I defend traditional aesthetics against sociological criticism. I argue that “historicist” approaches are not supported by arguments and are intrinsically implausible. Hence the traditional ahistorical philosophical approach to the judgment of taste is justified. Many Marxist, feminist and postmodernist writers either eliminate aesthetic value or reduce it to their favourite political value. Others say that they merely want to give a historical explanation of the culturally local phenomenon of thinking in terms of the aesthetic. As a preliminary, I point out (...) that the conception of the aesthetic these theorists operate with is a straw man. In particular, Kant would have rejected it. I then point out that the empirical evidence does not support their historicist views. Most sociological theorists adduce no evidence, thinking their view obviously correct. Where evidence is adduced, the evidence has little connection with their general historicist conclusions. Lastly, I put pressure on the historicist view, first by appealing to the enormity of the error attributed to ordinary people, and second by appealing to the inevitability of pragmatic inconsistency by those who assert the view. I conclude that traditional philosophical aesthetics was right to be ahistorical. (shrink)

This paper interprets the relation between sovereignty and guilt in Nietzsche's Genealogy. I argue that, contrary to received opinion, Nietzsche was not opposed to the moral concept of guilt. I analyse Nietzsche's account of the emergence of the guilty conscience out of a pre-moral bad conscience. Drawing attention to Nietzsche's references to many different forms of conscience and analogizing to his account of punishment, I propose that we distinguish between the enduring and the fluid elements of a ‘conscience’, defining the (...) enduring element as the practice of forming self-conceptions. I show that for Nietzsche, the moralization of the bad conscience results from mixing it with the material concepts of guilt and duty, a process effected by prehistoric religious institutions by way of the concept of god. This moralization furnishes a new conception of oneself as a responsible agent and holds the promise of sovereignty by giving us a freedom unknown to other creatures, but at the price of our becoming subject to moral guilt. According to Nietzsche, however, the very forces that made it possible have spoiled this promise and, under the pressures of the ascetic ideal, a harmful notion of responsibility understood in terms of sin now dominates our lives. Thus, to fully realize our sovereignty, we must liberate ourselves from this sinful conscience. (shrink)

Since digital piracy has posed a significant threat to the development of the software industry and the growth of the digital media industry, it has, for the last decade, held considerable interest for researchers and practitioners. This article will propose an integrated model that combines the theory of planned behavior (TPB) and ethics theory, the two theories that are most often used in digital piracy studies. Data were obtained from university students in China, and the model was examined using the (...) structural equation model (SEM). The results show that moral obligation and justice, derived from ethics theories and TPB variables, such as attitude, subjective norms, and perceived behavioral control, influence the behavioral intentions of individuals to commit digital piracy. The attitude of individuals toward digital piracy is also found to be influenced by perceived benefits, perceived risk, and habit. (shrink)

ABSTRACT“How should a person lead her life?” The purpose of this paper is to suggest some principles (not a complete list) which will serve us ‘intellectual instruments’ for assessing forms of life. These principles are utilitarian in nature, and, as I will argue, essential to a reasonably rich account of personal well-being. The principles suggested are not instrumental, that is, they determine the worthiness of a form of life led by an agent irrespective of whether it satisfies her existing desires (...) and meet her actual preferences. Hence, I will argue that a person can be deprived, that is, categorically deprived, even when most of her desires are satisfied. In the last section of the paper I will argue for the role of education in ‘initiating’ the agent into worthy forms of life, and hence evading the charge of categorical deprivation and that of irrationality. (shrink)

A recent article on education in China succeeded in giving a fresh tweak to the arguments concerning whether aptitude or achievement testing is more likely to promote equality of educational opportunity. In ‘The Diploma Disease’ Ronald Dore expounded the view that aptitude testing is to be preferred for selection purposes on the grounds that it gives more weight to ‘innate potential’ (his term) than does achievement testing which produces results more affected by quality of schooling, an influence which is all (...) too variable, especially in emerging countries. Although shot through with considerable ambivalence, Dore's view could still be instrumental in persuading educational and political authorities in those countries that aptitude testing will do what he says it will do ‐ ‘make for greater equality of educational opportunity and be more effective in mobilizing all available talent’. And even if these authorities have never set eyes on Dore's book, there is sufficient evidence that some of them are acting as if they had taken Dore's view on board for it to be worth re‐opening the question. It is argued here that Dore's position cannot be supported. (shrink)

An atomistic model of society leads us to address injustices in terms of individual rights, but rights are curious possessions and don't always give the protection that's needed. Examples are patient's rights, children's rights and a fetus's right to life, all of which go wrong because they assume that the subjects are independent and autonomous. This assumption often fails. Rights work where people are in a position to press them; for others they give only a caricature of justice.

It often appears that the most appropriate form of addressing disadvantage related to disability is through policies that can be called “status enhancements”: changes to the social, cultural and material environment so that the difficulties experienced by those with impairments are reduced, even eradicated. However, status enhancements can also have their limitations. This paper compares the relative merits of policies of status enhancement and “personal enhancement”: changes to the disabled person. It then takes up the question of how to assess (...) the priority of the claims of disabled people in the face of scarcity of resources for which there can be many competing social claims, arguing for the theory of “declustering disadvantage”. (shrink)

What distinguishes preference utilitarianism from other utilitarian positions is the axiological component: the view concerning what is intrinsically valuable. According to PU, intrinsic value is based on preferences. Intrinsically valuable states are connected to our preferences being satisfied.

Diversity has been an articulated priority in library and information services for some time, with underrepresentation and recruitment having been central to diversity goals in the profession. However, among librarians, the level of representation of members of minority groups continues to be well below that of the population overall. The extent to which diversity efforts have been undertaken in libraries is not well-documented, as a part of the overall limited amount of original research in this area, thus providing little basis (...) for indicating success in achieving diversity-related goals in recruitment, diversifying collections, or enhancing organizational climates. Of the limited empirical research on diversity in the profession, little has addressed the bases for the limited progress. The explanations for the limited progress have included the pervasiveness of racism and discrimination, lack of commitment in the profession, as well as the suggestion of a lack of a pipeline of individuals from minority groups to be recruited into the profession .Building on prior discussions that have attempted to further explain the limited progress, the article focuses on the fact that many aspects of the competing rationales in favor of and against diversity and preceding concepts, from slavery, the women's suffrage movement, and the mid-20th century case of Brown v. Board of Education, through later 20th and 21st century civil rights cases, have framed the issues in ethical terms. The potential implications of the emphases on the ethical dimensions of the diversity rationales include the limited progress on diversity goals and the inability to identify common ground among those on competing sides of the debates. (shrink)

This paper considers the legal position of genetic test results in insurance law in England and Wales. The strict position is that this information is material to the decision of the insurer to offer insurance cover and should be disclosed by insurance applicants. However, the British Government and the Association of British Insurers have agreed to a moratorium on the use of genetic test results in insurance, which will run until 2014. The moratorium prohibits unfavourable treatment of insurance clients on (...) their basis of their genetics, unless it can be justified. In this paper, I consider the notion of genetic discrimination and ask whether it is possible to justify the concept in such a way that its existence should be accepted. The paper suggests that the insurance industry and the general public have different viewpoints on the concept of discrimination, and that this causes much of the disagreement over the issue of using genetic test results in insurance. (shrink)

Political character, the dynamic intersection of personality and public performance within a cultural and historical context, is appropriately the subject of news reports. The article provides journalists with an ethical rationale for covering political character while acknowledging the human need for privacy and then outlines a set of characterrelated issues that journalists should explore. It concludes with the suggestion that journalists should once again begin to cover the public record of political figures in-depth and that this public record be linked (...) with deeper, psychologically based explorations of character. (shrink)

The ArgumentEugenics is generally regarded as evil; but what was its sin? Racism, class bias, and violation of reproductive freedom, which tainted objectionable eugenic interventions, are not part of the core notion of eugenics. A number of candidates have been suggested as the wrong inherent in eugenics, ranging from statism to the impossibility of consensus on the ideal human being. It is most plausible to view eugenics as sharing moral dilemmas with much of public health, and the critical issues as (...) those of distributive justice. (shrink)

Evolutionary ethics posits the evolution of dispositions to love self, kin, and friend. Christianity claims that God's ethical demand is to love one's neighbor. I argue that the distance between these two positions can be interpreted theologically as original sin, the disposition to disobey God's command and practice self-love and nepotism rather than neighbor-love. Original sin requires Incarnation and Atonement to unite God and humanity. The ancient doctrine of the Atonement as educative does not invoke the Fall. Its revival may (...) help reconcile Christianity and evolutionary ethics. (shrink)

Should those who get dirty hands be punished? There is strong disagreement among even those who support the existence of such scenarios. The problem arises because the paradoxical nature of dirty hands - doing wrong to do right - renders the standard normative justifications for punishment unfit for purpose. The Consequentialist, Retributivist and Communicative approaches cannot accommodate the idea that an action can be right, all things considered, but nevertheless also a categorical wrong. This paper argues that punishment is indeed (...) appropriate for those who dirty their hands and that there are three normative justifications that can be used to support this claim. These are the justifications from ‘Catharsis’, ‘Recognition of Evil Suffered’ and ‘Causal Responsibility’. Together they provide the sui generis justifications for punishing dirty hands. (shrink)

Many observers claim that business has become a powerful force in medicine and that the future of health care cannot escape that reality, even though some scholars lament it. The U.S. recently experienced the most devastating recession since the Great Depression. As health care costs rise, we face additional pressure to rein in health care spending. We also have important new legislation that could well mark a significant shift in how health care is provided and who has access to care, (...) namely the Affordable Care Act. These changes underscore the need to bring new thinking to the conversation about health care and to move beyond conceptual and practical obstacles that inhibit our progress.In this paper we do not to claim to have solutions. Rather, our aim is to try to identify some obstacles to fostering a better conversation about the future of health care and to envisioning a better health care system. (shrink)

Patricia White; Self-respect, Self-esteem and the ‘Management’ of Schools and Colleges, Journal of Philosophy of Education, Volume 21, Issue 1, 30 May 2006, Pag.

In this paper the authors argue that the exploration of the nature of needs and rights should begin with the actually existing organization of care and of justice in society. The authors raise two key concerns with this organization: 1) the invisibility of care to some, and 2) the inaccessibility of rights to others. Recent work by care scholars has called attention to the ways the current organization of care work perpetuates the myth of self-sufficiency for some, while reducing others (...) to mere dependents. Law and Society scholars have demonstrated the problems of uneven access to legal remedies within the current organization of the legal system. Addressing these concerns simultaneously reveals both the problems of the current organization of needs and rights as well as illuminating alternative possibilities. The authors argue, first, that a justice perspective, based on rights is inadequate because its presumed universality is belied by the reality of the inaccessibility of rights to many. Second, the authors argue that a care perspective, currently formulated upon the assumption that only some people have needs, is also flawed because its presumed particularity distorts the human experience and subsequent policies. Instead, the authors need to conceive of care in a public way that permits both rights and needs to be understood as applicable to all. The authors propose some initial thoughts about how to create such a public concept of care. (shrink)

: This paper explicates and defends the thesis that individual rational judgment, of the kind required for justification, whether in cognition or in morals, is fundamentally socially and historically conditioned. This puts paid to the traditional distinction, still influential today, between ‘rational’ and ‘historical’ knowledge. The present analysis highlights and defends key themes from Kant’s and Hegel’s accounts of rational judgment and justification, including four fundamental features of the ‘autonomy’ of rational judgment and one key point of Hegel’s account of (...) ‘mutual recognition’. These themes are linked to Kant’s and Hegel’s transformation of the modern natural law tradition. The results explain why Kant’s and Hegel’s philosophy are indeed the origins of the properly pragmatic account of rationality, why the pragmatic account of rationality provides genuine rational justification and why this pragmatic account of rational justification is consistent with realism about the objects of empirical knowledge and with strict objectivity about moral norms. > Russian translation : Nelly Motroshilova, ed., К 200-летию выхода в свет «Феноменологии духа» Гегеля, 195–219. > Turkish translation : ‘Hegel’in Tinin Görüngübilimi’nde Karşihkh Onanma ve Ussal Gerekçelendirme’. MonoKL 4–5 :212–231. (shrink)

Angela Ballantyne (2010) argues that international research is exploitative when the transactions between researchers and participants who lack basic goods do not provide participants with the maxi...

There are important synergies for the next generation of ethical leaders based on the alignment of modified or adjusted mental models. This entails a synergistic application of moral imagination through collaborative input and critique, rather than "me too" obedience. In this article, we will analyze the Milgram results using frameworks relating to mental models (Werhane et al., Profitable partnerships for poverty alleviation, 2009), as well as work by Moberg on "ethics blind spots'' (Organizational Studies 27(3): 413-428, 2006), and by Bazerman (...) and Chugh on "bounded awareness" (Harvard Business Review, 2006; Mind & Society 6: 1-18, 2007) Using these constructs to examine the Milgram experiment, we will argue that the ways in which the experiments are framed, the presence of an authority figure, the appeal to the authority of science, and the situation in which the naïve participant finds herself or himself, all create a bounded awareness, a narrow blind spot that encourages a climate for obedience, brackets out the opportunity to ask the moral question: "Am I hurting another fellow human being?" and may preclude the subject from utilizing moral imagination to opt out of the experiment. We will conclude that these forms of almost blind obedience to authority are correctable, but with difficulty. We will argue that linking the modification of mental models to an unbinding of awareness represents an important synergistic relationship and one that can build effectively on the lessons learned from our experience with moral imagination. (shrink)

Introductory text for the CRISPP-special issue and Routledge-book on "Compromising on Justice". Also includes a summary of the articles by Steven Wall, Robert B. Talisse, Sune Lægaard, Daniel Weinstock, Enzo Rossi and Fabian Wendt.

Pratt, Zion, and Loff (2012) correctly point out that most international clinical research (ICR) is not intended to address the vast inequities in access to health care between developed and develo...

We shall argue that there is adequate moral justification for capital punishment with linkage, that is, with linkage to keeping non-murderers from dying. We present the argument with two aims in mind. The first is to question the conventional wisdom, seldom challenged even by proponents of capital punishment, that being an abolitionist is closely connected to having a civilized respect for human life. This conventional wisdom, we hope to show, is somewhat off the mark. To this end we exhibit structural (...) similarities between so-called lifeboat dilemmas and the public's relationship to a murderer. In a lifeboat dilemma one must choose between saving this life or that, since the lifeboat will not hold both persons. Now if this life were an innocent's and that one a murderer's, a choice to save the latter would not be met with accusations of callousness towards human life. We hope to project everyone's intuitions about this case onto the more baffling case of a society's relationship to the murderers and dying innocents in its midst. (shrink)

We re-examine the construct of Moral Hypocrisy from the perspective of normative self-interest. Arguing that some degree of self-interest is culturally acceptable and indeed expected, we postulate that a pattern of behavior is more indicative of moral hypocrisy than a single action. Contrary to previous findings, our results indicate that a significant majority of subjects (N = 136) exhibited fair behavior, and that ideals of caring and fairness, when measured in context of the scenario, were predictive of those behaviors. Moreover, (...) measures of Individualism/Collectivism appear more predictive of self-interested behavior than out-of-context responses to moral ideals. Implications for research and practice are discussed. (shrink)

: This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count subordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.

In normative ethical theory, computer ethics belongs to the area of applied ethics dealing with practical and everyday moral problems arising from the use of computers and computer networks in the information society. Modern scholarship usually approves deontological and utilitarian ethics as appropriate to computer ethics, while classical theories of ethics, such as virtue ethics, are usually neglected as anachronistic and unsuitable to the information era and ICT industry. During past decades, an Aristotelian form of virtue ethics has been revived (...) in modern philosophical enquiries with serious attempts for application to computer ethics and cyberethics. In this paper, the author argues that current trends and behaviours in online communication require an ethics of self-care found in Plotinus’ self-centred virtue ethics theory. The paper supports the position that Plotinus’ virtue ethics of intellectual autonomy and self-determination is relevant to cyberethics discussions involved in computer education and online communication. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

In this paper, I examine the terms on which John Simmons rejects all arguments for a moral obligation to obey the law and so defends “philosophical anarchism.” Although I accept his rejection of several criteria on which others might and often do insist, I criticize his reliance on the conditions of “generality” and “particularity.” In doing so, I propose an alternative to his influential conception of legitimacy.

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance of (...) power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy. (shrink)

Recent years have seen a rekindling of interest in the method of reflective equilibrium. Most of this attention has been suspicious, however. Critics have alleged that the method is nothing more than a high-minded brand of navel-gazing, that it suffers from all the classic problems of inward-looking coherence theories, and that it overestimates the usefulness of self-scrutiny. In this paper I argue that these criticisms miss their mark because they labor under crucial misconceptions about the method of reflective equilibrium. In (...) defending reflective equilibrium I put forward a handful of theses about the nature of inquiry (or, more generally, norm-governed enterprises) that form the backdrop to the method. The critics’ objections fall short, I argue, because they do not recognize reflective equilibrium’s embrace of these theses. Confronting these objections and understanding why they fail brings us to a better understanding what, exactly, the method of reflective equilibrium is. The answer I come to in the final section of the paper is that the method of reflective equilibrium is not, exactly, anything. It is a mistake to try to give a positive characterization of the view, to identify it with a concern with a particular species of data, particular procedures and methods, or even a particular conception of normative success. Instead, it should be understood as the denial of essentialism about just these matters—as a form of anti-essentialism about our epistemic inputs, methods, and goals. (shrink)

The paper addresses the question of judges' moral responsibility in an unjust society. How is the "moral" judge to reconcile his perception of justice with a malevolent law? Upon what grounds might judges, and perhaps other public officials, be held morally responsible for their acts or omissions? Does a positivist approach yield a more satisfactory resolution than a natural law or Dworkinian analysis? Could inclusive positivism offer any clues as to how this quandary might be judiciously resolved?

Brendel and Miller (2008) take the most distinctive commitment in their pragmatic approach to be treating ethical principles as having a hypothetical status. I am sympathetic to a pragmatic approac...

Philosophy lacks criteria to evaluate its philosophical theories. To fill this gap, this essay introduces nine criteria to compare worldviews, classified in three broad categories: objective criteria (objective consistency, scientificity, scope), subjective criteria (subjective consistency, personal utility, emotionality), and intersubjective criteria (intersubjective consistency, collective utility, narrativity). The essay first defines what a worldview is and exposes the heuristic used in the quest for criteria. After describing each criterion individually, it shows what happens when each of them is violated. From the (...) criteria, it derives assessment tests to compare and improve different worldviews. These include the is-ought, ought-act, and is-act first-order tests; the critical and dialectical second-order tests; the mixed-questions and first-second-order third-order tests; and the we-I, we-it, and it-I tests. The essay then applies these criteria and tests to a concrete example, comparing the Flying Spaghetti Monster deity with Intelligent Design. For another application, it draws more general fruitful suggestions for the dialogue between science and religion. (shrink)

Why should members of societies engaging in humanitarian intervention support the costs of that project? It is sometimes argued that only a theory of natural duty can require their support and that contractualist theories fail because they are exclusionary. This article argues that, on the contrary, natural duty is inadequate as a basis and that contractualism provides a basis for placing support for (justified) interventions among the duties of citizenship. The duty to support intervention is not, therefore, a competitor (of (...) indeterminate weight) to our duties to compatriots, since it rests on the same basis. That is because exclusive citizenship can be justified only if social contracts can be iterated elsewhere and successful societies therefore owe assistance to societies that are immobilized by state abuse or state failure. (shrink)

It is plausible that what possible courses of action patients may legitimately expect their physicians to take is ultimately determined by what medicine as a profession is supposed to do and, consequently, that we can determine the moral acceptability of voluntary euthanasia and physician-assisted suicide on the basis of identifying the proper goals of medicine. This article examines the main ways of defining the proper goals of medicine found in the recent bioethics literature and argues that they cannot provide a (...) clear answer to the question of whether or not voluntary euthanasia and physician-assisted suicide are morally acceptable. It is suggested that to find a plausible answer to this question and to complete the task of defining the proper goals of medicine, we must determine what is the best philosophical theory about the nature of prudential value. (shrink)