Is morality rational? In this book Gauthier argues that moral principles are principles of rational choice. He proposes a principle whereby choice is made on an agreed basis of cooperation, rather than according to what would give an individual the greatest expectation of value. He shows that such a principle not only ensures mutual benefit and fairness, thus satisfying the standards of morality, but also that each person may actually expect greater utility by adhering to morality, even though the choice (...) did not have that end primarily in view. In resolving what may appear to be a paradox, the author establishes morals on the firm foundation of reason. Gauthier's argument includes an account of value, linking it to preference and utility; a discussion of the curcumstances in which morality is unnecessary; and an application of morals by agreement to relations between peoples at different levels of development and different generations. Finally, he reflects on the assumptions about individuality and community made by his account of rationality and morality. (shrink)

It is argued that accepting that there are human rights, or that there are categorically binding requirements of any kind on action, logically requires accepting the PGC (Principle of Generic Consistency) as the supreme criterion of practical reasonableness.Consequently, all legal systems that recognise human rights (hence, the English legal system), all who view law as a matter of obligation, and all who consider that there are categorically binding requirements on action, must take the PGC to be a necessary criterion of (...) legal validity. Conventions on human rights must, as conventions on human rights, be interpreted to conform with the PGC. (shrink)

In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with (...) the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application. (shrink)

The concept of human dignity is increasingly invoked in bioethical debate and, indeed, in international instruments concerned with biotechnology and biomedicine. While some commentators consider appeals to human dignity to be little more than rhetoric and not worthy of serious consideration, the authors of this groundbreaking new study give such appeals distinct and defensible meaning through an application of the moral theory of Alan Gewirth.

"Most modern philosophers attempt to solve the problem of morality from within the epistemological assumptions that define the dominant cultural perspective of our age. Alan Gewirth's Reason and Morality is a major work in this ongoing enterprise. Gewirth develops, with patience and skill, what he calls a 'modified naturalism' in which morality is derived by logic alone from the concept of action.... I think that the publication of Reason and Morality is a major event in the history of moral philosophy. (...) It develops with great power a new and exciting position in ethical naturalism. No one, regardless of philosophical stance, can read this work without an enlargement of mind. It illuminates morality and agency for all."—E. M. Adams, The Review of Metaphysics "This is a fascinating study of an apparently intractable problem. Gewirth has provided plenty of material for further discussion, and his theory deserves serious consideration. He is always aware of possible rejoinders and argues in a rigorous manner, showing a firm grasp of the current state of moral and political philosophy."—Mind. (shrink)

Alan Gewirth extends his fundamental principle of equal and universal human rights, the Principle of Generic Consistency, into the arena of social and political philosophy, exploring its implications for both social and economic rights. He argues that the ethical requirements logically imposed on individual action hold equally for the supportive state as a community of rights, whose chief function is to maintain and promote the universal human rights to freedom and well-being. Such social afflictions as unemployment, homelessness, and poverty are (...) basic violations of these rights, which the supportive state is required to overcome. A critical alternative to both "liberal" and "communitarian" views, this book will command the attention of anyone engaged in the debate over social and economic justice. (shrink)

In his preface to the English edition, Apel (identified with critical theory) explains that the title of his two-volume German collection connotes both a reconstruction of the process of hermeneutic transformation in recent philosophy and the author's semiotical transformation of transcendental logic. The emphasis here is on the latter with discussions of the a priori nature of language per Wittgenstein, Peirce, and Chomsky, and its implications for a rational foundation for ethics in modern science. Includes a new foreword. Name index (...) only. Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)

The justification of the theory -- Gewirth's argument for the principle of generic consistency -- Objections to Gewirth's argument -- Positive rights and community -- Agents and persons : the dignity-conferring value of rights -- A reconstruction of Gewirth's argument for the PGC around the concept of self-respect -- The unity of the right and the good : rights, virtues, and sentiments -- The unity of the right and the good -- Conflicts of duties : special obligations -- The resolution (...) of the conflict between self-interest and morality -- Justification, motivation, and compliance -- The conflict between self-interest and morality -- The practical application of the theory : a neo-stoic perspective -- The ethical foundations of professional practice -- The application of the PGC in professional ethics -- The neo-stoicism of Gewirth's rationalist ethics. (shrink)