D’Angelo and Tamburrini invited readers to consider doping in sport as a health issue and dopers as potential addicts who need therapy rather than offenders who need punishing. The issue of addiction in sport is important and very much under researched. In this essay I explore the extent to which addiction can be justifiably used as an excuse for offending behaviour. The favoured argument is that addicts experience a craving or compulsion to use over which they have no control. I (...) argue that there is insufficient evidence that addicts experience such compulsion. Although it seems science is unravelling some of the mysteries of addiction, it has not provided sufficient evidence that addictive consumption amounts to compulsive use. Nevertheless, it is clear that addicts do have difficulty with controlling their use and such difficulties ought to be considered in any judgements about moral responsibility. This does not mean that rules or laws including anti-doping legislation should be altered because not all.. (shrink)

In the context of debates on psychiatry issues pertaining to moral dimensions of psychiatric health care are frequently discussed. These debates invite reflection on the question whether forensic practitioners have a role in stimulating patients’ moral development and moral growth in the context of forensic psychiatric and psychological treatment and care. We conducted a qualitative study to examine to what extent forensic practitioners consider moral development and moral growth to be a part of their current professional practices and to what (...) extent they think that stimulating moral development is a legitimate objective in the context of forensic psychiatric treatment. In addition, we asked how forensic practitioners balance pubic safety and risk management concerns with the interests and wellbeing of the individual patient. We conclude that: elements of moral development and moral growth in forensic psychiatric care practices are to a certain extent inevitable and not necessarily questionable or undesirable; yet, as in similar debates these elements need to be made explicit in order to discuss the accompanying ethical challenges and boundaries. An open academic, professional and public debate on aspects of stimulating moral betterment within current practices is therefore desirable. (shrink)

My aim in this paper is to provide a conceptual elucidation of the notion of constitutive normativity, which is central to Constitutivism as a first-order theory of agency, as well as to its metanormative ambitions. After introducing and clarifying the origins and scope of Constitutivism (Section 2), I focus on Christine M. Korsgaard’s version thereof (Section 3), which provides an explicit articulation of the notion of constitutive norms. Despite Korsgaard’s explicit acknowledgement that the concepts of action and agency come in (...) degree, one problematic consequence of her account is the tension between the simultaneously descriptive and normative character of constitutive norms (their double nature), and another component of Korsgaard’s constitutivist account (her Authorship View). Cases of a specific variety of “disorders of agency” are used to show that while an agent’s individual actions might fail to display Korsgaard’s required pattern of consistency, self-reflection, and self-unification (and often, morality), her agency does not fade nor is disrupted (Section 4). After discussing those cases, I suggest that Korsgaard’s acknowledgement that the notions of action and agency come in degree and her relational notion of responsibility be strengthened via the adoption of a thorough interactionist and scalar approach. While for Korsgaard the constitutive norms governing agency amount to the norms governing practical reasoning and morality, I contend that the constitutive normativity pertaining to human agency is not ‘homogeneous’ in kind: there are more norms governing agency than just the norms for practical reasoning—and, in particular, that agency necessarily involves social norms distinct from any notion of practical reasoning. I draw on a theoretical framework on the metaphysics of normativity developed within the philosophy of biology to distinguish two varieties of constitutive normativity (socially-generated and non-practice-based) (Section 5), and provide a preliminary articulation of the socially-generated constitutive normativity inspired by the speech-act-theoretical account of the performative dimension of language (Section 6). (shrink)