This article explores the ‘hermeneutic of suspicion’ that seems to drive contemporary American jurists to interpret their opponents’ arguments to be ideologically motivated wrong answers to legal questions. The first part situates the hermeneutic in the history of the critique of legal reasoning, in public and private law, particularly the critique that claims that ‘no right answer is possible’ to many high-stakes questions of legal interpretation. The second part locates the hermeneutic in the long running processes of juridification, judicialization and (...) constitutionalization that characterize law in modern society. The last part interprets the hermeneutic as ‘projective identification’, in the sense of Freud’s analysis of jealousy, with the jurist solving the problem of role conflict by firmly externalizing the inevitable ideological element in doing justice onto his opponent while preserving the legalist element in doing justice for himself. (shrink)

John Dewey developed a pragmatic theory of inquiry to provide intelligent methods for social progress. He believed that the logic and attitude of successful scientific inquiries, properly conceived, could be fruitfully applied to morals and politics. Unfortunately, his project has been poorly understood and his logic of inquiry neglected as a resource. Contemporary pragmatists, like Richard Rorty, for example, dismiss his emphasis on method and avoid judgments of moral progress that are in any way independent of the biases of particular (...) cultures. In this article, I argue that Dewey’s theory of inquiry indeed provides intelligent methods and intellectual criteria for engaging moral and political matters. Inquiry, as Dewey conceives it, issues in judgments that are increasingly objective, reliable and refined in application. These judgments are rooted in particular times and places, in actual ‘situations’, but are not entirely hostage to specific cultures. I then apply Dewey’s theory to two standard moral problems to demonstrate how it works. The conclusion is that Dewey’s theory of inquiry gets it just right: it provides solid ground for criticism and moral progress while remaining acutely sensitive to cultural differences and changing circumstances. (shrink)

The endeavour to locate value in moral progress faces various substantive as well as more formal challenges. This paper focuses on challenges of the latter kind. After some preliminaries, Section 3 introduces two general kinds of “evaluative moral progress-claims”, and outlines a possible novel analysis of a descriptive notion of moral progress. While Section 4 discusses certain logical features of betterness in light of recent work in value theory which are pertinent to the notion of moral progress, Sections 5 and (...) 6 outline the ambiguous character of “making moral progress”. (shrink)

The overall objective of this dissertation is to study moral entrepreneurship within animal and business ethics in relation to moral change. In particular the current capability in bringing about moral change and its potential to do so.

This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...) constitute the meaning of actions within those practices, or when they have otherwise been given well-considered defenses. In criticizing law and economics as a normative theory, I acknowledge that economic considerations are often important in deciding how to act in the personal sphere and how government should allocate its scarce resources. I argue that while the use of institutions to promote our ideals forces us to take their costs into account, it is a mistake to infer from this that the question of determining social policy is a purely economic problem, and that we should acknowledge the non-utilitarian moral ideals our law and practices promote. This is the basis of both an internal criticism--law and economics theorists have not sufficiently evaluated and weighed the value of fairness and other ideals in their utility calculations--and an external criticism-- these ideals are important in ways that can not be measured in utiles. (shrink)

Do philosophy professors specializing in ethics behave, on average, any morally better than do other professors? If not, do they at least behave more consistently with their expressed values? These questions have never been systematically studied. We examine the self-reported moral attitudes and moral behavior of 198 ethics professors, 208 non-ethicist philosophers, and 167 professors in departments other than philosophy on eight moral issues: academic society membership, voting, staying in touch with one's mother, vegetarianism, organ and blood donation, responsiveness to (...) student emails, charitable giving, and honesty in responding to survey questionnaires. On some issues, we also had direct behavioral measures that we could compare with the self-reports. Ethicists expressed somewhat more stringent normative attitudes on some issues, such as vegetarianism and charitable donation. However, on no issue did ethicists show unequivocally better behavior than the two comparison groups. Our findings on attitude-behavior consistency were mixed: ethicists showed the strongest relationship between behavior and expressed moral attitude regarding voting but the weakest regarding charitable donation. We discuss implications for several models of the relationship between philosophical reflection and real-world moral behavior. (shrink)

Abstract Richard Posner's Law, Pragmatism, and Democracy urges that political and legal decision makers should be guided by what he calls ?everyday pragmatism,? rather than by ?abstract? moral theory. He links his conception of pragmatic government to Sclmmpeter's unromantic view of democracy. Posner argues that judicial review should be based on a combination of pragmatism and adherence to this limited conception of democracy, rather than sticking closely to ?formalist? theories of adjudication, which demand strict adherence to traditional legal norms. However, (...) Posner's consequentialist pragmatism fails to provide an adequate guide to judicial decision making, because it does not give us any criterion for deciding which consequences are desirable. His Schumpeterian theory of democracy, too, is problematic because it does not sufficiently consider the shortcomings exposed in recent scholarship in political science and economics. (shrink)

If explicit cognition about morality promotes moral behavior then one might expect ethics professors to behave particularly well. However, professional ethicists' behavior has never been empirically studied. The present research examined the rates at which ethics books are missing from leading academic libraries, compared to other philosophy books similar in age and popularity. Study 1 found that relatively obscure, contemporary ethics books of the sort likely to be borrowed mainly by professors and advanced students of philosophy were actually about 50% (...) more likely to be missing than non-ethics books. Study 2 found that classic (pre-1900) ethics books were about twice as likely to be missing. (shrink)

If philosophical moral reflection improves moral behavior, one might expect ethics professors to behave morally better than socially similar non-ethicists. Under the assumption that forms of political engagement such as voting have moral worth, we looked at the rate at which a sample of professional ethicists—and political philosophers as a subgroup of ethicists—voted in eight years’ worth of elections. We compared ethicists’ and political philosophers’ voting rates with the voting rates of three other groups: philosophers not specializing in ethics, political (...) scientists, and a comparison group of professors specializing in neither philosophy nor political science. All groups voted at about the same rate, except for the political scientists, who voted about 10–15% more often. On the face of it, this finding conflicts with the expectation that ethicists will behave more responsibly than non-ethicists. (shrink)

Do professional ethicists behave any morally better than other professors do? Do they show any greater consistency between their normative attitudes and their behavior? In response to a survey question, a large majority of professors (83 percent of ethicists, 83 percent of nonethicist philosophers, and 85 percent of nonphilosophers) expressed the view that “not consistently responding to student e-mails” is morally bad. A similarly large majority of professors claimed to respond to at least 95 percent of student e-mails. These professors, (...) and others, were sent three e-mails designed to look like queries from students. Ethicists’ e-mail response rates were not significantly different from the other two groups’. Expressed normative view correlated with self-estimated rate of e-mail responsiveness, especially among the ethicists. Empirically measured e-mail responsiveness, however, was at best weakly correlated with self-estimated e-mail responsiveness; and professors’ expressed normative attitude was not significantly correlated with empirically measured e-mail responsiveness for any of the three groups. (shrink)

Extremists who have been well educated in science are quite common, but nevertheless puzzling. How can individuals with high levels of scientific education fall prey to irrationalist ideologies? Implicit assumptions about rationality may lead to tremendous and conspicuous developments. When correction of social deficits is seen as a pressing problem, it is quite common that individuals conclude that some religious or political system contains the all-encompassing answer, if only it is applied with sufficiently high standards. Implicit assumptions about rationally high (...) standards often demand consistency, system and justification. The strict application of these standards to political and/or religious systems leads quite readily to extremism. J. L. Talmon has shown how the rationality of the Enlightenment led to intolerance, dictatorship and torture. The Enlightenment view of rationality can also encourage irrationalist ideologies and extremism: it leads individuals to conclude that various religions and/or political systems contain all encompassing answers, if only they are systematic, coherant and justified. Alternative theories of science and rationality, which view rationality as critical, partial, and progressive, and which seek to improve imperfect standards, can help avoid the unintended support of extremism rendered by established views of rationality. Unfortunately such theories meet enormous resistance: they call into question well-established canonical doctrines. (shrink)

Philip Kitcher presents an ambitious account of pragmatic naturalism that incorporates an explanatory story of the emergence and development of ethics, a metaethical perspective on progress, and a normative stance for moral theorizing. This article contends that Kitcher's normative stance is incompatible with the explanatory and metaethical components of his project. Instead, pragmatic naturalists should endorse a normative ethics that is experimental, grounded in practice, and acutely aware of cognitive and informational limitations. In particular, the ethical project would benefit from (...) endorsing empirical work on participatory democracy for the identification of mechanisms to guide us on deep moral conflicts. (shrink)

G.A. Cohen famously claims that egalitarians shouldn’t be so rich. If you possess excess income and there is little chance that the state will redistribute it to the poor, you are obligated to donate it yourself. We argue that this conclusion is correct, but that the case against the rich egalitarian is significantly stronger than the one Cohen offers. In particular, the standard arguments against donating one’s excess income face two critical, unrecognized problems. First, we show that these arguments imply (...) that citizens have no duty to further egalitarian political institutions—a conclusion that Cohen’s Rawlsian opponents cannot abide. Second, these arguments yield unacceptable implications for other questions of justice. We conclude that even moderately rich egalitarians are obligated to donate their excess income. (shrink)

This paper represents the first installment of alarger project devoted to the relevance of pragmatism forbioethics. One self-consciously pragmatist move would be toreturn to the classical pragmatist canon of Peirce, James andDewey in search of substantive doctrines or methodologicalapproaches that might be applied to current bioethicalcontroversies. Another pragmatist (or neopragmatist) move wouldbe to subject the regnant principlist paradigm to Richard Rorty'ssubversive assaults on foundationalism in epistemology andethics. A third pragmatist method, dubbed ``freestandingpragmatism'' by its proponents, embraces a ``pragmatist'' approachto practical (...) reasoning without discernable moorings either to theclassical canon or to Rorty's neopragmatism. This thirdpragmatist approach to method in practical ethics is the subjectof this article. I begin with an examination of freestandingpragmatism in the theory of judicial decision making. I arguethat this version of legal pragmatism – so described on account ofits commitments to contextualism, instrumentalism, eclecticism,and freedom from grand theory – bears a striking resemblance tomuch self-described pragmatist work in bioethics today. Ifurther argue that if this is what we mean by ``pragmatism,'' thenin a certain sense ``we are all pragmatists now.''. (shrink)

Constitution is an exclusive legal document, and its interpretation is a process – a continuous work of explanation of its content, the end and qualitative perfection of which may only be considered taking into account the limits of intellectual potential of the particular time. The interpretation of constitution is a permanent process, which is influenced and determined by plenty of conceptual factors. Firstly the supreme juridical power of the constitution as well as its integrity determines the opportunities of its interpreter (...) and applier. Integrity of the constitution is considered to be the legal, philosophical, logical integrity of its norms, which determines an obligation of its interpreter to perceive this legal act as an integral unit, i.e. not only as a catalogue of particular values, but also as a balance of these values. All the constitutional expressis verbis provisions are equal in its’ juridical power, that is why they do not negate each other, on the contrary – each of them only complement others’ content. Besides, it is important to mention that exceptional juridical power of the constitution determines its interpretational self-sufficiency. Constitution can not be interpreted invoking the content of the acts of lower juridical power. (shrink)

My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and make (...) my case not only for the normative salience of deep conventions but for their normative superiority over the abstract normative principles broad internalists champion. (shrink)

Given the original founders, texts, and location of Critical Legal Studies, its association with the 1960s counterculture is uncontroversial. However, this paper interrogates the assumption that CLS is itself a counterculture by proxy. Drawing from seminal work on subcultures, moral panics, and the emerging field of minor jurisprudence, this paper recategorises Critical Legal Studies as a legal subculture. An argument of clarification underpins this recategorisation, addressing the relationship between CLS and the dominant legal framework, its relationship with the counterculture, and (...) why the reactions CLS received from the legal community were to be expected. (shrink)

If philosophical moral reflection tends to promote moral behavior, one might think that professional ethicists would behave morally better than do socially comparable non-ethicists. We examined three types of courteous and discourteous behavior at American Philosophical Association conferences: talking audibly while the speaker is talking (versus remaining silent), allowing the door to slam shut while entering or exiting mid-session (versus attempting to close the door quietly), and leaving behind clutter at the end of a session (versus leaving one's seat tidy). (...) By these three measures, audiences in ethics sessions did not appear to behave any more courteously than did audiences in non-ethics sessions. However, audiences in environmental ethics sessions did appear to leave behind less trash. (shrink)

Studies link involuntary outpatient commitment with improved patient outcomes, fueling debate on its ethical justification. This study compares inpatient utilization for committed outpatients in the 1990s with those who were not under outpatient civil commitment orders. Findings reveal committed outpatients had higher utilization of inpatient services and restraint episodes prior to their commitment compared with a control group. Committed outpatients also were more likely to have been on discharge status at the time of admission, have been admitted involuntarily under emergency (...) legal procedures, and have had a greater number of admissions and hospital days prior to their commitment. Following commitment, patients had fewer hospitalizations, shorter lengths of stay, fewer seclusion episodes and hours, and fewer restraint episodes and hours. Findings are discussed within the context of parens patriae and therapeutic jurisprudence, and support medical and public policy justifications for ethical uses of outpatient civil commitment laws for seriously mentally ill patients. (shrink)

Nothing is more common in moral debates than to invoke the names of great thinkers from the past. Business ethics is no exception. Yet insofar as business ethicists have tended to simply mine abstract formulas from the past, they have missed out on the potential intellectual gains in meticulously exploring the philosophic tradition. This paper seeks to rectify this shortcoming by advocating a close reading of the so-called “great books,” beginning the process by focusing on Aristotle. The Nichomachean Ethics and (...) The Politics points to Aristotle’s emphasis on tying business morality to a universal conception of the good life. This conception defines personal happiness to chiefly consist in practicing the virtues, a life in which both desire and the pursuit of wealth is kept under check. According to Aristotle, virtue reaches its height with the exercise of the intellectual virtues of prudence and wisdom – the first manifest in the leadership of organizations, and the second in the philosophic search for truth. From an Aristotelian point of view, therefore, the greatest ethical imperative for business is to give individuals opportunities to thoughtfully participate in the management of company affairs and to contemplate the ultimate meaning of things. (shrink)

Several areas of expanding corporate responsibilities are evident from current practices. This article penetrates one such field, economic compensation through litigation, and discusses the possibility and desirability of reversing the trend. In court, companies are fined increasing amounts for an ever wider range of faults, or they settle out of court under this legal threat. This is not a local American problem, but European companies are increasingly involved because of globalization. The development in Europe is also driven by the same (...) factors as in America – the mechanics of litigation and conventional ethics. The greed of plaintiffs and lawyers can mobilize the perceived virtue of sympathizing with a victim. Therefore it seems likely that a precondition for tort reform is an ethical reevaluation. Is it desirable and politically possible to make the individual more responsible for his own fate? (shrink)

The constitution’s standing as a legal act of the highest power not only ensures its exclusive status in the legal system but also determines the hierarchic certainty of all norms within that system. The explicit character of the constitution does not preclude it from ensuring the hierarchical functionality of the legal system. This latter function requires that the limitation “problem” of explicitness be addressed by interpreting the constitution as a systemic document. Applying the constitution, therefore, requires a continuous effort in (...) comprehending it. The official doctrine of constitutional judicial institutions reflects the standard for understanding the constitution. This standard becomes the sole source, not only de jure, but significantly de facto, for determining the legality of legal acts. The constitution, as the prime and foremost law in a country, determines the functionality of the entire system of legal norms. As a legal source, it takes on the role of the material arbiter of final legality. The constant need to ensure the functioning of the system of legal norms hence informs yet another necessity–to apprehend and understand the constitution and the norms and principles established within. A few factors induce this perpetual need for interpretation, those being (a) the abstractness of constitutional norms, (b) “competition” among constitutional norms, (c) the integral and systemic nature of the constitution, and (d) the problem of legislative/regulative omission in the constitution. (shrink)

Globalization, with its undisputed benefits, also presents complex moral challenges that business leaders cannot ignore. Some of this moral complexity is attributable to the scope and nature of specific issues like climate change, intellectual property rights, economic inequity, and human rights. More difficult aspects of moral complexity are the structure and dynamics of human moral judgment and the amplified universe of global stakeholders with competing value claims and value systems whose interests must be considered and often included in the decision-making (...) process. While managing moral challenges is considered in management literature to be a legitimate and crucial function of business leadership, the complexity of moral challenges in a globalized business culture stretches the managerial capacities of individuals who rely on a personal moral compass and their own wisdom traditions of philosophy or religion for guidance. The Global Moral Compass introduces an expanded epistemic value framework as an aid to understanding and managing moral complexity in a globalized business culture. (shrink)

Debates about moral judgments have raised questions about the roles of reasoning, culture, and conflict. In response, the cognitive prototype model explains that over time, through training, and as a result of cognitive development, people construct notions of blameworthy and praiseworthy behavior by abstracting out salient properties that lead to an ideal representation of each. These properties are the primary features of moral prototypes and include social context interpretation, intentionality, consent, and outcomes. According to this model, when the properties are (...) uniform and coherent, they depict a promoral or immoral prototype, relative to the orientations of the properties. A promoral prototype is represented by an action that is supported by the culture, intentionally benevolent or other-regarding, consensual, and resulting in positive outcomes. An immoral prototype is an action that is condemned by the culture, intentionally malevolent or self-serving, lacking consent, and resulting in negative outcomes. It is hypothesized that moral prototypes will result in a high level of agreement and require effortless processing. Alternatively, when properties conflict or the situation deviates from the prototype, a nonprototype will result. It is hypothesized that nonprototypical situations will act as a source of moral disagreement and may require more effortful processing. (shrink)

The paper provides an account of the pragmatist philosophical conception of reciprocity and altruism based on the ontology of “panrelationalism”. The Deweyan concepts of transaction and cooperation are also outlined in some detail as well as the pragmatist (Rortyan) idea of justice. The author attempts to show that altruism is not necessarily just reciprocal but demands as its supplement (at least) altruism without reciprocation.