Institutions are normative social structures that are collectively accepted. In his book Making the Social World, John R. Searle maintains that these social structures are created and maintained by Status Function Declarations. The article’s author criticizes this claim and argues, first, that Searle overestimates the role that language plays in relation to institutions and, second, that Searle’s notion of a Status Function Declaration confuses more than it enlightens. The distinction is exposed between regulative and constitutive rules as being primarily a (...) linguistic one: whereas deontic powers figure explicitly in regulative rules, they feature only implicitly in constitutive rules. Furthermore, he contends that Searle’s collective acceptance account of human rights cannot adequately account for the fact that people have these rights even when they are not recognized. Finally, It is argued that a conception of collective intentionality that involves collective commitment is needed in order to do justice to the normative dimension of institutions. (shrink)

In a Dutch weekly it was recently stated that man's moral powers are overestimated in the christian faith. The proponent of this belief, the Dutch–American philologist and philosopher Staal seems to me to be closer to the truth of this matter than his distinguished German colleague Nietzsche. The latter used to fascinate me as a young student with his devastating criticisms of christian culture and the christian view of life. According to Nietzsche, the christian religion has not too high, but (...) rather too low a view of mankind: it wanted man to be ugly and evil; in this way it has succeeded in making man so. The insignificance, ugliness and sinfulness of man is the outcome of a self-fulfilling prophecy. Someone who is being told again and again how insignificant, bad and sinful he is, will end up believing it and behave accordingly. A not implausible theory, I thought at that time. However, as I see the matter now, I would support Staal rather than Nietzsche . The christian faith has an optimistic view of man. Does it overestimate him? Does it attribute imaginary moral powers to him? Does it demand the morally impossible? A positive answer to these questions is not unreasonable if one does not want to go beyond a secular, evolutionist or sociobiological under-standing of man and does not take into consideration the affirmations of the Church. (shrink)

In discussions of practical reason we often encounter the view that a fact is a reason for an agent to act only if the fact is capable of moving the agent to act. This view figures centrally in many philosophical controversies, and while taken for granted by some, it is vigorously disputed by others. In this essay I show that if the disputed position is correctly interpreted, it is well armored against stock objections and implied by a premise that is (...) not only plausible, but generally accepted by the position's critics. (shrink)

A moral code consists of principles that assign moral status to individual actions – principles that evaluate acts as right or wrong, prohibited or obligatory, permissible or supererogatory. Many theorists have held that such principles must serve two distinct functions. On the one hand, they serve a theoretical function, insofar as they specify the characteristics in virtue of which acts possess their moral status. On the other hand, they serve a practical function, insofar as they provide an action-guide: a standard (...) by reference to which a person can choose which acts to perform and which not. Although the theoretical and practical functions of moral principles are closely linked, it is not at all obvious that what enables a principle to fill one of these roles automatically equips it to fill the other. In this paper I shall briefly examine some of the reasons why a moral principle might fail to fill its practical role, i.e., be incapable of guiding decisions. I shall then sketch three common responses to this kind of failure, and examine in some detail the adequacy of one of the most popular of these responses. (shrink)

To promise someone to do something is to commit oneself to that person to do that thing, but what does that commitment consist of? Some think a promissory commitment is an obligation to do what’s promised, and that while promising practices facilitate the creation of promissory obligations, they are not essential to them. I favor the broadly Humean view in which, when it comes to promises (and so promissory obligations), practices are of the essence. I propose the Practice Reason Account (...) of promises, according to which a promise is basically to give oneself a self-interested practice reason to do what’s promised. One achieves this feat by invoking self-enforcing independent practice rules thanks to which one’s doing what’s promised preserves one’s promissory trust(worthiness) and promising power. However, nothing in this account supports the Hume-Rawls claim that promise-keeping or promise-breaking is right just when and because it conforms to practice rules that are justified by their good- or right-making properties. (shrink)

The field of business ethics has been active for several decades, but it has yet to develop a generally agreed upon applied ethical perspective for the discipline. Academics in business disciplines have developed useful science-based models explaining why business people behave ethically but without a generally accepted definition of ethical behavior. Academics in moral philosophy have attempted to formulate what they believe ethical behavior is, but many seem to ignore or reject the basic mission of business. The purpose of this (...) article is to offer one view of ethics in business that accommodates the mission of business. This purpose is achieved by reviewing the mission of ethics in applied disciplines like business and melding it into the mission of business in capitalistic societies. (shrink)

The impact of science on ethics forms since long the subject of intense debate. Although there is a growing consensus that science can describe morality and explain its evolutionary origins, there is less consensus about the ability of science to provide input to the normative domain of ethics. Whereas defenders of a scientific normative ethics appeal to naturalism, its critics either see the naturalistic fallacy committed or argue that the relevance of science to normative ethics remains undemonstrated. In this paper, (...) we argue that current scientific normative ethicists commit no fallacy, that criticisms of scientific ethics contradict each other, and that scientific insights are relevant to normative inquiries by informing ethics about the options open to the ethical debate. Moreover, when conceiving normative ethics as being a nonfoundational ethics, science can be used to evaluate every possible norm. This stands in contrast to foundational ethics in which some norms remain beyond scientific inquiry. Finally, we state that a difference in conception of normative ethics underlies the disagreement between proponents and opponents of a scientific ethics. Our argument is based on and preceded by a reconsideration of the notions naturalistic fallacy and foundational ethics. This argument differs from previous work in scientific ethics: whereas before the philosophical project of naturalizing the normative has been stressed, here we focus on concrete consequences of biological findings for normative decisions or on the day-to-day normative relevance of these scientific insights. (shrink)

This paper is about conceptual engineering. Specifically, it discusses a common objection to CE, which I call the Discontinuity Objection. According to the Discontinuity Objection, CE leads to problematic discontinuities in subject and/or inquiry – making it philosophically uninteresting or irrelevant. I argue that a conceptual engineer can dismiss the Discontinuity Objection by showing that the pre-engineering concept persists through the proposed changes. In other words, the Discontinuity Objection does not apply if the proposal involves identity-preserving changes. Two existing views (...) on identity-preserving changes are considered and rejected. I then argue that an identity-preserving conceptual change is one that allows the concept to continue to perform its function. A concept’s function is its job, its point and purpose, its role in a conceptual repertoire. In a slogan: Preserve a concept’s function, and you preserve the concept itself; preserve the concept, and you preserve the subject. The paper concludes by discussing some implications of this view. (shrink)

Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...) for granted by most philosophical accounts of promissory obligation.1 I agree that human beings do want such information and that they often get it by accepting promises. But I doubt that promising exists because it serves this information interest. (shrink)

Economic concepts and methods are used to throw light on some aspects of common-sense ethics and the difference between it and Utilitarianism. (1) Very few exceptions are allowed to the rules of common-sense ethics, because of the cost of information required to justify an exception to Conscience and to other people. No such stringency characterizes Utilitarianism, an abstract system constructed by philosophers. (2) Rule Utilitarianism is neither consistent with common-sense ethics, nor does it maximize utility as has been claimed for (...) it. The same is true of more recent variants of Utilitarianism. (3) Second best and first best are usually identical in common-sense ethics. They are often identical in Utilitarianism when a moral situation can be represented by a Prisoner's Dilemma. However, problems arise in permissive forms of Utilitarianism when it is not obvious that second best should be applied. (shrink)

This “open letter” to Christopher Boorse is a response to his influential naturalist analysis of disease from the perspective of linguistic-analytic value theory. The key linguistic-analytic point against Boorse is that, although defining disease value free, he continue to use the term with clear evaluative connotations. A descriptivist analysis of disease would allow value-free definition consistently with value-laden use: but descriptivism fails when applied to mental disorder because it depends on shared values whereas the values relevant to mental disorders are (...) highly diverse. A part-function analysis, similarly, although initially persuasive for physical disorders, fails with the psychotic mental disorders because these, characteristically, involve disturbances of the rationality of the person as a whole. The difficulties encountered in applying naturalism to mental disorders point, linguistic-analytically, to the possibility that there is, after all, an evaluative element of meaning, deeply hidden but still logically operative, in the concept of disease. (shrink)

Morality requires us to act for the good of others. This is not the only moral requirement there is, and it is, of course, controversial where the good of others lies. But whatever their good is, there can be no serious doubt that acting so as to bring it about is one crucial obligation morality places on us. Yet the nature of this obligation is unclear, because there are difficult questions about its aim and about the motivational sources required for (...) realizing it. Who are the others for whose good we are obligated to act? Are they only people in our immediate context, or members of our society, or all human beings? And, as a matter of moral psychology, what leads us to honor this obligation? Is it a sense of justice, decency, prudence, benevolence, or some combination of these and perhaps other virtues? The answers we give will shape our understanding of the nature of the obligation. For the character traits which we think should move us will influence the choice of people we aim to benefit and the inclusiveness we attribute to the obligation will affect the motives we wish to cultivate in ourselves and others. (shrink)

This paper joins the voices warning against hasty transference of legal concepts of presumption to other kinds of argumentation, especially to deliberation about future acts and policies. Comparison of the pragmatics which respectively constitute the illocutionary acts of accusing and proposing reveals important differences in the ways presumptions prompt accusers and proposers to undertake probative responsibilities and, also, points to corresponding differences in their probative duties. This comparison has theoretically important implication regarding the norms governing persuasive argumentation. The paper is (...) based on a broadly Gricean account of speech acts. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 331-355, December 2021.

Moral theories often issue general principles that explain our moral judgments in terms of underlying moral considerations. But it is unclear whether the general principles have an explanatory role beyond the underlying moral considerations. In order to avoid the redundancy of their principles, two-level theories issue principles that appear to generalize beyond the considerations that ground them. In doing so, the principles appear to overgeneralize. The problem is conspicuous in the case of contractualism, which proposes that moral principles are grounded (...) in generic reasons that operate in only a subset of the cases covered by the relevant principle. Arguments that motivate the use of generic reasons on the basis of guidance, institutional necessity, or fairness are unsatisfactory. But the generality of moral principles can be justified in terms of the idea of a generic interest, which is an interest that all occupants of a standpoint have in virtue of what occupants of the standpoint as such typically take an interest in. The notion of a generic interest therefore acknowledges a distinction between having and taking an interest, and its use in moral theory is a way of giving expression to the significance of autonomy. This is reminiscent of the idea of a normative power; but the idea of a generic interest is less expensive and makes better sense of the way in which autonomy features in our moral lives. (shrink)

In this paper I question the claims made for a ‘coming era of nanotechnology’ and the ethical challenges, it is argued, that are entailed by this particular technological revolution. I argue that such futurist claims are sustained by an untenable modernist narrative which separates the technical and the social. This is exemplified by the work of K. Eric Drexler and his claim that whilst the course of scientific knowledge may remain unpredictable we nevertheless can predict with accuracy the trajectory of (...) technology and particularly the emergence of nanotechnology. The problem then, on the basis of knowledge about the future state of technology, is to make choices now which will forestall unintended and undesirable consequences. Firstly, the paper argues for a radical scepticism towards all forms of forecasting or prediction but especially technological forecasting of the type exemplified in the debate around nanotechnology. Secondly, given this radical scepticism the paper criticises the idea that a prospective ethics can be created on the basis of an assessment of consequences of nanotechnology. (shrink)

It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional actions possible, whereas regulative rules (such as the rules of etiquette) pertain to actions that can be performed independently of such rules. Some, however, maintain that the distinction between regulative and constitutive rules is merely (...) a linguistic one. In this paper I present the status account of constitutive rules in order to address this criticism. According to the status account constitutive rules pertain to institutional statuses and statuses are to be understood in terms of status rules. Status rules concern the enabling and constraining roles of institutions, and constitutive rules specify the preconditions that have to be met in order for them to play these roles. Even though I end up endorsing the claim that the distinction mentioned is a linguistic one, I go on to argue that there is an underlying reality that constitutive rules serve to make apparent. (shrink)

Recent UK reports have revealed extensive evidence of unethical care practices. Older and vulnerable patients in some British health services have experienced appalling and avoidable suffering. Explanations for, and solutions to, these care failures have been proposed with wide-ranging recommendations. Many of these have direct implications for clinical ethics with additional frameworks for ethical values proposed, a heightened awareness of the moral culture of organisations acknowledged and a renewed interest in the ethics component of professional education debated. In this paper, (...) I suggest that we integrate insights from the slow movement into clinical ethics practice. Distinctions are made between fast and slow healthcare practice and between fast and slow ethics. I argue that, whilst there is a place for both, slow ethics enables us to assume a more positive stance in relation to ‘crisis’, and requires that we learn from past accounts and scholarship and consider the role of clinical ethics in sustaining caring cultures. (shrink)

I begin with a note about moral goodness as a quality, disposition, or trait of a person or human being. This has at least two different senses, one wider and one narrower. Aristotle remarked that the Greek term we translate as justice sometimes meant simply virtue or goodness as applied to a person and sometimes meant only a certain virtue or kind of goodness. The same thing is true of our word “goodness.” Sometimes being a good person means having all (...) the virtues, or at least all the moral ones; then goodness equals the whole of virtue. But sometimes, being a good person has a narrower meaning, namely, being kind, generous, and so forth. Thus, my OED sometimes equates goodness with moral excellence as a whole and sometimes with a particular moral excellence, viz., kindness, beneficence, or benevolence; and the Bible, when it speaks of God as being good sometimes means that God has all the virtues and sometimes only that he is kind, mereiful, or benevolent. When Jesus says, “Why callest thou me good: None is good, save one, that is God,” he seems to be speaking of goodness in the inclusive sense, but when the writer of Exodus has God himself say that he is “merciful and gracious, long-suffering, and abundant in goodness and truth,” God is using “goodness” in the narrower sense in which it means benevolence, for he goes on to make it clear that he is also just and severe. Similarly, “good will” may mean either “morally good will” in general, as it does in Kant, or it may mean only “benevolent will,” as it usually does; in “men of good will” it is perhaps ambiguous. (shrink)

Many of the most important social institutions—e.g., law and language—are thought to be normative in some sense. And philosophers have been puzzled by how this normativity can be explained in terms of the social, descriptive states of affairs that presumably constitute them. This paper attempts to solve this sort of puzzle by considering a simpler and less contentious normative social practice: table manners. Once we are clear on the exact sense in which a practice is normative, we see that some (...) practices can be normative in an interesting and non-trivial sense, but also explicable with merely descriptive resources. In addition to arguing that it is possible to explain normative practices with descriptive resources, this paper presents and defends just such an explanation—an account of the nature of table manners that appeals only to descriptive states of affairs. (shrink)

Jonas Olson presents a critical survey of moral error theory, the view that there are no moral facts and so all moral claims are false. Part I explores the historical context of the debate; Part II assesses J. L. Mackie's famous arguments; Part III defends error theory against challenges and considers its implications for our moral thinking.

In response to critique by Godden and Walton, this essay delineates the role of moral motivation in the commitment structure of ordinary presumptive inferences. It defends the capacity of ordinary presumptions to support discursive structures within which everyday argumentation can address defeasible claims and enable alignments and realignments in probative obligations, i.e., burdens of proof.