Le papier commence par une rétrospective des débats sur l'origine de la vie : le virus ou la cellule ? Le virus a besoin de la cellule pour se répliquer, mais la cellule est une forme plus évoluée à l'échelle évolutive de la vie. De plus, l'étude des virus soulève des questions conceptuelles et philosophiques pressantes sur leur nature, leur classification et leur place dans le monde biologique. Le sujet des pandémies est abordé à partir de l'existentialisme d'Albert Camus et (...) Sartre, du remplacement du rituel d'exclusion par le mécanisme disciplinaire de Michel Foucault, et de l'hypothèse Gaia, développée par James Lovelock et soutenue dans la pandémie actuelle par Bruno Latour. Les dimensions sociales des pandémies, leur lien avec le réchauffement climatique, qui a conduit à une augmentation des maladies infectieuses, et la déforestation de vastes zones, qui ont provoqué la migration des virus de leur zone d'origine (leur « réservoir ») sont mis en évidence ci-dessous. L'éthique des pandémies est abordée sous plusieurs points de vue philosophiques, dont le plus important dans une crise de telles dimensions globales est l'utilitarisme qui consiste à maximiser les bénéfices pour la société en conflit direct avec la vision ordinaire (kantienne) du respect des personnes en tant qu'individus. Après une rétrospective du virus COVID-19 qui a causé la pandémie actuelle, son cycle de vie et son histoire, avec un accent sur la philosophie de la mort, est discuté le concept de biopouvoir initialement développé par Foucault, en référence à la pratique des États modernes de contrôle des populations, et le débat généré par Giorgio Agamben qui déclare que ce qui se manifeste dans cette pandémie est la tendance croissante des États à utiliser l'état d'urgence comme un paradigme normal de gouvernement. Une autre approche intéressante et très débattue est celle générée par les travaux de Slavoj Žižek, qui déclare que la pandémie actuelle a conduit à la faillite du capitalisme « barbare » actuel, se demandant si le chemin que l'humanité empruntera est un néocommunisme. Un autre effet négatif important est la désocialisation, avec la conclusion de certains philosophes que nous ne pouvons pas exister indépendamment de nos relations avec les autres, que l'humanité d'une personne dépend de l'humanité de ceux qui l'entourent. La dernière section est consacrée à prédire à quoi ressemblera le monde après la pandémie, et il y a déjà des signes de changement de paradigme, y compris la disparition soudaine de l'idéologie du « mur » : une toux a suffi à rendre soudain impossible d'échapper à la responsabilité qui chaque individu l'a envers tous les êtres vivants pour le simple fait qu'il fait partie de ce monde et du désir d'en faire partie. Le tout est toujours impliqué en partie, car tout est, en un sens, dans tout et dans la nature il n'y a pas de régions autonomes qui font exception. La pandémie COVID-19 semble restaurer la suprématie qui appartenait autrefois à la politique. L'une des vertus du virus est sa capacité à générer une idée plus sobre de la liberté : être libre signifie faire ce qui doit être fait dans une situation précise. -/- SOMMAIRE: -/- Abstract Introduction 1 Virus 1.1 Ontologie 2 Pandémies 2.1 Dimensions sociales 2.2 Ethique 3 COVID-19 3.1 Biopolitique 3.2 Néocommunisme 3.3 Désocialisation 4 Prévisions Bibliographie -/- DOI: 10.13140/RG.2.2.17905.92003 . (shrink)

The paper begins with a retrospective of the debates on the origin of life: the virus or the cell? The virus needs a cell for replication, instead the cell is a more evolved form on the evolutionary scale of life. In addition, the study of viruses raises pressing conceptual and philosophical questions about their nature, their classification, and their place in the biological world. The subject of pandemics is approached starting from the existentialism of Albert Camus and Sartre, the replacement (...) of the exclusion ritual with the disciplinary mechanism of Michel Foucault, and about the Gaia hypothesis, developed by James Lovelock and supported in the current pandemic by Bruno Latour. The social dimensions of pandemics, their connection to global warming, which has led to an increase in infectious diseases, and the deforestation of large areas, which have caused viruses to migrate from their native area (their "reservoir") are highlighted below. The ethics of pandemics is approached from several philosophical points of view, of which the most important in a crisis of such global dimensions is utilitarianism which involves maximizing benefits for society in direct conflict with the usual (Kantian) view of respect for people as individuals. After a retrospective of the COVID-19 virus that caused the current pandemic, its life cycle and its history, with an emphasis on the philosophy of death, the concept of biopower initially developed by Foucault is discussed, with reference to the practice of modern states of control of the populations and the debate generated by Giorgio Agamben who states that what is manifested in this pandemic is the growing tendency to use the state of emergency as a normal paradigm of government. An interesting and much debated approach is the one generated by the works of Slavoj Žižek, who states that the current pandemic has led to the bankruptcy of the current "barbaric" capitalism, wondering if the path that humanity will take is a neo-communism. Another important negative effect is desocialization, with the conclusion of some philosophers that we cannot exist independently of our relationships with others, that a person's humanity depends on the humanity of those around him. The last section is dedicated to forecasting what the world will look like after the pandemic, and there are already signs of a paradigm shift, including the sudden disappearance of the "wall" ideology: a cough was enough to make it suddenly impossible to avoid the responsibility that every individual has it towards all living beings for the simple fact that he is part of this world, and of the desire to be part of it. The whole is always involved in part, because everything is, in a sense, in everything and in nature there are no autonomous regions that are an exception. The COVID-19 pandemic seems to restore the supremacy that once belonged to politics. One of the virtues of the virus is its ability to generate a more sober idea of ​​freedom: to be free means to do what needs to be done in a specific situation. -/- CONTENTS: -/- Abstract Introduction 1 Viruses 1.1 Ontology 2 Pandemics 2.1 Social dimensions 2.2 Ethics 3 COVID-19 3.1 Biopolitics 3.2 Neocommunism 3.3 Desocialising 4 Forecasting Bibliography -/- DOI: 10.13140/RG.2.2.31039.74405/1. (shrink)

Lucrarea debutează cu o retrospectivă a dezbaterilor privind originea vieții: virusul sau celula? Virusul are nevoie de celulă pentru replicare, în schimb celula este o formă mai evoluată pe scara evoluționistă a vieții. În plus, studiul virușilor ridică întrebări conceptuale și filozofice presante despre natura lor, clasificarea lor, și locul lor în lumea biologică. Subiectul pandemiilor este abordat pornind de la existențialismul lui Albert Camus și Sartre, înlocuirea ritualului de excludere cu mecanismul disciplinar al lui Michel Foucault, și despre ipoteza (...) Gaia, dezvoltată de James Lovelock și susținută în actuala pandemie de Bruno Latour. În continuare sunt evidențiate dimensiunile sociale ale pandemiilor, legătura lor cu încălzirea globală care a dus la o creștere a bolilor infecțioase, și despădurirea unor zone întinse, care au determinat virușii să migreze din zona lor nativă („rezervorul” lor). Etica pandemiilor este abordată din mai multe puncte de vedere filosofice, din care cel mai important într-o criză de asemenea dimensiuni globale este utilitarismul care presupune maximizarea beneficiilor pentru societate în conflict direct cu viziunea obișnuită (kantiană) privind respectul față de persoane ca indivizi. După o retrospectivă a virusul COVID-19 care a cauzat actuala pandemie, a ciclului său de viață și a istoriei sale, cu accent pe filosofia morții, este discutat conceptul de bioputere dezvoltat inițial de Foucault, cu referire la practica statelor naționale moderne de control al populațiilor și dezbaterea generată de Giorgio Agamben care afirmă că ceea ce se manifestă în această pandemie este tendința crescândă de a folosi starea de excepție ca o paradigmă normală de guvernare. O altă abordare de interes și foarte dezbătută este cea generată de lucrările lui Slavoj Žižek, care afirmă că actuala pandemie a dus la falimentul actualului capitalism ”barbar”, întrebându-se dacă nu cumva drumul pe care îl va lua omenirea este un neo-comunism. Un alt efect negativ important este desocializarea, cu concluzia unor filosofi că nu putem exista independent de relațiile noastre cu ceilalți, că umanitatea unei persoane depinde de umanitatea celor din jurul ei. Ultima secțiune este dedicată previziunilor despre cum va arăta lumea după pandemie, existând deja semne ale unei schimbări de paradigmă, inclusiv dispariția bruscă a ideologiei legate de „ziduri”: o tuse a fost suficientă pentru a face dintr-o dată imposibilă evitarea responsabilității pe care fiecare individ o are față de toate ființele vii pentru simplul fapt că este parte a acestei lumi, și a dorinței de a fi parte a ei. Întregul este întotdeauna implicat în parte, pentru că totul este, într-un anumit sens, în tot și în natură nu există regiuni autonome care să constituie o excepție. Pandemia COVID-19 pare să restabilească supremația care a aparținut cândva politicii. Una din virtuțile virusului este capacitatea acestuia de a genera o idee mai sobră de libertate: a fi liber înseamnă a face ceea ce trebuie făcut într-o situație specifică. -/- CUPRINS: -/- Abstract Introducere 1 Viruși 1.1 Ontologia 2 Pandemii 2.1 Dimensiuni sociale 2.2 Etica 3 COVID-19 3.1 Biopolitica 3.2 Neocomunism 3.3 Desocializarea 4 Previziuni Bibliografie -/- DOI: 10.13140/RG.2.2.27611.39205 . (shrink)

This article is a close reading of Edward Said’s image of the intellectual and offers a critique and restatement of that image. Said characterizes the intellectual in contrast to two other images:...

The strength of emotions in moral judgment and decision-making under risk The focus of this paper is the role of emotions in judgments and choices associated with moral issues. Study 1 shows that depending on the strength of emotions when making a moral decision, people become sensitive to the severity and the probability of harm that their decisions can bring to others. A possible interpretation is that depending on the strength of emotions, people in their moral judgments choose to be (...) either utilitarian or deontologist. In Study 2, following the priority heuristic model, we found that in situations in which the violation of moral norms does not evoke strong negative emotions, people are sensitive to quantitative risk parameters, and the decision-making process requires a relatively longer time. In moral situations in which a violation of the moral norm evokes strong emotions, decision-making is based on arguments other than quantitative risk parameters, and the process takes a shorter time. (shrink)

This paper discusses ethical dilemmas related to social work practice with young adults with autism. It does so via the use of a case study taken from real life practice. The different viewpoints and ethical frameworks of the young person, the young person's parents and the Local Authority (or the Local Authority social worker) are considered and discussed. The competing rights of the 2006 United Nations Convention on the Rights of Persons with Disabilities (and the Optional Protocol) are also considered.

Commentators disagree about the extent to which Kant’s ethics is compatible with consequentialism. A question that has not yet been asked is whether Kant had a view of his own regarding the fundamental difference between his ethical theory and a broadly consequentialist one. In this paper I argue that Kant does have such a view. I illustrate this by discussing his response to a well-known objection to his moral theory, namely that Kant offers an implicitly consequentialist theory of moral appraisal. (...) This objection was most famously raised by Mill and Schopenhauer, but also during Kant’s time by Pistorius and Tittel. I show that Kant’s response to this objection in the second Critique illustrates that he sees the fundamental difference between his moral theory and a broadly consequentialist one to be one that concerns methodology. (shrink)

This paper investigates the relation between consequentialism, as conceived of in moral theory, and standard expected utility theory. I argue that there is a close connection between the two. I show furthermore that consequentialism is not neutral with regard to the values of the agent. Consequentialism, as well as standard expected utility theory, is incompatible with the recognition of considerations that depend on what could have been the case, such as regret and disappointment. I conclude that consequentialism should be rejected (...) as a principle of rational choice and that there are reasons to doubt its plausibility in the realm of moral theory. Moreover, this is a reason to doubt whether standard expected utility theory is a plausible theory of rational choice. (shrink)

The distinction between the agent-relative and the agent-neutral plays a prominent role in recent attempts to taxonomize normative theories. Its importance extends to most areas in practical philosophy, though. Despite its popularity, the distinction remains difficult to get a good grip on. In part this has to do with the fact that there is no consensus concerning the sort of objects to which we should apply the distinction. Thomas Nagel distinguishes between agent-neutral and agent-relative values, reasons, and principles; Derek Parfit (...) focuses on normative theories (and the aims they provide to agents), David McNaughton and Piers Rawling focus on rules and reasons, Skorupski on predicates, and there are other suggestions too. Some writers suspect that we fundamentally talk about one and the same distinction. This work is about practical reasons for action rather than theoretical reasons for belief. Moreover, focus is on whether reasons do or do not essentially refer to particular agents. A challenge that undermines the dichotomy in this sense is posed. After having rejected different attempts to defend the distinction, it is argued that there is a possible defence that sets out from Jonathan Dancy’s recent distinction between enablers and favourers. (shrink)

Consequentialism ought not to make an impact, explicit or implicit, on every decision. All it ought generally to enjoy is what I describe as a virtual presence in the deliberation that produces decisions. [...] The argument that we have conducted suggests that the virtuous agent ought in general to remain faithful to his or her instincts and ingrained habits, only occasionally breaking with them in the name of promoting the best consequences.

Consequentialism is a moral philosophy that maintains that the moral worth of an action is determined by the consequences it has for the welfare of a society. Consequences of model design are a part of the model lifecycle that is often neglected. This paper investigates the issue using system dynamics modeling as an example. Since a system dynamics model is a product of the modeler’s design decisions, the modeler should consider the life cycle consequences of using the model. Seen from (...) a consequentialist perspective, the consequences of policies developed from system dynamics models determine the model’s moral value. This concept is explored by discussing model uncertainty from an engineering perspective. In this perspective, the ethical considerations shift from the behavior of the modeler to the model itself and the model’s inherent uncertainty. When the ethical considerations are taken away from the modeler and directed to what the model does, the ethical boundaries extend beyond the proximity of the model. This discussion renews the ethics conversation in system dynamics by considering this shift in philosophical perspective, and investigates how consequentialist moral philosophy applies to the modeling process and in communicating with decision-makers. A model of social assistance in Norway in the context of immigration pressures illustrates some possibilities for addressing these ethical concerns. This paper argues for an ethical framework, or at the very least, an ethical conversation within the field of system dynamics.Article first published online: 25 FEB 2017. (shrink)

This paper argues that an instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. The argument for this position rests on the notion that if there is no relevant side-constraint on trash-talking, then if the player commits to a moral boundary on trash-talking then that is the moral boundary on trash-talking. I then argued that there is no relevant side-constraint on trash-talking and that the players commit to the ownership theory (...) as the moral boundary on trash-talking. Hence, the ownership theory is the moral boundary for trash-talking. I then considered a number of objections, the most important of which are that there is a side-constraint against trash-talking because it is degrading, disrespectful, exploitative, or objectifying and that the ownership theory is false because it confuses what is wrong with what is penalized. (shrink)

In The Moral Dimension, Amitai Etzioni claims, as did Albert Hirschman in Morality and the Social Sciences, that people often act from moral motives, that economics needs to recognize this, and that it will be significantly changed by doing so. I agree, though I think the changes may be smaller than Etzioni believes – I shall be explaining why. But Etzioni goes further. He makes a specific claim about the sort of morality that motivates people: it is deontological. In this (...) paper, I shall examine what this means, how far it is true, and what difference it makes. (shrink)

Cara sui (care of the self) is a guiding thread in Foucault's later writings on ethics. Following Foucault in that inquiry, we are urged beyond our fairly superficial conceptions of consequences, harms, benefits, and the rights of persons, and led to examine ourselves and try to articulate the sense of life that animates ethical reasoning. The result is a nuanced understanding with links to virtue ethics and post-modern approaches to ethics and subjectivity. The approach I have articulated draws on the (...) phenomenology of Levinas and Heidegger, the Virtue ethics of Baier, and the post-structuralist writing of Michel Foucault. The subject is seen as negotiable, embodied, provisional and able to be transformed in a way that denies essentialism about human beings, their moral status, and the idea of the good. The human being emerges as responsible because, properly, responsive to the context of discourse in which morality becomes articulated. When we import this style of thinking into bioethics we find that it reaches beyond issues of policy or right conduct and allows us to use the biomedical sciences and the clinical world to revise and interrogate our understanding of ourselves and the theoretical foundations of health care ethics. (shrink)

Consequentialism is a general approach to understanding the nature of morality that seems to entail a certain view of the world in time. This entailment raises specific problems for the approach. The first seems to lead to the conclusion that every actual act is right – an unacceptable result for any moral theory. The second calls into question the idea that consequentialism is an approach to morality, for it leads to the conclusion that this approach produces a theory whose truth (...) does not depend in any way on the nature of rational beings or value. (shrink)

One popular line of argument put forward in support of the principle that the right is prior to the good is to show that teleological theories, which put the good prior to the right, lead to implausible normative results. There are situa- tions, it is argued, in which putting the good prior to the right entails that we ought to do things that cannot be right for us to do. Consequently, goodness cannot (always) explain an action's rightness. This indicates that (...) what is right must be determined independently of the good. In this paper, I argue that these purported counterexamples to teleology fail to establish that the right must be prior to the good. In fact, putting the right prior to the good can lead to sets of ought statements which potentially con- flict with the principle that ‘ought’ implies ‘can’. I argue that no plausible ethical theory can determine what is right independently of a notion of value or goodness. Every plausible ethical theory needs a mapping from goodness to rightness, which implies that right cannot be prior to the good. (shrink)

The concept of exploitation brings many of our ordinary moral intuitions into conflict. Exploitation—or to use the commonly accepted ordinary language definition, taking unfair advantage—is often thought to be morally impermissible. In order to be permissible, transactions must not be unfair. The claim that engaging in mutually beneficial transactions is morally better than not transacting is also quite compelling. However, when combined with the claim that morally permissible transactions are better than impermissible transactions, these three imply the counterintuitive claim that (...) it is obligatory to engage in mutually beneficial transactions. In this paper I outline the conditions that comprise this ‘paradox of exploitation’ along with a solution that involves replacing one of the original conditions with a condition I call Weak Non-worseness. The solution captures the priority of our concerns about exploitation by making a concern for the fairness of a transaction subsidiary to a concern for the welfare of the would-be exploited. (shrink)

This article argues that Kongzi's religious ethics suggests an alternative way of understanding the relationship between the right and the good, in which neither takes clear precedence in terms of being more foundational for ethics. The religious underpinnings of Kongzi's understanding of the Way are examined, including the close relationship between tian ("Heaven") and the Way. It is shown that following the Way is defined primarily by the extent to which one's actions express certain virtues, and not whether one's actions (...) are conducive to the best overall outcome or whether they are inherently right irrespective of consequences. It is then argued that the Way is seen as constitutive of both the right and the good, and that this understanding of the right and the good has important implications for contemporary virtue ethics, religious ethics, and political philosophy. (shrink)

A powerful objection to impersonal moral theories states that they cannot accommodate the good of friendship. This paper focuses on the problem as it applies to consequentialism and addresses the recent criticism that even the most sophisticated forms of consequentialism are incompatible with genuine friendship. I argue that this objection fails since those who pose this challenge either seriously oversimplify consequentialism's theory of value, misunderstand its theory of practical reason, or put too much weight on the good of friendship itself. (...) I conclude by assessing a contemporary consequentialist response in order to suggest a workable conception of consequentialist friendship. (shrink)

When it comes to epistemic normativity, should we take the good to be prior to the right? That is, should we ground facts about what we ought and ought not believe on a given occasion in facts about the value of being in certain cognitive states (such as, for example, the value of having true beliefs)? The overwhelming answer among contemporary epistemologists is “Yes, we should.” This essay argues to the contrary. Just as taking the good to be prior to (...) the right in ethics often leads one to sanction implausible trade-offs when determining what an agent should do, so too, this essay argues, taking the good to be prior to the right in epistemology leads one to sanction implausible trade-offs when determining what a subject should believe. Epistemic value—and, by extension, epistemic goals—are not the explanatory foundation upon which all other normative notions in epistemology rest. (shrink)

Geach and Thomson have argued that nothing is just plain good, because ‘good’ is, logically, an attributive adjective. The upshot, according to Geach and Thomson, is that consequentialism is unacceptable, since its very formulation requires a predicative use of ‘good’. Reactions to the argument have, for the most part, been uniform. Authors have converged on two challenging objections . First, although the logical tests that Geach and Thomson invoke clearly illustrate that ‘good’, as commonly used, is an attributive, they don’t (...) show that ‘good’ lacks an intelligible predicative interpretation. Second, even if the English word ‘good’ fails to express the property of goodness, we can just stipulate that ‘good*’ expresses goodness and thus formulate consequentialism accordingly. The second objection is one way of voicing skepticism about the method of drawing substantive philosophical conclusions from considerations about ordinary language. In this essay, we present an argument, inspired by Geach and Thomson, which isn’t susceptible to the same objections but which supports the same conclusion. The significance of our argument for ethics is obvious; it challenges the intelligibility of standard consequentialism, and even certain forms of non-consequentialism. One might be inclined to think that a more sophisticated consequentialism, which relies on ‘good {possible world/state of affairs/outcome}’ instead of just ‘good’, evades the criticism. But we explain why the criticism can’t be so easily evaded. (shrink)

This is an open-access textbook designed for introduction to philosophy courses that contain a section on ethics, or for introductory courses in moral theory. In this edited work, chapter authors explore both historical and contemporary approaches to understanding and justifying moral and ethical norms. The chapters cover a wide range of topics, including moral relativism, the relationship between ethics and religion, virtue ethics in the Western and Eastern traditions, the question of self-interest and ethics, utilitarianism, Kantian deontological ethics, and recent (...) work in feminist ethics and evolutionary ethics. -/- Introduction to Philosophy: Ethics, edited by George Matthews (Plymouth State University), is one of a series of open-access textbooks for introduction to philosophy courses edited by Christina Hendricks (University of British Columbia), published with the support of The Rebus Community. (shrink)

This paper explores the claim that someone can reasonably consider themselves to be under a duty to respect the autonomy of a person who does not have the capacities normally associated with substantial self-governance.

The largest medical institutions and various ethicists advocate a utilitarian approach in times of public health crises, to maximize benefits for society, in direct conflict with our usual (Kantian) view of respect for people as individuals. A central problem with utilitarianism is that there is no clear way to evaluate moral choices, including in medical decisions. In general, in medicine is respected the Kantian medical ethics. But in a pandemic, when resources are poor, deep choices of life and death must (...) be made. In these situations, the principles of utilitarianism offer the best answer, moving from a patient-centered thinking model to a society-centered thinking model. DOI: 10.13140/RG.2.2.36811.82728. (shrink)

Cele mai mari instituții medicale și diverși eticieni pledează pentru o abordare utilitaristă în perioadele de crize de sănătate publică, pentru a maximiza beneficiile pentru societate, în conflict direct cu viziunea noastră obișnuită (kantiană) privind respectul față de persoane ca indivizi. O problemă centrală a utilitarismului este că nu există nicio modalitate clară de a evalua alegerile morale, inclusiv în deciziile medicale. În general, în medicină se respectă etica medicală kantiană. Dar în pandemie, când resursele sunt sărace, trebuie făcute alegeri (...) profunde, de viață și moarte. În aceste situații principiile utilitarismului oferă cel mai bun răspuns, cu trecerea de la un model de gândire centrat pe pacient la un model de gândire centrat pe societate. DOI: 10.13140/RG.2.2.28443.69929. (shrink)

This essay tries to demarcate and analyse Artificial Intelligence ethics. Going away from the traditional distinction in normative, meta, and applied ethics, a different split is executed, inspired by the three most prominent schools of thought: deontology, consequentialism, and Aristotelian virtue ethics. The reason behind this alternative approach is to connect all three schools back to ancient Greek philosophy. Having proven that the majority of arguments derive from some ancient Greek scholars, a new voice is initiated into the discussion, Protagoras (...) the Sophist. A big advocate of -the later conceived- humanism and relativism, Protagoras is used as a prism to examine a new ethical model that is based on the personalization of agents. In other words, even though theories of objectivity have overflown contemporary discussions of finding a robust ethical model for Artificial Intelligence agents, there is potential in a subjective model, personalised after each and every user. (shrink)

This chapter first introduces naturalistic approaches to ethics more generally and distinguishes methodological ethical naturalism (the focus of this chapter), from metaphysical ethical naturalism. The second part then discusses evolutionary ethics as a specific variant of methodological ethical naturalism. After introducing the concepts of evolutionary theory that are relevant for evolutionary ethics, I will sketch the history of evolutionary ethics, which offers an interesting lesson about why it became a controversial topic, and then focus on four central questions about ethics (...) that can be approached from within the framework of evolutionary ethics: 1. What should we do? 2. Why are we moral? 3. Are there moral facts? 4. Can we have justified moral beliefs and moral knowledge? (shrink)

In law, the soundness of pragmatic argumentation in which a decision is defended by pointing to the consequences of the application of a particular legal rule, is often disputed. Some legal authors think that it is more of a rhetorical trick than a se rious attempt to convince in a rational way. Others think that it can be an acceptable way to defend a decision, provided that judges make explicit which value judgments underlie their decisions. I will sketch a pragma-dialectical (...) framework for pragmati c argumentation and describe the criteria for sound pragmatic argumentation in a legal context. (shrink)

This paper considers the practical question of why people do not behave in the way they ought to behave. This question is a practical one, reaching both into the normative and descriptive domains of morality. That is, it concerns moral norms as well as empirical facts. We argue that two main problems usually keep us form acting and judging in a morally decent way: firstly, we make mistakes in moral reasoning. Secondly, even when we know how to act and judge, (...) we still fail to meet the requirements due to personal weaknesses. This discussion naturally leads us to another question: can we narrow the gap between what people are morally required to do and what they actually do? We discuss findings from neuroscience, economics, and psychology, considering how we might bring our moral behavior better in line with moral theory. Potentially fruitful means include nudging, training, pharmacological enhancement, and brain stimulation. We conclude by raising the question of whether such methods could and should be implemented. (shrink)