My aim is to vindicate two distinct and important moral categories – ideals and aspirations – which have received modest, and sometimes negative, attention in recent normative debates. An ideal is a conception of perfection or model of excellence around which we can shape our thoughts and actions. An aspiration, by contrast, is an attitudinal position of steadfast commitment to, striving for, or deep desire or longing for, an ideal. I locate these two concepts in relation to more familiar moral (...) concepts such as duty, virtue, and the good to demonstrate, amongst other things, first, that what is morally significant about ideals and aspirations cannot be fully accommodated within a virtue ethical framework that gives a central role to the Virtuous Person as a purported model of excellence. On a certain interpretation, the Virtuous Person is not a meaningful ideal formoral agents. Second, I articulate one sense in which aspirations are morally required imaginative acts given their potential to expand the realm of practical moral possibility. (shrink)

What should we do, aesthetically speaking, and why? Any adequate theory of aesthetic normativity must distinguish reasons internal and external to aesthetic practices. This structural distinction is necessary in order to reconcile our interest in aesthetic correctness with our interest in aesthetic value. I consider three case studies—score compliance in musical performance, the look of a mowed lawn, and literary interpretation—to show that facts about the correct actions to perform and the correct attitudes to have are explained by norms internal (...) to a practice. Practice-internal norms, however, cannot settle the distinct question of which practices we have reason to opt into. When it comes to the source of aesthetic normativity—in virtue of what aesthetic value is genuinely reason-giving—I argue that existing accounts, which appeal to pleasure or achievement, are inadequate. The only practice-external aesthetic requirement is a generic one to opt into at least some aesthetic practices. (shrink)

The child’s right to an open future aims at protecting the autonomy of the mature person into which a child will normally develop. The justification of state interventions into parental decisions which unduly restrict the options of the prospective adult has to address the problem that the value of autonomy is highly contested in modern pluralist societies. The article argues that the modern majority culture provides young adults with many more options than traditionalist religious communities. However, the options that can (...) be chosen in faith groups, such as the Amish, do not constitute a subset of the options available in the wider society. Therefore, state policies which pursue the goal of providing every child with the greatest possible set of options cannot be based on a neutralist version of political liberalism. The advocates of a child’s right to an open future must rely on a perfectionist version of liberalism which draws on the ideal of leading an autonomous life. Since liberal perfectionism has problematic implications, the article defends a neutralist position that largely refrains from state interference with the educational authority of fundamentalist religious communities. (shrink)

The common conception of justice as reciprocity seemingly is inapplicable to relations between non-overlapping generations. This is a challenge also to John Rawls’s theory of justice as fairness. This text responds to this by way of reinterpreting and developing Rawls’s theory. First, by examining the original position as a model, some revisions of it are shown to be wanting. Second, by drawing on the methodology of constructivism, an alternative solution is proposed: an amendment to the primary goods named ‘sustainability of (...) values’. This revised original position lends support to intergenerational justice as fairness. (shrink)

In this paper, I treat the question of the meta-axiological standing of Nietzsche's own values, in the service of which he criticizes morality. Does Nietzsche, I ask, regard his perfectionistic valorization of human excellence and cultural flourishing over other ideals to have genuine evaluative standing, in the sense of being correct, or at least adequate to a matter-of-fact? My goal in this paper is modest, but important: it is not to attribute to Nietzsche some sophisticated meta-axiological view, because I am (...) doubtful that he has one. It is, however, to show that Nietzsche's texts do not necessitate the sceptical meta-axiological positions that have been attributed to him in the recent secondary literature. And it is thereby to suggest that we need not give up on the idea that Nietzsche takes the values he champions to have genuine evaluative standing – not because he has some sophisticated realist theory to this effect, but in a more philosophically unreflective way. (shrink)

While many profound philosophical questions arise about psychopaths, I wish to draw attention to two limitations in current debates. First, philosophers mainly deal with offender and forensic populations neglecting so-called ‘successful’ psychopaths. Second, philosophers mainly focus on the issue of empathy and responsibility, while relatively little attention is paid to volitional aspects. I address these two limitations together and argue that ‘successful’ psychopaths are volitionally constrained. In order to grasp and explore this deficiency, I argue in favour of a more (...) refined and fine-grained understanding of identifications. (shrink)

Since the 16th National Congress of Communist Party of China (16th NCCPC) in 2002, more and more private entrepreneurs have appeared on the political arena in China. The article first describes the state of the phenomenon, and analyzes the reasons and the related ethical issues of private entrepreneurs participating in politics. For this purpose, the article begins by suggesting a framework of analyzing the ethical analysis of corporate political actions, then applies it to a case study of the phenomenon, and (...) finally, makes some policy suggestions to the government for regulating the practice of private entrepreneurs' involvement in politics. (shrink)

For a view which grounds norms in the practices of a particular group, determining who is in that group will determine the scope of those norms. Such a view requires an account of what it is to be a member of the group subject to that practice. In this article, the author presents the beginnings of such an account, limiting his inquiry to discursive practices; we might characterize such practices as those which require, as a condition of participation, participants both (...) to exchange reasons with one another and to recognize that practice as a common source of reasons. The author argues that membership in such groups is constituted by the conjunction of shared discursive practices, common recognition of the authority of that practice, and commitments between members. In the case of discursive practices, these features of membership are inseparable. Key Words: practice • commitment • membership • discursive stance. (shrink)

Much of the work in contemporary jurisprudence is done on the assumption that legal philosophy should find the set of necessary and sufficient conditions that something must have in order to count as law. This essay challenges this view. It examines in detail two versions of this view: the first is the view that jurisprudence should find the necessary features of law and then, from among them, those that are “important” for understanding law. I argue that these two features are (...) in tension with each other, and that there are good reasons for thinking that an account that tries to discover the important features about law will not limit itself only to those features that all laws necessarily possess. The second version is one that tries to discover what necessarily belongs to “our” concept (or practice) of law by looking at those features that participants in the practice of law deem most important about it. I argue that this argument is indeterminate because it has no non-circular standard of defining what belongs to “our” concept of law. I then offer an alternative role for jurisprudence that focuses on trying to solve certain puzzles about law, such as explaining how a social practice can create binding norms. Answering questions of legal philosophy does not require finding what features all laws necessarily possess while maintaining a role for jurisprudence alongside other interdisciplinary approaches to law. (shrink)

Positivism, in its standard outlook, is normative contextualism: If legal reasons are content-independent, then their content may vary with the context or point of view. Despite several advantages vis-à-vis strong metaphysical conceptions of reasons, contextualism implies relativism, which may lead further to the fragmentation of the point of view of agency. In his Oxford Hart Lecture, Coleman put forward a fresh account of the moral semantics of legal content, one that lays claim to preserving the unity of agency while retaining (...) the social facts thesis, which has been a key intuition of positivism. The present essay identifies potential weaknesses with this account and proposes a reconstruction along rationalist lines: First, it advances a descriptive account of reflective agency that is delivered in terms of a modest conceptual analysis; secondly, this is combined with a context-sensitive or "buck-passing" account of value, which illustrates that substantive reasons for action must be anchored, ontologically speaking, to particular social practices (Social Dependency Thesis). In the end the unity of agency comes at an affordable price, for it is no longer necessary to resort to metaphysical necessity and the most demanding conditions this imposes, in order to defend it. (shrink)

A fundamental aim in caring practice is to understand patients' experiences of ill‐health. These experiences have a qualitative content and cannot, unlike thoughts and beliefs with conceptual content, directly be expressed in words. Nurses therefore face a variety of interpretive challenges when they aim to understand patients' subjective perspectives on disease and illness. The article argues that theories on social simulation can shed light on how nurses manage to meet these challenges. The core assumption of social simulationism is that we (...) do not understand other people by forming mental representations of how they think, but by putting ourselves in their situation in a more imaginative way. According to simulationism, any attempt to understand a patient's behavior is made on the basis of simulating what it is like to be that patient in the given context. The article argues that this approach to social interpretation can clarify how nurses manage to achieve aims of patient understanding, even when they have limited time to communicate and incomplete knowledge of patients' perspectives. Furthermore, simulation theory provides a normative framework for interpretation, in the sense that its theoretical assumptions constitute ideals for how nurses should seek to understand patients' experiences of illness. (shrink)

A widely held view concerning the justification of associative duties is the so-called relationships view, according to which associative duties within personal relationships arise because of the value of those relationships. Against this view, it has been argued that there can be cases of undemanding friendships, that is, genuine friendships with no associative duties. In this article, I argue that undemanding friendships do not show that associative duties are not grounded in the value of the relationship that gives rise to (...) them by providing an interpretivist account of the normativity of friendships. I argue that friendships are complex values that need to be interpreted in order to determine which response to them would be appropriate, and that understanding one's friendship as undemanding is one valid interpretation of the value of friendship. Subsequently, I demonstrate that this solution is not ad hoc, because friendship is not the only complex value that needs to be interpreted. (shrink)

:In this essay I defend an alternative account of why markets are legitimate. I argue that markets have a raison d’être—a potential to be valuable that, if fulfilled, would justify their existence. I characterize this potential in terms of the goods that are promoted by the legal protection of economic agency: resource discretion, contribution esteem, wealth, diffusion of power, and freedom of association. I argue that market institutions deliver these goods without requiring the participants to have shared ends, or shared (...) deliberation about joint ends—indeed, this feature is the source of the market’s distinctive contribution to well-being. I suggest that when markets lack legitimacy, this is because they fail to fulfill their raison d’être, or fail to be recognized as doing so. Thus, the contours of legal protection must be drawn so that these goods are realized together in a recognizable way, without sacrificing one good for the sake of others. Finally, I argue that this account is appealing because it allows regulators to consider a plurality of goods, and because it makes room for the essential role of rhetoric in securing market legitimacy. (shrink)

Ralph Waldo Emerson is often seen as the early American prophet of autonomy. This essay suggests a perhaps surprising fellow traveler in this prophetic call: Joseph Smith. Smith opposed religious creeds for the same reason that Emerson denounced them, namely that creeds represent a threat to the autonomy of a person's beliefs. Smith and Emerson also forward similar defenses of individual autonomy in action. Furthermore, they encounter a shared problem: how can autonomy be possible in a society where other individuals (...) hold some kind of authority? I propose that each thinker resolves this tension through an insight with a Kantian echo. A suitably qualified version of authority can sometimes count as an expression of, rather than hindrance to, autonomy. I describe the overlap in Emerson and Smith as a “frontier” version of Kantianism. They favor determining one's own beliefs and actions in a way that looks forward to an open future of possibility. (shrink)

The value of solidarity, which is exemplified in noble groups like the Civil Rights Movement along with more mundane teams, families and marriages, is distinctive in part because people are in solidarity over, for or with regard to something, such as common sympathies, interests, values, etc. I use this special feature of solidarity to resolve a longstanding puzzle about enacted social moral rules, which is, aren’t these things just heuristics, rules of thumb or means of coordination that we ‘fetishize’ or (...) ‘worship’ if we stubbornly insist on sticking to them when we can do more good by breaking them? I argue that when we are in a certain kind of solidarity with others, united by social moral rules that we have established among ourselves, the rules we have developed and maintain are a constitutive part of our solidary relationships with one another; and it is part of being in this sort of solidarity with our comrades that we are presumptively required to follow the social moral rules that join us together. Those in the Polish Revolution, for example, were bound by informally enforced rules about publicity, free speech and the use of violence, so following their own rules became a way of standing in a valuable sort of solidarity with one another. I explain why we can have non-instrumental reasons to follow the social moral rules that exist in our own society, improve our rules and even sometimes to break the otherwise good rules that help to unite us. (shrink)

In this paper I contemplate two phenomena that have impressed theorists concerned with the domain of reasons and of what is now called ‘normativity’. One is the much-discussed ‘externality’ of reasons. According to this, reasons are just there, anyway. They exist whether or not agents take any notice of them. They do not only exist in the light of contingent desires or mere inclinations. They are ‘external’ not ‘internal’. They bear on us, even when through ignorance or wickedness we take (...) no notice of them. They thus very conspicuously shine the lights of objectivity, and independence, and even necessity. By basking in this light, ethics is rescued from the slough of sentiment and preference, and regains the dignity denied to it by theorists such as Hobbes or Hume, Williams, Gibbard or myself. Hence, many contemporary philosophers compete to stress and to extol the external nature of reasons, their shining objectivity. The other phenomenon is that of the inescapable ‘normativity’ of means-ends reasoning. Here the irrationality of intending an end but failing to intend the means is a different shining beacon. It is that of pure practical reason in operation: an indisputable norm, again showing a sublime indifference to whatever weaknesses people actually have, and ideally fitted to provide a Trojan horse for inserting rationality into practical life. If the means-end principle is both unmistakably practical and yet the darling child of rationality itself, then other principles of consistency or of humanity, or of universalizing the maxims of our action, can perhaps follow through the breach in the Humean citadel that it has spearheaded. And so we get the dazzling prospect that if people who choose badly are choosing against reason, then this can be seen to be a special and grave defect. It would locate the kind of fault they are indulging. It would give us, the people of reason, a special lever with which to dislodge their vices. Being able to herd knaves and villains in a compound reserved for those who trespass against reason and rationality therefore represents definite progress. (shrink)