In his recent book One World one of Peter Singer's main concerns is the preferential treatment of compatriots. Two aspects of Singer's theoretical reflections on this issue are critically discussed: the use of an impartiality test as basis for the justification of special duties and the resulting condemnation of partial preferences for compatriots. Subsequently, an alternative way to justify special duties is outlined and applied to the case of fellow citizens. It is argued, that partiality to compatriots can be defended, (...) if special duties are regarded as a constitutive part of valuable relationships. (shrink)

Ordinary Language Philosophy has largely fallen out of favour, and with it the belief in the primary importance of analyses of ordinary language for philosophical purposes. Still, in their various endeavours, philosophers not only from analytic but also from other backgrounds refer to the use and meaning of terms of interest in ordinary parlance. In doing so, they most commonly appeal to their own linguistic intuitions. Often, the appeal to individual intuitions is supplemented by reference to dictionaries. In recent times, (...) Internet search engine queries for expressions of interest have become quite popular. Apparently, philosophers attempt to surpass the limits of their own linguistic intuitions by appealing to experts or to factual uses of language. I argue that this attempt is commendable but that its execution is wanting. Instead of appealing to dictionaries or Internet queries, philosophers should employ computer-based linguistic corpora in order to confirm or falsify hypotheses about the factual use of language. This approach also has some advantages over methods employed by experimental philosophers. If the importance of ordinary language is stressed, the use of linguistic corpora is hardly avoidable. (shrink)

Distributive egalitarians believe that distributive justice is to be explained by the idea of distributive equality (DE) and that DE is of intrinsic value. The socio-relational critique argues that distributive egalitarianism does not account for the “true” value of equality, which rather lies in the idea of “equality as a substantive social value” (ESV). This paper examines the socio-relational critique and argues that it fails because – contrary to what the critique presupposes –, first, ESV is not conceptually distinct from (...) DE, and second, the idea of ESV cannot serve as a “foundation” or “root” of distributive egalitarianism. (shrink)

In this article I ask what recent moral psychology and neuroscience can and can’t claim to have discovered about morality. I argue that the object of study of much recent work is not morality but a particular kind of individual moral judgment. But this is a small and peculiar sample of morality. There are many things that are moral yet not moral judgments. There are also many things that are moral judgments yet not of that particular kind. If moral things (...) are various and diverse, then empirical research about one kind of individual moral judgment doesn’t warrant theoretical conclusions about morality in general. If that kind of individual moral judgment is a peculiar and rare thing, then it is not obvious what it tells us about other moral things. What is more, it is not obvious what its theoretical importance is to begin with—that is, why we should care about it at all. In light of these arguments, I call for a pluralism of methods and objects of inquiry in the scientific investigation of morality, so that it transcends its problematic overemphasis on a particular kind of individual moral judgment. (shrink)

This dissertation is structured in such a way as to gradually home in on the true theory of welfare. I start with the whole field of possible theories of welfare and then proceed by narrowing down the options in a series of steps. The first step, undertaken in chapter 2, is to argue that the true theory of welfare must be what I call a partly response independent theory. First I reject the entirely response independent theories because there are widely-shared (...) intuitions suggesting that some psychological responses are indeed relevant to welfare. Then I reject the entirely response dependent theories because there are other central intuitions suggesting that our welfare is not determined solely by our psychological responses. Thus I reach the preliminary conclusion that welfare must involve some response independent (or objective) component. The next step is to consider the most promising theories in the partly response independent category. In particular, I formulate, refine and ultimately reject what seem to be the main monistic theories that have been proposed in this category. In chapter 4, I reject the Adjusted-Enjoyment Theories of Welfare because they cannot account for the claim that a life containing no pleasure or pain can still contain a positive amount of welfare (e.g. if it’s a particularly successful life). Then in chapters 5-7, I discuss Desire Satisfaction theories of welfare. I argue that even the most promising of these theories – e.g. Worthiness Adjusted Desire Satisfactionism – are problematic because they cannot accommodate the claim that a life containing no success with respect to worthwhile projects can still contain a positive amount of welfare (e.g. if it’s a particularly pleasant life). Finally, I suggest that in order to accommodate the intuitions that led to the rejection of all these other theories of welfare, what is needed is a multi-component theory. In the final chapter, I formulate a multi-component theory that is particularly promising. Not only does it avoid the problems of the monistic theories discussed earlier, but, by incorporating a number of novel mathematical devices, it avoids problems that undermine several other initially promising multi-component theories of welfare. (shrink)

Should we treat other people according to what they want (their own values), or according to what we take their best interests to be? If they have given us no mandate to decide for them, their values should prevail. This applies not only to allowing but also to assisting them to get what they want. Taking this seriously in medical practice involves a lot of communication between doctor and patient, and a lot of research to establish a typology of patients (...) in respect of their wants. The results would seriously affect doctor-patient relationships and the organisation of general practice and hospital care. It is with this, rather than dramatic 'moral problems', that medical ethics should be chiefly concerned. (shrink)

According to a widely accepted philosophical model, agent-regret is practically significant and appropriate when the agent committed a mistake, or she faced a conflict of obligations. I argue that this account misunderstands moral phenomenology because it does not adequately characterize the object of agent-regret. I suggest that the object of agent-regret should be defined in terms of valuable unchosen alternatives supported by reasons. This model captures the phenomenological varieties of regret and explains its practical significance for the agent. My contention (...) is that agent-regret is a mode of valuing: a way in which the agent expresses and confers value. (shrink)

The paper aims at meeting Blackburn’s challenge to explain the non-reductive supervenience of moral predicates on natural ones. It offers a critical examination of Hare’s model of moral thinking which can be used as a candidate for such an explanation. It is argued that, as it stands, Hare’s model fails to meet Blackburn’s challenge. Yet some revisions of the model are suggested, and it is claimed that the improved version does supply the required explanation. The model suggested in the paper (...) carries a meta-ethical implication concerning the superiority of the anti-realist understanding of moral discourse. (shrink)

Este trabajo busca responder al siguiente interrogante: ¿es posible resolver confl ictos entre normas constitucionales que disponen derechos fundamentales sin necesidad de ponderar? Para ello expondremos la teoría que, para los casos de confl ictos constitucionales de derechos, propone reconstruir sistemas normativos. Esta teoría está representada en los trabajos de Moreso, Mendonca y Martínez Zorrilla y se presenta como una alternativa a la ponderación. Concluiremos que, si bien esta teoría puede resultar un buen complemento a la hora de formalizar las (...) decisiones judiciales sobre asuntos constitucionales, no puede reemplazar de plano a la ponderación, pues ésta siempre subyacería latente. Ello puede vislumbrarse con claridad en los casos donde derechos sociales fundamentales pretenden validez, en cuyo contexto la ponderación se presenta como algo conceptualmente necesario. (shrink)

Reedición del artículo publicado on-line en la Enciclopedia de Filosofía de la Sociedad Española de Filosofía Analítica.

The TRIPS agreement has been widely discussed. Critics have accused it to favour property rights at the cost of public health in AIDS-stricken development countries. In this article, the conflict between on the one hand Intellectual Property Rights and on the other a right to subsistence is analysed with the help of a method for specification. The rationalization of TRIPS and its amendments raises two questions for ethics, one normative and one meta-ethical. First, which right has priority: the right to (...) property or the right to subsistence? Second, how can conflicting rights be reconciled in a coherent ethical system. The aim of the article is to answer these two questions and in order to do that the method of specification developed by the philosopher Henry Richardson is applied. The result is a specified norm applicable for this kind of rights conflicts. (shrink)

While the modern revival of virtue ethics largely looks back to Aristotle, most, if not all, versions of this trend continue to be much indebted to and/or based upon specific mid‐twentieth‐century neo‐naturalist and descriptivist critiques of prevailing antinaturalist trends of that time: specifically, upon Anscombe's critique of the ethics of duty and utility and of the so‐called modern moral ought, and Geach's robust defence of the descriptive character of moral and other goodness. However, in the wake of further critical attention (...) to these neo‐naturalist claims, this paper argues that there can ultimately be no reliable or secure logical or empirical grounding of the virtues of inherently normative human moral life and conduct in the goods or virtues of effective or even beneficial natural function. (shrink)

InMoral Thinking R. M. Hare offers a very influential defense of utilitarianism against intuitive objections. Hare's argument is roughly that utilitarianism conflicts with defensible moral intuitions only in unusual cases and that, in such cases, even defensible moral intuitions are unreliable. This paper reconstructs Hare's arguments and argues that they presuppose the success of his problematic proof of utilitarianism. Contrary to what many have thought, Hare's negative defense of utilitarianism against intuitive objections is not separable from his proof. In the (...) second part of the paper I argue that Hare does not succeed in defending utilitarianism against the objection that it is too demanding. The final section of the paper sketches a substantially revised version of Hare's reply to intuitive objections. So revised, the argument is independent of Hare's proof and affords a plausible answer to the objection that utilitarianism is too demanding. (shrink)

This qualitative research study examines moral responsiveness and thinking in a mixed gender class of primary school children over a period o f four and a half years. It sets out to track development in children’s moral awareness, looking at gains and losses from middle to late childhood, and focusing on cognitive skills, notions of moral rectitude, and interpersonal relationships and friendship. The first part of the study is designed to offer a theoretical background to inform interpretation of the data (...) in the second part. It examines major issues in morality and moral education in the context of significant recent debates across several disciplines, including developmental psychology, philosophy, sociology and education; it also offers a theoretical perspective on children’s ability to think together about morality in a community of enquiry and on related issues of pedagogy. Through interpretation of transcripts, the second part o f the study analyses the children’s thinking, in response to a wide range of content, on issues of justice, freedom and responsibility, rights and duties, inclusiveness, and friendship. Gender differences, most notably the reticence of girls to express themselves in a mixed gender group after about age ten, are also examined. The study demonstrates how, through participation in a community of ethical enquiry such as Thinking Time - Philosophy with Children, children become more thoughtful and develop respect and responsiveness to others as well as other traits of character that are central to democratic citizenship. (shrink)

Is there anything special about the ethical problems of intracerebral stem-cell transplantation and other forms of cell or tissue transplantation in the brain that provides neuroethics with a distinctive normative profile, setting it apart from other branches of medical ethics? This is examined with reference to some of the ethical problems associated with interventions in the brain such as potential changes in personal identity and potential changes in personality. It is argued that these problems are not sufficiently specific to justify (...) the autonomy of neuroethics as a separate discipline and can be handled by the established principles of medical ethics. The paper concludes with a constructive proposal how to deal with interventions in the brain for which the patient is unable to give valid ex-ante consent. (shrink)

Supporting the rational suicide of a patient with a terminal disease is opposed by a majority of German doctors, whereas assistance in such patients’ hastening their death by voluntarily stopping eating and drinking is predominantly judged to be acceptable. Are these two positions compatible? It is argued that the normative differentiation cannot be justified by the fact that the assistance in active suicide is itself active, whereas assistance in VSED is merely passive. Even in "letting die" a patient from hastening (...) death by refusing nutrition and hydration there is an active element in the doctor's/the palliative care team's assurance that they will provide palliative support in case of need. Nor can the difference in evaluation be justified by relevant differences in the causal situation. Enabling a patient to perform VSED and assisting a patient's active suicide under the same circumstances are, as far as causal relevance is concerned, on a par. This holds, at least, on a condition view of causality in the tradition of John Stuart Mill. Finally, the paper discusses whether there are other morally relevant dimensions by which actively and passively supporting a patient suicide under the relevant circumstances differ, again with a negative result. (shrink)

In this essay, I will engage with the controversy that has sprung up between the proponents of the sharp separation thesis and those of the entanglement thesis. What I will be defending is a variant of the entanglement thesis. By drawing on contemporary action theory and on epistemic conceptualism, I will argue that, while objective facts and practical norms are indeed distinct categories of thought, that distinction does not amount to a conceptual gap—a dichotomy or unbridgeable divide. Their relation, in (...) other words, is not one of logical dualism but one of mere (analytical) distinction between interdependent categories of thinking. Hence the entanglement view on which distinction does not entail dichotomy. (shrink)

This paper situates the problem of defeaters in a larger debate about the source of normative authority. It argues in favour of a constructivist account of defeasibility, which appeals to the justificatory role of normative principles. The argument builds upon the critique of two recent attempts to deal with defeasibility: first, a particularist account, which disposes of moral principles on the ground that reasons are holistic; and second, a proceduralist view, which addresses the problem of defeaters by distinguishing between provisional (...) and strictly universal principles. The particularist view fails to establish that moral principles have no epistemological import, but it raises important questions about their role in practical reasoning. The proceduralist view fails to distinguish between reasoning by default and reasoning by principles, but it shows that normative principles have a structural justificatory role. The constructivist view recognizes that the moral valence of normative claims vary across contexts, but denies that this is because of holism about reasons. Rather, it defends defeasibility within a constructivist account of reasoning where universality serves as the matrix of judgment. The constructivist view vindicates the justificatory role of universal normative principles, and makes room for some ordinary sources of defeasibility, which are left unaccounted by competing views, and which depend on the agent’s own progress. (shrink)

Bernard Williams, yirminci yüzyılın ikinci yarısında Anglosakson ahlak felsefesinin önde gelen isimlerinden biri olmuştur. Görüşleriyle günümüzdeki tartışmalarda da hâlâ etkili bir figür olan Williams’ın etik düşüncesi, bilhassa modern ahlak felsefesine karşı güçlü bir skeptisizm içerir. Modern ahlak felsefesindeki pek çok pozisyon ve kabulü etik hayatın yanlış bir temsili olarak değerlendiren Williams, bu gibi pozisyon ve kabullerin etik pratiğimizi anlamak ve ona yön vermek açısından bize yardımcı olamayacağını, hatta bu tür bir anlama ve yön verme çabasını engellediğini ileri sürer. Modern ahlak (...) felsefesindeki karakteristik bir pozisyon, faydacılık, Williams’ın bu tür görüş ve eleştirilerinin başlıca hedeflerinden biridir. Bizim bu makaledeki amacımız, Williams’ın faydacı ahlak anlayışına getirdiği eleştirinin ayrıntılı bir takdimini yapmak ve bu eleştirinin Williams’ın etik düşüncesi içindeki yerine işaret etmektir. Williams tarafından karakter bütünlüğüne yapılan vurgunun altını çizen makalemiz, Williams’ın faydacı ahlak anlayışına getirdiği eleştiriyi, soyut bir evrensele dayanan tüm ahlak anlayışlarına yönelttiği daha genel bireleştirinin bağlamına yerleştirmeyi denemektedir. (shrink)

Thesis (Ph. D.)--University of Hawaii at Manoa, 1991.

(No abstract is available for this citation).

The poster boy for my paper is the King's Messenger in Lewis Carroll's Through the Looking Glass. Recall that since the White Queen lives backwards, her memory works forwards. She pities Alice who can only remember things after they happen. Alice asks which things the Queen remembers best: `Oh, things that happened the week after next,' the Queen replied in a careless tone. `For instance, . . . there's the King's Messenger. He's in prison now, being punished: and the trial (...) doesn't even begin till next Wednesday: and of course the crime comes last of all.' (Chapter V) Is the King's Messenger being treated unjustly? Why not prepunish people for their future crimes? True, it is generally easier to have knowledge about past crimes than future crimes. But is unpredictability the only problem with prepunishment? (shrink)

Some expressions, such as ‘generous’ and ‘stingy’, are used not only to describe the world around us. They are also used to evaluate the things to which they are applied. In this paper, I suggest a novel account of how this evaluation is conveyed—the conventional triggering view. It partly agrees and partly disagrees with both the standard semantic view and its popular pragmatic contender. Like the former and unlike the latter, my view has it that the evaluation is conveyed due (...) to the conventional meaning of the sentences in question. Unlike the former and much like the latter, my view suggests that the evaluation is a secondary rather than a primary content. (shrink)

What is required for one thing to be a reason for another? Must the reason, more precisely, be or involve a principle? In this essay I target the idea that justification via reasons of one's beliefs (e.g., epistemic or moral) requires that the 'justifying reasons' be or involve (substantive and significant) principles. I identify and explore some potential sources of a principles requirement, and conclude that none of them (i.e., the normative function of reasons, the abstract structure of reasons, the (...) universalizability constraint on [moral] reasons, and even the pragmatic considerations that attenuate 'real-world' reason-giving) mandate that reasons be principles. I then explore implications of this conclusion, and note especially the resultant and paradoxical permissibility of justifying reasons that manage to be lawlike (a sine qua non for justifying reasons) even while consisting of highly-detailed and situation-specific proposition sets, e.g., novel-length narratives. (shrink)

Stakeholder participation is an increasingly popular ingredient within environmental management and decision-making. While much has been written about its purported benefits, a question that has been largely neglected is whether decision-making informed through stakeholder participation is actually likely to yield decisions that are morally justified in their own right. Using moral methodology as a starting point, we argue that stakeholder participation in environmental decision-making may indeed be an appropriate means to produce morally justified decisions, the reason being that such participation (...) may constitute an efficient way to satisfy the standard requirements on moral reasoning and moral justification. This finding also emphasizes the importance of identifying those settings most conducive to allowing different stakeholders to both challenge each other’s arguments and to adopt each other’s perspectives in order to make effective use of participation in environmenta... (shrink)

This essay focuses on the value of self-doubt in moral inquiry and in moral education. Using John Patrick Shanley’s play, Doubt: A parable, as illustration, it shows how self-doubt initiates and extends moral inquiry, highlights one’s epistemic fallibility and connects the inquirer to the virtue of humility. The essay draws on the work of Charles Sanders Peirce, Hullett, Nussbaum, Thayer-Bacon and Elbow to support the idea that the question ‘Am I wrong?’ is important for moral inquiry and for moral education.

Arguments from thought experiment ask the reader to imagine some hypothetical, sometimes exotic, often fantastic, scenario for the sake of illustrating or countering some claim. Variously characterized as mental experimentation, imaginary cases, and even crazy cases, thought experiments figure into both scientific and philosophical arguments. They are often criticized for their fictive nature and for their lack of grounding. Nevertheless, they are common especially in arguments in ethics and philosophy of mind. Moreover, many thought experiments have spawned variations that attempt (...) to both affirm and refute their original arguments. These emended thought experiments exhibit a variety of styles, details, and embellishments. A rhetorical analysis of these variations suggests a reciprocal influence between the arguers' selection of details and their philosophical commitments. I offer examples of this relationship from the variations on John Searle's Chinese Room thought experiment and Judith Thomson's unconscious violinist thought experiment. (shrink)

Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their view of the (...) nature of law. I argue that the Scandinavians differ from legal positivists in that they reject the idea that there are legal relations, that is, legal entities and properties, and to varying degrees defend the view that law is a matter of human behavior rather than legal norms, and that they do not and cannot accept the idea that there is a ‘world of the ought’ in Kelsen's sense. I also argue, more specifically, that the objection to non-naturalist theories raised by the Scandinavians—that there is and can be no connection between the higher realm of norms and values and the world of time and space—is convincing, and that Kelsen's introduction of a so-called modally indifferent substrate does nothing to undermine this objection. In addition, I argue that the Scandinavians can account for the existence of legal relations that do not presuppose the existence of morally binding legal norms by embracing conventionalism about the existence of the sources of law, while pointing out that in doing so they would also be abandoning their legal realism for legal positivism. Finally, I argue that the implications for legal scholarship of the realist emphasis on human behavior instead of legal norms is not well explained by the realists and appear to amount to little more than a preference for teleological interpretation of legal norms. (shrink)

The main purpose of the paper is to present a new framework of meta-ethics which I call the Functional Model of Analysis. It presupposes that the most important meta-ethical question is not “What is the meaning of normative words, sentences and what is the ontological fabric of the moral world?” but “What should morality and ethics be for?”. It is a form of meta-ethics that focuses on finding theoretical resources that can be helpful in understanding ongoing ethical debates between disciples (...) of Aristotle, Epicurus, the Stoics, Augustine, Hobbes, utilitarians and Kant, and in building normative ethical theories that can help us to answer normative questions. As an example of such output I will present a formal sketch of Hybrid Function Consequentialism – a normative ethical theory based upon the meta-ethical framework proposed here. (shrink)

My purpose in this paper is to summarize some aspects of utilitarianism and to provide a general overview of Hare's preference utilitarianism, followed by a critique of Hare's preference theory.

Virtue ethics is currently one of the most widely known ethical theories. According to it, to act morally well, one needs to perfect one’s moral character by acquiring virtues. Among various virtues, we can distinguish the group of so-called virtues of will power to which, among others, belong self-control, decisiveness, patience, etc. As they are necessary for the effectiveness of human actions, they are also called executive virtues. It is doubtful, however, if they deserve the proper name of virtues because (...) they can be used either in the realization of good goals or evil ones. To serve the realization of what is good, they need to be combined with so-called substantial virtues. Virtues of will power are often identified with practical skills, and perfecting will power is identified with exercising such practices as playing an instrument, doing some sports, or taking practice in medicine. In my article, I am trying to compare the view of will power virtues with the results in empirical, psychological studies over self-control and self-regulation. I will show to what extent these two descriptions – philosophical and psychological – are congruent. I will also take a closer look at the observed phenomenon of the depleted will, and whether this observation undermines the conclusions assumptions of virtue ethics. (shrink)

Frank Jackson, Michael Smith, and Philip Pettit contend in their 2000 paper that an argument from supervenience deals a fatal blow to shapeless moral particularism, the view that the moral is shapeless with respect to the natural. A decade has passed since the Canberrans advanced their highly influential supervenience argument. Yet, there has not been any compelling counter-argument against it, as far as I can see. My aim in this paper is to fill in this void and defend SMP against (...) the Canberrans’ supervenience argument. Such being the case, I will firstly re-construct the Canberrans’ supervenience argument in detail and push it as far as it can go. In fact, I will defend it against a number of existing objections respectively from Garfield, Dancy, and McDowell. Next, I will argue, however, that the supervenience argument, despite its initial plausibility, has one major pitfall: it hinges on an overly permissive conception of ‘shape’ such that it does not generate the right kind of moral principles the shapeless moral particularists are concerned to refute. I thus conclude that the seemingly scathing supervenience argument turns out to be toothless against SMP. Although this would not prove SMP to be right, for it might attract criticisms from other fronts, yet, until they come up, SMP, contrary to prevalent conceptions, remains alive and kicking. (shrink)

Using tombstoning (jumping from a height into water) as an example, this article claims that public health policies and health promotion tend to assess the moral status of activities following a version of health maximizing rule utilitarianism, but this does not represent common moral experience, not least because it fails to take into account the enjoyment that various health effecting habits brings and the contribution that this makes to a good life, variously defined. It is proposed that the moral status (...) of health threatening activities should instead be defined by a version of act utilitarianism where both maximizing value and method of calculation are decided by individuals. In this account personal responsibility for health is reduced to the obligation to undertake calculations effectively, comprising of two duties; epistemic and reflective. If there is an individual epistemic duty, it is plausible to suggest that health promotion should present information in a way which facilitates it, but despite the prevalent language of autonomous choice, discussion of health promotion messages, for example, related to drinking and smoking demonstrates that this currently does not happen. Health promotion strategies should seek to encourage reflection about the harm our health effecting behaviour causes others. (shrink)

Whereas most moral philosophers believe that the facts as to what we’re morally required to do are grounded by the facts about our moral reasons, which in turn are grounded by non-normative facts, I propose that moral requirements are directly grounded by non-normative facts. This isn’t, however, to say that there is no place in the picture for moral reasons. Moral reasons exist, and they’re grounded by moral requirements. Arguing for this picture of the moral sphere requires playing both offense (...) and defense; this article provides the defense. I defend this view against the objections that it must deny that one is generally blameworthy for having violated a moral requirement, that it implies the existence of genuine moral dilemmas, that it runs counter to an obviously true view of how moral deliberation should work, and that it cannot explain why it feels as though figuring about what one is morally required to do often takes the form of thinking about what one’s moral reasons are. (shrink)

Philosophy and Phenomenological Research, EarlyView.