The relationship between ethics and science has been discussed within the framework of continuity versus discontinuity theories, each of which can take several forms. Continuity theorists claim that ethics is a science or at least that it has deep similarities with the modus operandi of science. Discontinuity theorists reject such equivalency, while at the same time many of them claim that ethics does deal with objective truths and universalizable statements, just not in the same sense as science does. I propose (...) here a third view of quasi-continuity (or, equivalently, quasi-discontinuity) that integrates ethics and science as equal partners toward the uncovering of new knowledge. In this third way, a program envisioned by William James but made practicable only by contemporary scientific advancement, science can and must inform ethics at a deep level, and ethical theory— while going beyond science—cannot do without it. In particular, I identify four areas of ethics-science collaboration: neurobiological research into the basis of moral judgment, comparative anthropol- ogy, comparative evolutionary biology of primates, and game-theo- retical modeling. I provide examples within each of these fields to show how they link to ethical theories (including prescriptive work) and questions. The essay concludes with a brief discussion of the light that a scientifically informed ethics can shed on some classical problems in moral theory, such as the relationships between rational- ity and selfishness, egoism and altruism, as well as the concept of social contract. A joint research program involving both philosophers and scientists is called for if we wish to move ethical theory into the twenty-first century. (shrink)

How should liberal-democratic governments deal with emerging vaccination hesitancy when that leads to the resurgence of diseases that for decades were under control? This article argues that vaccination policies should be justified in terms of a proper weighing of the rights of children to be protected against vaccine-preventable diseases and the rights of parents to raise their children in ways that they see fit. The argument starts from the concept of the ‘best interests of the child involved’. The concept is (...) elaborated for this context into the dual regime structure in which parents have fiduciary authority over what they consider to be best for their child, and the state has fiduciary authority over a child’s basic interests. This argument leads to conditional mandatory vaccination programs that should be informed by a correct balancing of the two legal principles of proportionality and precaution. This results in contextual childhood vaccination policies of upscaling interference: a three-tiered approach of increased intrusion, from voluntary program when possible and mandatory or even compulsory programs when necessary to protect the child’s basic interests. (shrink)

The 2015 Disneyland outbreak of measles in the US unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates resulting in a rising number of outbreaks. This can be traced back to an increasing public questioning of vaccines by an emerging anti-vaccination movement. This article argues that, in the face of diminishing vaccination rates, childhood vaccinations should not be seen as part of the domain of parental choice but, (...) instead, as a non-negotiable legal obligation. The first part of the article formulates and defends two arguments in favour of unqualified mandatory childhood vaccination laws. First, government should not permit parents to put their children at avoidable risk of death and suffering; second, government should guard the common good of herd immunity to protect vulnerable persons. The second part rejects legal and pragmatic objections against such mandatory vaccination laws. (shrink)

(1997). Wittgenstein and post‐analytic philosophy of education: Rorty or Lyotard? Educational Philosophy and Theory: Vol. 29, No. 2, pp. 1-32. doi: 10.1111/j.1469-5812.1997.tb00018.x.

I was thinking about my philosophical work and saying to myself: ‘I destroy, I destroy, I destroy…’Context: The ‘linguistic turn’ of Western philosophy ; and correlatively, the decline of universalist discourses. The weariness with regard to ‘theory’, and the miserable slackening that goes along with it. The time has come to philosophize.…there is no danger of philosophy's ‘coming to an end’. Religion did not come to an end in the Enlightenment, nor painting in Impressionism. Even if the period from Plato (...) to Nietzsche is encapsulated and ‘distanced’ in the way Heidegger suggests, and even if twentieth‐century philosophy comes to seem a stage of awkward transitional backing and filling, there will be something called ‘philosophy’ on the other side of the transition. (shrink)

The debate over rival conceptions of political legitimacy tends to focus on first-order considerations—for example, on the relative importance of procedural and substantive values. In this essay, I argue that there is an important, but often overlooked, distinction among rival conceptions of political legitimacy that originates at the meta-normative level. This distinction, which cuts across the distinctions drawn at the first-order level, concerns the source of the normativity of political legitimacy, or, as I refer to it here, the grounds of (...) political legitimacy. If we focus on the grounds of political legitimacy, there are three main conceptions of political legitimacy: will-based, belief-based, and fact-based conceptions. I present an objection to each of those main conceptions and defend a hybrid account of the grounds of political legitimacy. (shrink)

Realism about affirmations of a given type is the view that these affirmations are to be understood as assertions that attempt to describe a largely independent reality, and that they are correct if and only if they manage to do so (regardless of whether they can be known to be correct). Objectivisim about affirmations of a given type is the view that they are subject to adequate, non-arbitrary standards of correctness, and that there are a significant number of non-trivial affirmations (...) of this type that can be known to be correct. On this understanding, realism, objectivism, and their denials can be combined in four possible ways: realism with objectivism, realism with antiobjectivism, antirealism with objectivism, and antirealism with antiobjectivism. This paper clarifies the distinction between realism and objectivism, illustrates it applications in various fields of philosophy, and draws attention to its value. (shrink)

a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. (...) In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the booka (TM)s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (a defeasiblea (TM)) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail. (shrink)

This paper treats the political and ethical issues associated with the new caretaking technologies. Given the number of feminists who have raised serious concerns about the future of care work in the United States, and who have been critical of the degree to which society “free rides” on women's caretaking labor, I consider whether technology may provide a solution to this problem. Certainly, if we can create machines and robots to take on particular tasks, we may lighten the care burden (...) that women currently face, much of which is heavy and repetitious, and which results in injury and care “burnout” for many female caretakers. Yet, in some contexts, I argue that high-tech robotic care may undermine social relationships, cutting individuals off from the possibility of social connectedness with others. (shrink)

Resumen Tanto el concepto típicamente utilitarista de protección social como el concepto típicamente kantiano de consentimiento ocupan un lugar central en la estrategia que ensaya C. S. Nino para justificar la institución del castigo. Sin embargo, en este trabajo intentaré demostrar que ambos conceptos son irreconciliables. La encrucijada, en cualquier caso, es la siguiente: mientras el primer concepto, interpretado a la luz de la teoría ética del autor, parece tornar innecesaria la apelación al segundo concepto, una interpretación alternativa del primer (...) concepto tampoco nos situaría ante un mejor panorama filosófico.In the present article I aim to show that the meaning of the first concept, as well as the Kantian concept becomes truly intelligible only when we manage to read Nino’s penal theory in the light of his own ethical theory. Thus, on the hypothesis that this is indeed the best possible reading, the strategy tried out by Nino will have to face a difficult crossroads: either adopt a concept of social protection that will definitely displace the notion of consent from the justifying plane where the theory operates; or embrace a broader idea of protection where the notion of consent finds a less uncomfortable place. As will be argued, none of the alternatives is without its problems. (shrink)

Rawls''s recent modification of his theory of justice claims that political liberalism is free-standing and falls under the category of the political. It works entirely within that domain and does not rely on anything outside it In this article I pursue the metatheoretical goal of obtaining insight into the anthropological assumptions that have remained so far unacknowledged by Rawls and critics alike. My argument is that political liberalism has a dependence on comprehensive liberalism and its conception of a self-serving subjectivity (...) that is far more binding as well as undesirable than it has been so far acknowledged. I proceed with a heuristic approach that introduces us to the possibility that political liberalism presupposes tacitly the Occidental metanarrative of reason harnessing rampant self-interest and subordinating it to a higher-order interest. As the presuppositions of political liberalism emerge, I draw from the debate between Rawls and Habermas in order to illustrate my argument for the existence of a dependence on these presuppositions. I outline some implications of the anthropological basis of political liberalism and conclude by exemplifying them with reference to Rawls''s comments on the division of a cake. (shrink)

Kant’s Religion postulates the idea of an ethical community as a necessary requirement for humanity to become good. Few interpreters acknowledge Kant’s claims that realizing this idea requires building a “church” characterized by unity, integrity, freedom, and unchangeability, and that this new form of community is a non-coercive version of theocracy. Traditional theocracy replaces the political state of nature with an ethical state of nature ; non-coercive theocracy transcends this distinction, uniting humanity in a common vision of a divine legislator (...) whose legislation is inward: the law of love binds church members together like families. (shrink)

The ideal of personal autonomy faces a challenge from advocates of orthonomy, who think good government should displace self-government. These critics claim that autonomy is an arbitrary kind of psychological harmony and that we should instead concentrate on ensuring our motivations and deliberations are responsive to reasons. This paper recasts these objections as part of an intramural debate between approaches to autonomy that accept or reject the requirement for robust rational capacities. It argues that autonomy depends upon such responsiveness to (...) reasons, countering objections that ‘externalist’ rationalist criteria strip the self from self-government. (shrink)

Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism and (...) voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)

The lingering mystery of John Rawls’s reflective equilibrium is that its nature is unclear. Rawls at times suggests he is merely describing people’s conceptions of justice, whereas at other times he implies that his reflective equilibrium is a way to justify his conception of justice. Faced with seemingly conflictual passages, most scholars privilege the justificatory ones. However, I argue that this is not an effective strategy because understanding how the descriptive and justificatory aspects of reflective equilibrium fit together is the (...) key to unlocking its nature and actual force. This paper compares Rawls’s method to the philosophical method of later Wittgenstein in his so-called private language argument to argue how the descriptive and justificatory aspects of Rawls’s reflective equilibrium fit together. In my view, both philosophers’ methods are descriptive clarifications of our unclear conceptions. However, their clarification is not just descriptive; they also aim at their readers achieving enlightenment. Importantly, I argue, that enlightenment offers us justification of the conception resulting from their clarification. Hence, their methods are justificatory as well. Finally, I claim that this way of understanding reflective equilibrium makes us realise how Rawls could respond to a prominent objection to it. (shrink)

The work of prominent analytical Marxist G. A. Cohen provides a vision of socialism which has distributive justice and community at its core. While Cohen's view of distributive justice has been hugely influential, much less has been said about community. This article argues that community plays three distinct roles in Cohen's socialism. One is as an independent value, the second is as a necessary adjacent counterpart to justice, which serves both to restrict and facilitate distributive equality, and the third is (...) as a critique of the liberal contractualist view of humanity. We argue that each of these are distinct and valuable elements in Cohen's thought, each of which must be recognized to understand the range and implications of Cohen's socialism. (shrink)

RÉSUMÉ: Plusieurs libéraux modernes soutiennent que le pluralisme des valeurs a d’importantes conséquences pour l’élaboration des procédures et des institutions politiques. Mais les arguments fondés sur l’incommensurabilité et sur l’indétermination de la rationalité ou de la délibération se révèlent tous compatibles avec le monisme; et certaines formes de pluralisme sont compatibles soit avec une hiérarchisation des valeurs soit avec une hiérarchisation méta-éthique de certains types de concepts normatifs. En outre le «pluralisme» en tant que thèse métaphysique concernant les valeurs est (...) souvent confondu avec la thèse descriptive qu’il existe une pluralité de conceptions du bien dans les sociétés modernes, qui, elle, fournit la véritable justification du libéralisme dans l’organisation politique. Or cette forme de pluralisme est également compatible avec le monisme des valeurs. Le libéral pluraliste se trouve ainsi confronté à un dilemme: soit certaines valeurs sont d’importance prioritaire pour la justification de l’organisation politique, soit les conséquences du pluralisme des valeurs en pareil domaine sont indéterminées. (shrink)

This article is on political normativity. It urges scepticism about attempts to reduce political normativity to morality. Modern liberalism leaves a question about how far morality can be accommodated by the form of normativity characteristic of politics. The article casts doubt on whether individual moral norms carry over to collective, for example, political, action, and whether the former ‘trump’ other kinds of reasons in politics. It then sketches an alternative view of politics as an irreducibly collective enterprise. Reasons for acting (...) politically, including the understandings on which perceptions of legitimacy rest, are largely artefacts of the political culture and thus only marginally subject to generic conditions of validity: this is true in particular of liberal acceptability-conditions. Thus legitimacy, though not a redundant notion, must be geared to local political norms. (shrink)

There is an apparent problem in identifying a basis for equality. This problem vanishes if what I call the ‘intuited response’ is successful. According to this response, there is no further explanation of the significance of the feature in virtue of which an individual matters, beyond the bare fact that it is the feature in virtue of which an individual matters. I argue against this claim, and conclude that if the problem of identifying a basis for equality is to be (...) resolved, it is necessary to defend a substantive account of the independent significance of some feature. (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)

According to instrumental proceduralism, political power is justified when it is the output of a reliable procedure. In this paper, I examine how procedures are supposed to confer normative properties. Based on this assessment, I conclude that many proceduralists set the reliability bar too low. Next, I motivate two additional requirements for instrumental procedures. I introduce the notion of “predictable” procedural failure and argue that in order for a procedure to confer legitimacy or other normative properties on its output, it (...) must not have failed predictably. Finally, I argue that even when procedures are highly reliable, it must not be the case that their failures fall disproportionately on certain people. The goal is to develop an instrumental proceduralism that is more sensitive to the failures of real institutions. (shrink)

Respect for autonomy is an important moral principle within medical ethics. However, the question of whether the normative importance of respect for autonomy is derived from other moral principles (such as welfare) or has independent moral value is debatable. In this paper it is argued that the normative importance of autonomy is derived from both welfare and non-welfare considerations. Welfare considerations provide two types of reason to respect autonomy, one related to the role of autonomy in creating welfare and one (...) related to its role in constituting welfare. In addition, autonomy seems to have normative importance that is unrelated to welfare considerations. This type of normative role is difficult to defend within medical ethics, because most non-welfare justifications of autonomy work for only a proportion of the autonomous decisions that patients make and give no clear guidance on how to respond to autonomous yet welfare-reducing treatment requests. A recent account of autonomy (Stephen Darwall’s “demand” account) provides a nuanced defence of autonomy that does not rely on welfare considerations. Darwall’s approach seems to work well within medical ethics and provides a principled explanation of how to respond to autonomous patient requests for treatment options that may not be in their best medical interests. It is argued that to fully respect autonomy within a medical consultation, practitioners must consider non-welfare autonomy as well as instrumental and intrinsic welfare-related autonomy. (shrink)

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

The concern of this paper is not with the truth of any particular realist or anti-realist view, but rather with determining what it is to be a realist or anti-realist in the first place. While much skepticism has been voiced in recent years about the viability of such a project, my goal is to articulate interesting and informative conditions whereby any view in any domain of experience can count as either a realist or an anti-realist position.

Rawlsians argue for principles of justice that apply exclusively to the basic structure of society, but it can seem strange that those who accept these principles should not also regulate their choices by them. Valid moral principles should seemingly identify ideals for both institutions and individuals. What justifies this nonintuitive distinction between institutional and individual principles is not a moral division of labor but Rawls’s dual commitments to conventionalism and constructivism. Conventionalism distinguishes the relevant ideals for evaluating institutions from those (...) for evaluating actions, while constructivism explains why this distinction is morally fundamental. (shrink)

L’analyse de la notion de procéduralisme montre qu’elle est utilisée dans la littérature en deux sens très différents. Nous mettons en évidence une condition suffisante à la mise en cohérence de ces deux idées, basée sur une compréhension pragmatique de la notion d’acceptabilité. Nous montrons alors que l’adoption de cette condition suffisante implique que tout dépassement procéduraliste du welfarisme passe par un travail de formation des préférences.

Pure insight, however is in the first instance without any content; it is the sheer disappearance of content; but by its negative attitude towards what it excludes it will make itself real and give itself a content.—Hegel, Phenomenology of Mind.

Reliable medically assisted sex selection which does not involve abortion or infanticide has recently become available, and has been used for non-medical reasons. This raises questions about the morality of sex selection for non-medical reasons. But reasonable people continue to disagree about the answers to these questions. So another set of questions is about what the law should be on medically assisted sex selection for non-medical reasons in the face of reasonable disagreement about the morality of sex selection. This paper (...) sketches a way of thinking about what the law should be, and concludes, contrary to what the law is in many places, that medically assisted sex selection for non-medical reasons ought to be legal. (shrink)

Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

The publication of Political Liberalismhas allowed John Rawls to bring to the fore issues that remained in the background of A Theory of Justice. His explicit attention to the concept of ‘the reasonable’ is a welcome development. In a more recent publication, he affirms the importance of this concept, ‘while [granting] that the idea of the reasonable needs a more thorough examination than Political Liberalism offers.’ In this paper, I will present a critical exposition of the senses of the reasonable (...) on which justice as fairness relies. Rawls employs the term in four main contexts. I will outline these various senses and argue that in each case, a controversy in the secondary literature can be resolved by close attention to the concept of the reasonable. In three of these contexts, Rawls relies on what I will call a ‘strong’ sense of the reasonable, while in one he sometimes seems to rely on a ‘weak’ sense. I argue that justice as fairness is best served by relying on a strong sense throughout. (shrink)

Despite the diversity and important disagreement which characterizes theorizing in political philosophy, most contemporary theories of justice yield remarkably similar verdicts on the moral adequacy of current distributions of wealth, income, and opportunity. By almost any standard of justice defended today, we live in a profoundly unjust world. It is obvious, for instance, that utilitarianism, the difference principle, equality of resources, and even modest-sounding principles of equality of opportunity all condemn the yawning gulf which separates the rich and the poor (...) of the world. Even Nozick's recommendation that the difference principle be used as a rough principle for rectifying historical injustice indicates how little immediate practical difference there is between Rawls's theory and its supposed libertarian antithesis. All this suggests that there is a surprising theoretical consensus about the immediate practical demands of justice. In short, moving toward justice requires substantially reducing the dramatic inequalities which plague our world. (shrink)

This essay provides a critical notice of T.M. Scanlon's book _What We Owe to Each Other. Special attention is given to assessing the success of Scanlon's theory of practical rationality as it provides a basis for his account of value and his contractualist moral theory.

Je défends dans ce texte une version particulière de la position que Sharon Street a appelée le «constructivisme humien». J’esquisserai pourquoi je considère que ce constructivisme est préférable à la fois au réalisme moral et au constructivisme kantien sur le plan de la compréhension du statut ontologique des valeurs. Après avoir accepté de reconnaître le rôle des pressions de l’évolution dans l’émergence de la moralité, le constructivisme humien doit toutefois préciser le rôle de l’intersubjectivité historique dans l’évolution subséquente de la (...) morale. J’expliquerai aussi pourquoi je considère que l’intégration d’un volet cohérentiste au constructivisme permet d’atténuer les craintes concernant le caractère potentiellement non-cognitiviste des théories contextualistes. Enfin, j’esquisserai pourquoi l’idée d’un «espace des raisons morales» indépendant, à certains égards, de l’esprit humain est compatible avec le constructivisme humien.I defend a version of what Sharon Street has dubbed “Humean constructivism.” I’ll first sketch out why I think that contextual constructivism provides us with a more plausible understanding of the ontological status of values than both Kantian constructivism and moral realism. In addition to its recognition of the role of evolutionary pressures in the emergence of human morality, contextual constructivism must now clarify the role of historical intersubjectivity in the subsequent development of morality. I will then claim that adding a coherentist module to Humean constructivism provides a satisfactory answer to those who fear that contextual metaethical theories can only be non-cognitivist. Finally, I will sketch out why I think that the notion of a mind-independent “space of moral reasons” is largely compatible with Humean constructivism. (shrink)

Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...) their freedom on the basis of morally arbitrary features of their identity. Discrimination is permissible, I suggest, when it is necessary to advance a valuable exercise of the discriminating agent’s freedom. I then apply this account to the case of social cost health requirements. Against critics of these requirements, I argue that it is sometimes permissible for states to discriminate against prospective immigrants with disabilities. States may do so, I suggest, when such discriminatory treatment is necessary to prevent an increase in rates of mortality and/or morbidity amongst citizens. Alongside critics of social cost health requirements however, I argue that existing policies are likely a form of wrongful discrimination insofar as they are too broad to satisfy this standard. (shrink)

RÉSUMÉJe défends dans ce texte une version particulière de la position que Sharon Street a appelée le «constructivisme humien». J'esquisserai pourquoi je considère que ce constructivisme est préférable à la fois au réalisme moral et au constructivisme kantien sur le plan de la compréhension du statut ontologique des valeurs. Après avoir accepté de reconnaître le rôle des pressions de l’évolution dans l’émergence de la moralité, le constructivisme humien doit toutefois préciser le rôle de l'intersubjectivité historique dans l’évolution subséquente de la (...) morale. J'expliquerai aussi pourquoi je considère que l'intégration d'un volet cohérentiste au constructivisme permet d'atténuer les craintes concernant le caractère potentiellement non-cognitiviste des théories contextualistes. Enfin, j'esquisserai pourquoi l'idée d'un «espace des raisons morales» indépendant, à certains égards, de l'esprit humain est compatible avec le constructivisme humien. (shrink)

In Herman Melville’s Bartleby, the Scrivener, the narrator finds himself involved in a moral relation with the title character whose sense he finds difficult to articulate. I argue that we can make sense of this relation, up to a certain point, in terms of the influential account of obligation that Stephen Darwall advances in The Second-Person Standpoint. But I also argue that there is a dimension of moral sense in the relation that is not captured by Darwall’s account, or indeed (...) by any of the accounts of obligation that have been most prominent in the history of western philosophy from the early modern period up to the present. More specifically, I argue that what is brought out in the relation between Bartleby and the narrator is the separation of the experience of moral necessitation from the rule that would give its content. I attempt to show that this obligation without rule is a genuine moral phenomenon and that we can begin to understand it in terms of the ideas of love, singularity, and potentiality as these are developed in the work of Giorgio Agamben. (shrink)