Some philosophers have claimed that pleasures and pains are characterized by their particular or . Most contemporary writers reject this view: they hold that hedonic states have nothing in common except being liked or disliked (alternatively: pursued or avoided) for their own sake. In this article, I argue that the hedonic tone view has been dismissed too quickly: there is no clear introspective or scientific evidence that pleasures do not share a phenomenal quality. I also argue that analysing hedonic states (...) in terms of liking or wanting is implausible. If it is correct that pleasures and pains are not united by any particular hedonic tone, we should instead simply conclude that there are several different hedonic tones. This pluralistic understanding of the hedonic tone view has generally been overlooked in the literature, but appears to be fairly plausible as a philosophical account of pleasure and pain. (shrink)

The Scandinavian Realist Karl Olivecrona did not pay much attention to questions of legal reasoning in his many works. He did, however, argue that courts necessarily create law when deciding a case. The reason, he explained, is that judges must evaluate issues of fact or law in order to decide a case, and that evaluations are not objective. Olivecrona's line of argument is problematic, however. The problem is that Olivecrona uses the term "evaluation" in a sense that is broad enough (...) to cover not only evaluations, including moral evaluations, but also considerations that are not evaluations at all, and therefore his claim that judges must evaluate issues of law or fact in order to decide whether a case is false. (shrink)

Environmental ethics is generally searching for the intrinsic value in natural beings. However, there are very few holistic models trying to reflect the various dimensions of the experience-to-be a natural being. We are searching for that intrinsic value, in order to determine which species are holders of rights. In this article, I suggest a set of moral and rational principles to be used for identifying the intrinsic value of a given species and for comparing it to that of other species.

The problem of value disagreement and contextualist, relativist and metalinguistic attempts of solving it are laid out. Although the metalinguistic account seems to be on the right track, it is argued that it does not sufficiently explain why and how disagreements about the meaning of evaluative terms are based on and can be decided by appeal to existing social practices. As a remedy, it is argued that original suggestions from Putnam's 'The Meaning of "Meaning"' ought to be taken seriously. The (...) resulting dual aspect theory of meaning can explain value disagreement in much the same way as it deals with disagreement about general terms. However, the account goes beyond Putnam's by not just defending a version of social externalism, but also defending the thesis that the truth conditional meaning of many evaluative terms is not fixed by experts either and instead constantly contested as part of a normal function of language. (shrink)

Many forms of virtue ethics, like certain forms of utilitarianism, suffer from the problem of indirection. In those forms, the criterion for status of a trait as a virtue is not the same as the criterion for the status of an act as right. Furthermore, if the virtues for example are meant to promote the nourishing of the agent, the virtuous agent is not standardly supposed to be motivated by concern for her own flourishing in her activity. In this paper, (...) I propose a virtue ethics which does not suffer from the problem. Traits are not virtues because their cultivation and manifestation promote a value such as agent flourishing. They are virtues in so far as they are habits of appropriate response to various relevant values. This means that there is a direct connection between the rationale of a virtue and what makes an action virtuous or right. (shrink)

In this thesis I am going to explore the relationship between happiness and imprisonment. I will discuss three theories of happiness - hedonism, life satisfaction theories and emotional states theories. I will argue that the main problem of these theories is that they take happiness to consist only of psychological states. Because of this, I will turn my attention towards those theories that evaluate happiness in terms of how well life is going for the person who is living it. I (...) will argue that my Aristotelian account is the most plausible way to understand the relationship between happiness and imprisonment. This is because it takes into account both the external circumstances and the psychological and emotional life of pnsoners. Through this thesis, I will show that my account of happiness in prison accomplishes three tasks: i) it solves the problems encountered by the other theories of happiness in the evaluation of prisoners' happiness, ii) it does not suffer from two of the main objections to the other objectivist theories of happiness, and iii) it can help us to investigate the happiness of prisoners empirically more accurately. (shrink)

ABSTRACT:The language of virtue is gaining wider appreciation in the philosophical, psychological, and management literatures. Ethicists and social scientists aim to integrate normative and empirical approaches into a new “science of virtue.” But, I submit, they are talking past each other; they hold radically different notions of what a virtue is. In this paper, I shall examine two conflicting conceptions of virtue, what I call the reductive and the non-reductive accounts of virtue. I shall critically study them and argue that (...) the non-reductive view is the best philosophical account of virtue and the only one that can account for the way we talk about virtue in business and in everyday life. We can only understand what it means to act virtuously through the examination of the attitudes, beliefs, desires, and inclinations of the virtuous agent. I shall illustrate the differences between the reductive and non-reductive accounts by considering the virtue of gratitude. (shrink)

Instrumentalists about need believe that all needs are instrumental, i.e., ontologically dependent upon ends, goals or purposes. Absolutists view some needs as non-instrumental. The aims of this article are: clearly to characterize the instrumentalism/absolutism debate that is of concern (mainly §1); to establish that both positions have recent and current adherents (mainly §1); to bring what is, in comparison with prior literature, a relatively high level of precision to the debate, employing some hitherto neglected, but important, insights (passim); to show, (...) on grounds not previously to the fore in the literature, that insofar as instrumentalism’s advocates have provided arguments for the position, these are unsound (§2); to argue against instrumentalism using a new dilemma concerning whether ‘end’, ‘goal’ and ‘purpose’ are interpreted in a mentalistic manner (§3); to elucidate the implications of the needs/need-satisfiers and preconditions/means distinctions for the debate (§4). (shrink)

This chapter defends an axiological theory of pain according to which pains are bodily episodes that are bad in some way. Section 1 introduces two standard assumptions about pain that the axiological theory constitutively rejects: (i) that pains are essentially tied to consciousness and (ii) that pains are not essentially tied to badness. Section 2 presents the axiological theory by contrast to these and provides a preliminary defense of it. Section 3 introduces the paradox of pain and argues that since (...) the axiological theory takes the location of pain at face value, it needs to grapple with the privacy, self-intimacy and incorrigibility of pain. Sections 4, 5 and 6 explain how the axiological theory may deal with each of these. (shrink)

The first sentence of NE I.2 has roughly the form: "If A [there is a universal end] and B, then D [this end will be the best good]". According to some commentators, Aristotle uses B to infer A; but then the sentence is fallacious. According to other commentators, Aristotle does not use B ; but then the sentence is bizarre. Contrary to both sets of commentators, I suggest that Aristotle uses B together with A to infer validly that there is (...) a non-instrumental – and thus unique – universal end. On this interpretation the above two problems disappear, but a subtler problem emerges: not-B does not entail C. (shrink)

ABSTRACT:To have a virtue is to possess a certain kind of trait of character that is appropriate in pursuing the moral good at which the virtue aims. Human beings are assumed to be capable of attaining those traits. Yet, a number of scholars are skeptical about the very existence of such character traits. They claim a sizable amount of empirical evidence in their support. This article is concerned with the existence and explanatory power of character as a way to assess (...) the possibility of achieving moral virtue, with particular attention paid to business context. I aim to unsettle the so-called situationist challenge to virtue ethics. In the course of this article, I shall defend four claims, namely, that virtues are more than just behavioral dispositions, that at least some virtues may not be unitary traits, that psychologists cannot infer virtues from overt behavior, and that the situationist data do not account for the observational equivalence of traits. Since it rests on a misconception of what virtue is, the situationist objection remains unconvincing. (shrink)

Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...) true belief and correct choices, needs to take into account the attitudes of dialogue partners as well as normative models of dialogue and communicative activity types, in particular social and cultural settings. (shrink)

In this article, I distinguish between a moral and a strictly legal conception of legal normativity, and argue that legal positivists can account for law's normativity in the strictly legal but not in the moral sense, while pointing out that normativity in the former sense is of little interest, at least to lawyers. I add, however, that while the moral conception of law's normativity is to be preferred to the strictly legal conception from the rather narrow viewpoint of the study (...) of law's normativity, it is less attractive than the latter from the broader viewpoint of the study of the nature of law. I then distinguish between a moral and a strictly legal conception of the normative force of legal justification, and argue that legal positivists may without contradiction embrace the moral conception, and that therefore the analysis of the normative force of legal justification need not be a problem for legal positivists. I conclude that, on the whole, we have reason to prefer legal positivism to natural law theory. I begin by introducing the subject of jurisprudence . I then introduce the natural law/legal positivism debate, suggesting that we ought to understand it as a debate about the proper way to explicate the concept of law . I proceed to argue that legal decision‐making is a matter of applying legal norms to facts, and that syllogistic reasoning plays a prominent role in legal decision‐making thus conceived . Having done that, I discuss law's normativity , the normative force of legal justification , and the relation between the former and the latter . I conclude with a critical comment on Joseph Raz’ understanding of the question of law's normativity. (shrink)

What is it exactly that we are attributing to a thing when we judge it to be good? According to the orthodox answer, at least in some cases when we judge that something is good we are attributing to it a monadic property. That is, good things are “just plain good.” I reject the orthodox view. In arguing against it, I begin with the idea that a plausible account of goodness must take seriously the intuitive claim that there is something (...) in common between moral and non-moral goodness—something in virtue of which it makes sense to call ‘good’ both the things that are morally good and the things that are non-morally good. However, it is implausible that all judgments about the goodness of things attribute a monadic property to those things, as this does not capture what we mean when we judge something to be non-morally good. Instead, I propose and defend my own relational theory of goodness according to which goodness is a relation that holds between things and ends (or goals). That is, goodness is a relational property such that to be good is to be related in the relevant way to some goal or another. This is true in both the mundane everyday cases and in loftier cases concerned with moral goodness. (shrink)

This paper concerns the prospects for an internal validation of the Aristotelian virtues of character. With respect to the more contentious trait of patriotism, this approach for validating some specific trait of character as a virtue of character provides a plausible and nuanced Aristotelian position that does not fall neatly into any of the categories provided by a recent mapping of the terrain surrounding the issue of patriotism. According to the approach advocated here, patriotism can plausibly, though qualifiedly, be defended (...) as a virtue, by stressing its similarities to another loyalty-exhibiting trait about which Aristotle has quite a bit to say: the virtue of friendship. (shrink)

In this paper I discuss Hegel's views on the determination of intentions. The main point is that it pays to distinguish sufficiently clearly four perspectives to human action: 1) The agent's "moral" perspective and the understanding and description under which the agent acted; from this perspective we can thematize the operative intention-in-action and distinguish "action" from "deed". 2) The agent's retrospective awareness and appropriation of the action: was what I did really justified and did it express my true goals? 3) (...) The retrospective takes of others concerning the action, from within relevant social practices and the prevailing Sittlichkeit. 4) The perspective of Reason or Idea as emerging in the world history. In this paper I use this differentiation of perspectives to discuss Hegel's views on action. I defend the primacy of the individual herself in the first aspect mentioned, in what Hegel calls the "moral" perspective. Robert Pippin's idea of "retrospective" determination of intentions is analyzed and (on some readings) criticized. (shrink)

The great variousness and plurality of goodness has given comfort to general scepticism about values and a multitude of metaethical attitudes or predilections. But is this variousness and plurality really the hotch-potch it has appeared? The paper recapitulates and expands von Wright's typology of the varieties of goodness and looks to explain the order or system that underlies the phenomena by developing and extending a conjecture of Aristotle's, the so-called 'focal hypothesis', and combining there-with a suggestion of von Wright's, to (...) the effect that the central case of something good is the faring well of a being. By means of focal hypothesis, one may account fairly well for medical, technical, instrumental, beneficial and utilitarian goodness. Other varieties such as hedonic and ethical goodness complicate the picture, as also do all cases where it seems that an antecedent kind of goodness impinges upon a being. These complications mirror in part the finding that the human scale of values is not a scale exclusively of human values. (shrink)

Is “good” a family-resemblance concept? Wittgenstein holds it is, since cases of goodness may not have anything in common, but there may be a continuous transition from some cases to others. Von Wright and Hacker argue it is not. They hold that family-resemblance concepts satisfy two conditions that goodness does not satisfy. I assess their arguments and then present a constitutivist account of goodness that Wittgenstein seems to endorse. The constitutivist account is what one would expect if goodness was a (...) family-resemblance concept. Finally, I note that Wittgenstein's nod towards non-descriptivism in the Investigations is paralleled by Stevenson's ethical emotivism. (shrink)

I There are a great many ways in which a thing can be good. What counts as a way of being good? I leave it to intuition. Let us allow that being a good dancer is being good in a way, and that so also is being a good carpenter. We might group these and similar ways of being good under the name activity goodness, since a good dancer is good at dancing and a good carpenter is good at carpentry. (...) Everything good at doing something D is good in a way, and for each activity D, being good at D-ing falls into the class of ways of being good which I call activity goodness. Again, let us allow that being a good hammer is being good in a way, and that so also is being a good butter knife. We might group these ways of being good under the name equipment goodness, since a good hammer is good for use in hammering nails and a good butter knife is good for use in buttering bread. Everything good for use in achieving a purpose P is good in a way, and for each purpose P, being good for use in achieving P falls into the class of ways of being good which I call equipment goodness. Again, let us allow that tasting good is being good in a way, and so also are looking good, sounding good, and so on. The class here is aesthetic goodness. Is all goodness goodness-in-a-way? Intuitively, the answer is yes: it seems right to think that everything is good only insofar as it is good in one or more ways. (shrink)

Instrumental values are often considered to be inferior to intrinsic values. One reason for this is that instrumental values are extrinsic and rely on two factors: (a) a means–end relationship that is (b) conducive to something of final or intrinsic value. In this paper, I will investigate the conditions under which bearers of instrumental value are given different value or owed different levels of respect. Such conditions include the number of means that are conducive to something of final or intrinsic (...) value as well as the form of causality that is implied. It will be suggested that different numbers and causal relations will imply different degrees of reverence or respect to the bearers of instrumental value. I will also critically investigate recent proposals such as relational values that allegedly go beyond the distinction between instrumental and intrinsic value. Drawing from this critical analysis, a nuanced picture of instrumental value will be provided. (shrink)

In his new book, The Force of Law, Frederick Schauer maintains that law has no necessary properties, and that therefore jurisprudents should not assume that an inquiry into the nature of law has to be a search for such properties. I argue, however, that Schauer's attempt to show that legal anti-essentialism is a defensible position fails, because his one main argument is either irrelevant or else incomplete, depending on how one understands it, and because the other main argument is false.

Environmental ethics is generally searching for the intrinsic value in natural beings. However, there are very few holistic models trying to reflect the various dimensions of the experience‐to‐be a natural being. We are searching for that intrinsic value, in order to determine which species are holders of rights. In this article, I suggest a set of moral and rational principles to be used for identifying the intrinsic value of a given species and for comparing it to that of other species.

Two claims lay the foundation for Beyleveld and Brownsword’s legal theory. The first says that immoral laws cannot be law, the second that rights to freedom and welfare can be proven to be logically necessary given merely the phenomenon of agency. The author argues that both claims are too strong. The first is an overidealization of law, which fails to do justice to its double nature as a real as well as an ideal phenomenon. The second must fail, for a (...) moral “ought” cannot be deduced from a merely instrumental “ought.”. (shrink)

How do contemporary publics understand happiness? What makes them experience it? Do conceptions and sources of their happiness vary across culturally different societies? This paper addresses these questions, utilizing the 2008 round of the AsiaBarometer surveys conducted in six countries scattered over four different continents. Analyses of these surveys, conducted in Japan, China, and India from the East; and the United States, Russia, and Australia from the West, reveal a number of interesting cross-cultural differences and similarities in the way the (...) people of the East and West understand and experience happiness. Specifically, the former are much less multidimensional than the latter in their conceptions of happiness. Yet, they are alike in that their sense of relative achievement or deprivation is the most pervasive and powerful influence on happiness. (shrink)

Are moral judgements objective? This is a question of great complexity, and in what follows I shall try to cast some light on what it means, and on how it might be answered.

This article explores the role of desires in the ethics of deception. The argument concentrates on intrinsic desires not to have false beliefs and on the resulting role of false beliefs as building-blocks, not just causes, of harm. If there is a duty of beneficence at all and desire fulfilment is at least a component of welfare, there is often a direct wrongness in causing a false belief.