced to a repugnance of human dignity, which was instilled at a historical breaking point in the interrelation between science and (...) ethics. This breaking point involved granting science the exclusive mandate to pass judgment on the life worth living. By contrast, respect for human dignity, in its Kantian definition as “the absolute inner worth of being human,” should be adopted as the basis to ground science ethics. The pathway from this foundation to the articulation of an ethical duty specific to scientific practice, i.e., respect for objective truth, is charted by Karl Popper’s discussion of the ethical principles that form the basis of science. This also permits an integrated account of the “external” and “internal” ethical problems in science. Principles of the respect for human dignity and the respect for objective truth are also safeguards of epistemic integrity. Plain defiance of human dignity by genetic determinism has compromised integrity of claims to knowledge in behavioral genetics and other behavioral sciences. Disregard of the ethical principles that form the basis of science threatens epistemic integrity. (shrink)

This paper proposes laying the groundwork for principled moral reasoning as a seminal goal of ethics interventions in higher education, and on this basis, makes a case for educating future specialists and professionals with a foundation in philosophical ethics. Identification of such a seminal goal is warranted by the progressive dissociation of scientific practice and ethical deliberation since the onset of a problematic relationship between science and ethics around the mid-19th century, and the extensive mistrust of integrating ethics in science (...) and engineering curricula beyond its “applied,” “practical,” or “professional” implications. Although calls by international scientific and educational bodies to strengthen ethics teaching in scientific education over the past quarter century have brought about a notion of combining competence in a certain field with competence in ethics, this is neither entrenched in the academic community, nor fleshed out as regards its core or instruments to realize it. The legitimate goals of ethics teaching in higher education, almost settled since the 1980s, can be subsumed under the proposed seminal goal, and the latter also would safeguard content and methods of ethics interventions against the intrusion of indoctrinative approaches. In this paper, derivation of the proposed seminal goal rests on an interpretation of the Kohlbergian cognitive-developmental conception of moral adulthood consisting in autonomous principled moral reasoning. This interpretation involves, based on Kant’s conception of the virtuous person, integrating questions about the “good life” into the domain of principled reasoning. (shrink)

Current suggestions for capacities that should be targeted for moral enhancement has centered on traits like empathy, fairness or aggression. The literature, however, lacks a proper model for understanding the interplay and complexity of moral capacities, which limits the practicability of proposed interventions. In this paper, I integrate some existing knowledge on the nature of human moral behavior and present a formal model of prosocial motivation. The model provides two important results regarding the most friction-free route to moral enhancement. First, (...) we should consider decreasing self-interested motivation rather than increasing prosociality directly. Second, this should be complemented with cognitive enhancement. These suggestions are tested against existing and emerging evidence on cognitive capacity, mindfulness meditation and the effects of psychedelic drugs and are found to have sufficient grounding for further theoretical and empirical exploration. Furthermore, moral effects of the latter two are hypothesized to result from a diminished sense of self with subsequent reductions in self-interest. (shrink)

We defend a scalar theory of the relationship between material scarcity and justice. As scarcity increases beyond a specified threshold, we argue that deontological egalitarian constraints should be gradually relaxed and consequentialist considerations should increasingly determine distributions. We construct this theory by taking a bottom-up approach that is guided by principles of medical triage. Armed with this theory, we consider the range of conditions under which justice applies. We argue that there are compelling reasons for thinking that justice applies under (...) a far broader range of conditions than is standardly supposed, including those that could sensibly be labelled as conditions of extreme rather than moderate scarcity. (shrink)

This book analyzes major ethical issues surrounding the use of climate engineering, particularly solar radiation management techniques, which have the potential to reduce some risks of anthropogenic climate change but also carry their own risks of harm and injustice. The book argues that we should approach the ethics of climate engineering via "non-ideal theory," which investigates what justice requires given the fact that many parties have failed to comply with their duty to mitigate greenhouse gas emissions. Specifically, it argues that (...) climate justice should be approached comparatively, evaluating the relative justice or injustice of feasible policies under conditions that are likely to hold within relevant timeframes. Likely near-future conditions include "pessimistic scenarios," in which no available option avoids serious ethical problems. The book contends that certain uses of SRM can be ethically defensible in some pessimistic scenarios. This is the first book devoted to the many ethical issues surrounding climate engineering. (shrink)

Emotions can be understood generally from two different perspectives: (i) a third-person perspective that specifies their distinctive functional role within our overall cognitive economy and (ii) a first-person perspective that attempts to capture their distinctive phenomenal character, the subjective quality of experiencing them. One emotion that is of central importance in many ethical systems is respect (in the sense of respect for persons or so-called recognition-respect). However, discussions of respect in analytic moral philosophy have tended to focus almost entirely on (...) its functional role, in particular the behaviors that respect disposes us to engage in (or refrain from). Here we wish to investigate the phenomenal character of respect, what it is like to feel respect for persons. Since Kant is the reference point for modern discussions of respect, we try to reconstruct Kant’s account of the phenomenology of respect, but also endeavor to refine his account in light of our own phenomenological observations. (shrink)

What is dignity? My starting point is that dignity is one of those philosophical primitives that admit of no informative analysis. Nonetheless, I suggest, dignity might yield to indirect illumination when we consider the kind of experience we have (or rather find it fitting to have) in its presence. This experience, I claim, is what is sometimes known as recognition-respect. Through an examination of a neglected aspect of the phenomenology of recognition-respect, I argue that the possession of inner consciousness is (...) a precondition for the possession of dignity. The reason for this, I suggest, is that the ultimate privacy of the contents of our consciousness grounds a kind of inviolability characteristic of dignity. (shrink)

Political philosophers commonly tackle the issue of climate change by focusing on fundamental interests as a basis for human rights. This approach struggles, however, in cases where one set of fundamental interests requires one course of action, and another set of fundamental interests requires another course of action. This article advances an alternative response to climate change based on an account of global justice that gives weight to utilitarian, prioritarian, and luck egalitarian considerations. A practical application of this pluralistic account (...) is provided, which shows that it handles trade-offs between individuals’ interests in an appealing way, and that it supports an aggressive policy of climate change mitigation. This account provides a more plausible justification for rights against the harms of climate change. (shrink)

The paper examines the conditions under which we are responsible for actions performed under duress, focusing on a real case in which a soldier was compelled at gunpoint to participate in the massacre of civilian prisoners. The case stands for a class of cases in which the compelled act is neither clearly justified nor clearly excused on grounds of temporary incapacity, but in which it is nonetheless plausible that the agent is not morally blameworthy. The theoretical challenge is to identify (...) the excuse in such cases and to explain its basis. The paper argues that when mortal duress excuses in cases of this sort, it does so because the compelled act, though impermissible and freely chosen, nonetheless fails to manifest ‘an insufficiently good will’. The argument depends on a potentially controversial thesis in the ethics of concern, namely, that a thoroughly decent moral agent—someone who cares enough about morality and the values that underlie it—will not always be moved to do what he knows he ought to do. (shrink)

ABSTRACT ABSTRACT: Nietzsche, we are often told, had an account of 'self' or 'mind' or a 'philosophical psychology', in which what he calls our 'drives' play a highly significant role. This underpins not merely his understanding of mind, in particular, of consciousness and action. but also his positive ethics, be they understood as authenticity, freedom, knowledge, autonomy, self-creation, or power. But Nietzsche did not have anything like a coherent account of 'the drives' according to which the self, the relationship between (...) thought and action, or consciousness could be explained; consequently, he did not have a stable account of drives on which his positive ethics could rest. By this, I do not mean that his account is incomplete or that it is philosophically indefensible: both would leave open, misleadingly, the possibility of a rational reconstruction of Nietzsche’s views; both would already assume more unity and coherence than we find in his texts. Specifically, as I show through detailed analysis, Nietzsche provides varied and inconsistent accounts of what a 'drive' is, how much we can know about drives, and the relationship between drives and conscious deliberations about action. I conclude by questioning the hunt for a Nietzschean theory: is this the best way to be reading him? (shrink)

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars of contemporary issues in African American philosophy and philosophy of race. These original essays encompass the major topics and approaches in this emerging philosophical subfield that supports demographic inclusion and diversity while at the same time strengthening the conceptual arsenal of social and political philosophy. Over the course of the volume's ten topic-based sections, ideas about race held by Locke, Hume, Kant, Hegel, and Nietzsche are (...) supplemented by suppressed thought from the African diaspora, early twentieth-century African American perspectives and Native-, Asian-, and Latin-, American views. The contributors bring philosophical analysis to bear on the status of racial divisions as categories of humanity in the biological sciences, as well as within contemporary criticism and conceptual analysis. Essays present the special applications of American philosophy and continental philosophy to ideas of race as methodological alternatives to more analytic approaches. As a collection of analyses and assessments of 'race' in the real world, the volume pays trenchant and relevant attention to historical and contemporary racism and what it means to say that 'race' and racial identities are socially constructed. The essays analyze contemporary social issues including the importance of racial difference and identity in education, public health, medicine, IQ and other standardized tests, and sports. Additionally, the essays consider the societal limitations and structures provided by public policy and law. As a critical theory, the volume compares the study of race to feminism. Historical and contemporary, academic and popular, racisms pertaining to male and female gender receive special consideration throughout the volume. While this comprehensive collection may have the effect of a textbook, each of the original essays is a fresh and authentic development of important present thought. (shrink)

Situationists argue that virtue ethics is empirically untenable, since traditional virtue ethicists postulate broad, efficacious character traits, and social psychology suggests that such traits do not exist. I argue that prominent philosophical replies to this challenge do not succeed. But cross-cultural research gives reason to postulate character traits, and this undermines the situationist critique. There is, however, another empirical challenge to virtue ethics that is harder to escape. Character traits are culturally informed, as are our ideals of what traits are (...) virtuous, and our ideals of what qualifies as well-being. If virtues and well-being are culturally constructed ideals, then the standard strategy for grounding the normativity of virtue ethics in human nature is undermined. (shrink)

Developing themes in the work of Thomas Hill, I argue that servility is an underappreciated but pervasive reason for moral transgression. Recognizing servility as a basic cause of immorality obliges us to reconsider questions about the rationality of morality. Traditional answers to the problem of the immoralist, which tend to be stated in terms of enlightened self-interest, fail to properly engage the problems posed by 'servile immorality.' In response to these problems, I develop a Humean version of a traditionally Kantian (...) strategy for substantiating the rationality of morality: (i.e.) agents' conceptions of themselves commit them to accepting morality's authority. Servile behavior implies cognitive dissonance, which can restructure or dissolve those particular desires, beliefs, and projects that constitute agents' most highly valued contingent conceptions of themselves. I conclude that agents have reason to abstain from servility even on a parsimonious Humean account of practical reasons. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

The hoary philosophical tradition of hedonism – the view that pleasure is the basic ethical or normative value – suggests that it is at least reasonably and roughly intuitive. But philosophers no longer treat hedonism that way. For the most part, they think that they know it to be obviously false on intuitive grounds, much more obviously false on such grounds than familiar competitors. I argue that this consensus is wrong. I defend the intuitive cogency of hedonism relative to the (...) dominant desire-based and objectivist conceptions of well-being and the good. I argue that hedonism is still a contender, and indeed that our current understanding of commonsense intuition on balance supports it. (shrink)

Evil acts strike us, by their very nature, as not only horrifying and reprehensible, but also as deeply puzzling. No doubt for reasons like this, evil has often been seen as mysterious, demonic and beyond our human powers of understanding. The question I examine in this paper is whether or not we can (or would want to) overcome this puzzlement in the face of evil acts. I shall argue that we ought want to (in all cases) and can (in at (...) least most cases) come to understand why people perpetrate evil acts. This is an appealing conclusion as it allows us to take practical steps to both minimise future occurrences of evil and come to terms with its past abominations. (shrink)

I argue that embryonic stem cell research is fair to the embryo, even on the assumption that the embryo has attained full personhood and an attendant right to life at conception. This is because the only feasible alternatives open to the embryo are to exist briefly in an unconscious state and be killed or to not exist at all. Hence, one is neither depriving the embryo of an enduring life it would otherwise have had nor is one causing the embryo (...) pain. I also argue that a rational agent in a situation relevantly similar to that of the embryo would consent to such research, and I use this insight to ground two justice-based arguments in favor of this research. (shrink)

This paper argues that an instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. The argument for this position rests on the notion that if there is no relevant side-constraint on trash-talking, then if the player commits to a moral boundary on trash-talking then that is the moral boundary on trash-talking. I then argued that there is no relevant side-constraint on trash-talking and that the players commit to the ownership theory (...) as the moral boundary on trash-talking. Hence, the ownership theory is the moral boundary for trash-talking. I then considered a number of objections, the most important of which are that there is a side-constraint against trash-talking because it is degrading, disrespectful, exploitative, or objectifying and that the ownership theory is false because it confuses what is wrong with what is penalized. (shrink)

This paper proposes a new reading of the interaction between subjectivity, reflection and freedom within Foucault’s later work. I begin by introducing three approaches to subjectivity, locating these in relation both to Foucault’s texts and to the recent literature. I suggest that Foucault himself operates within what I call the ‘entanglement approach’, and, as such, he faces a potentially serious challenge, a challenge forcefully articulated by Han. Using Kant’s treatment of reflection as a point of comparison, I argue that Foucault (...) possesses the resources to meet this challenge. The key, I contend, is to distinguish two related theses about reflection and freedom: Foucault’s position is distinctive precisely because he accepts one of these theses whilst rejecting the other. I conclude by indicating how this reading might connect to the longstanding question of Foucault’s own right to appeal to normative standards. (shrink)

Immanuel Kant is known for his ideas about duty and morally worthy acts, but his conception of virtue is less familiar. Nevertheless Kant’s understanding of virtue is quite distinctive and has considerable merit compared to the most familiar conceptions. Kant also took moral education seriously, writing extensively on both the duty of adults to cultivate virtue and the empirical conditions to prepare children for this life-long responsibility. Our aim is, first, to explain Kant’s conception of virtue, second, to highlight some (...) distinctive and potentially appealing features of the Kantian account of virtue, third, to summarize and explain Kant’s prescriptions for educating young children and youth as well as the duty of moral self-improvement that he attributes to all adults, and, fourth, to respond to some common objections that we regard as misguided or insubstantial. (shrink)

I first distinguish four types of objection to paternalism and argue that only one – the principled objection – amounts to a substantive and distinct normative doctrine. I then argue that this doctrine should be understood as preventing certain facts from playing the role of reasons they would otherwise play. I explain how this filter approach makes antipaternalism independent of several philosophical controversies: On the role reasons play, on what reasons there are, and on how reasons are related to values. (...) I go on to contrast the filter approach with the competing and dominant action-focused approach, which understands objections to paternalism in terms of paternalistic action, behavior, law, policy and the like. Seana Shiffrin and Peter de Marneffe are singled out as prominent recent proponents of this approach. By engaging with their definitions of paternalism, I explain how the action-focused approach makes antipaternalism dependent on the sorting of actions into paternalistic and nonpaternalistic according to what reasons support them. Because one and the same action can be supported by many different reasons, and by different sorts of reasons, such sorting is very difficult. The upshot is that antipaternalism on the action-focused account fails to provide the precise normative implications of the filter approach that I favor. (shrink)

This dissertation focuses on questions regarding the metaphysical and psychological possibility of self-deception and attempts to show that self-deception is a phenomenon best characterized as both motivated and intentional, such that self-deceivers can be held responsible for their deceptions in a stronger sense than that of being merely epistemically negligent. -/- In Chapter One, I introduce the paradoxes of self-deception, which arise when one attempts to draw a close analogy between self- and other-deception, and I discuss the various ways in (...) which one might characterize an unwarranted belief as irrational. I go on to show how the various ways one understands interpersonal deception may mirror the various accounts one might give of self-deception. I concluded the chapter with a brief discussion of the role of empirical studies in philosophical investigations of irrationality. -/- In Chapter Two, I look more closely at a particular kind of intentionalist account of self-deception, namely the claim that we must suppose the existence of a partitioned mind to make sense of the so-called "internal irrationality" of the self-deceiver. I discuss both stronger and weaker versions of this theory, in an attempt to show that it tends to raise more metaphysical worries than it solves. I argue further that if there is such a thing as divisions within the mind, an account of self-deception centered around such divisions will not get the intentionalist about self-deception what he or she wants. -/- In Chapter Three, I move on to discuss non-intentionalist accounts of self-deception. Such theories have gained in popularity in recent years, due to their appeals to explanatory parsimony. Against these theories, I argued that there are certain phenomenon we take to be central to self-deception that Mele, Barnes, et al. cannot account for. I therefore propose that a more robust account of self-deception is necessary to make sense of these phenomena. -/- Chapter Four attempts to provide such an account. I claim that if we focus more heavily on the diachronic process by which self-deceivers elicit and/or maintain their beliefs over time, what emerges looks much more like an intentional project aimed at the manipulation of one's evidence or evidential standards than a mere more-or-less unconscious process of motivated biasing. I suggest that such a view can escape the paradoxes of self-deception, while at the same time making sense of the features lacking on non-intentionalist accounts. -/- Finally, in Chapter Five I examine the morality of self-deception. I argue that self-deceivers are not only epistemically but also morally responsible for their self-deceptions, and that self-deception generally represents a moral failure on the part of the moral agent, regardless of the normative moral theory one adopts. (shrink)

We have argued here that to attribute criminal responsibility to psychopathic individuals is to ignore substantial and growing evidence that psychopathic individuals are significantly impaired in moral understanding. They do not appear to know why moral transgressions are wrong in the full sense required by the law. As morally blameless offenders, punishment as a basis for detention cannot be justified. Moreover, as there are currently no successful treatment programs for psychopathy, nor can detention be justified on grounds of treatment. Instead, (...) we argue detention on the grounds of self- defence, due to the severe and continuing threat posed by the psychopathic criminal. (shrink)

It has been suggested that a rational being stands in what is called a “second-personal relation” to herself. According to philosophers like S. Darwall and Ch. Korsgaard, being a rational agent is to interact with oneself, to make demands on oneself. The thesis of the paper is that this view rests on a logical confusion. Transitive verbs like “asking”, “making a demand” or “obligating” can occur with the reflexive pronoun, but it is a mistake to assume that the reflexive and (...) the non-reflexive use exhibit the same logical grammar. The thesis that they do is in part motivated by the assumption that to show that my relation to you bears the same form as my practical self-relation is to show that, fundamentally, you are not an object for me to think about and act on, but a subject with whom to think and act together. I argue, to the contrary, that if my addressing you exhibited the same form as a relation I could literally be said to stand in to myself, then the nexus between us would be such that I am irretr.. (shrink)

This essay analyzes the theoretical foundations of collective interest in the sufferings of strangers. Concern with the suffering of others, accompanied by the urge to help, is compassion. This study develops the social and historical conditions under which public compassion emerges. Two broad interpretations of these developments are suggested. The democratization perspective suggests that with the lessening of profoundly categorical and corporate social distinctions, compassion becomes more extensive. A second perspective is linked to the emergence of market society. By defining (...) a universal field of others with whom contracts and exchanges can be made, market perspectives extend the sphere of moral concern as well: however unintentionally. Public compassion is part of the language of modernity. This gives compassion the possibility to be also part of a newly emerging ‘Second Modernity’. (shrink)

This paper examines the role of formal, aesthetic elements in motivating moral action. It proposes that Blumenberg’s analysis of the existential settings of myth and metaphor provide a useful framework to consider the conception and function of the aesthetic symbol in Kantian moral philosophy. In particular, it explores the hypothesis that Blumenberg’s analysis of ‘pregnance’ and ‘rhetoric’ are useful for identifying and evaluating the processes involved in self-persuasion to the moral perspective.

In this article I consider the normative and axiological dimension of Simmel’s thought. Building on previous interpretations, I argue that although Simmel cannot be interpreted as a systematic normative theorist, the issue of values and the normative standpoint can nevertheless be traced in various aspects of his multifarious work. This interpretive turn attempts to link Simmel’s obscure theory of value with his epistemological relationism. Relationism may offer a counterweight to Simmel’s value-pluralism, since it points to normative elements (e.g. internal teleology, (...) justice) that can contribute to the reconciliation between incommensurablity of forms and totality. Axiological and normative concerns (of a Hegelian source) survive also in his metaphysics of life, pointing beyond a merely Bergsonian and conservative Lebensphilosophie. I conclude with some thoughts on how this normative rethinking of Simmel’s thought can contribute towards more adequate appreciations of Simmel’s overall theory. (shrink)