In A Theory of Justice, John Rawls defines a hypothetical contract situation and argues rational people will agree on reflection it is fair to contractors. He solves the rational choice problem it poses by deriving two lexically-ordered principles of justice and suggests the derivation justifies the principles. Its soundness aside, just what justificatory force does such a derivation have?On one view, there is no justificatory force because the contract is rigged specifically to yield principles which match our pre-contract moral judgments. (...) Rawls provides ammunition for this claim: “By going back and forth, sometimes altering the conditions of the contractual circumstances, at others withdrawing our judgments [about what is just] and conforming them to principle, I assume that eventually we shall find a description of the initial situation that both expresses reasonable conditions and yields principles which match our considered judgments duly pruned and adjusted.”. (shrink)

There is a hoary tradition in moral philosophy that assumes we cannot determine which moral theory is acceptable or correct unless we have available a correct theory of human nature, or, in its more modern form, of the person. With such a theory of the person, however, we could at least narrow down the choice among competing ethical theories. A more recent tradition, at least in one of its standard interpretations, agrees it would be necessary to have a correct theory (...) of the person before we could determine an acceptable moral theory, but it denies there is a determinate nature of the person to be captured in such a theory. The plasticity of the person, according to this strand of Marxist theory, rules out the possibility of there being universal moral theory at all. In this paper, I would like to explore a view that treads an intermediate path. It agrees with the Marxist denial that there is a determinate nature of the person, a deep fact of the matter, that can be abstracted from the social matrix and made the subject of a theory of the person. And, it agrees with both traditions that moral theory depends on and embodies a theory of the person. But, by making the problem of arriving at an acceptable view of the person itself something that depends on overall theoretical considerations, including moral ones, the intermediary, view may be able to avoid the type of moral relativism associated with the Marxist view. (shrink)

This paper discusses the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation. I begin by examining the structure of moral reasoning in light of Levinas's account of ethics, looking particularly at the role of the third party (le tiers) in modifying Levinas's primary ethical structure of the face to face relation. I then argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories, such as that of H. (...) L. A. Hart, that propose a systematic distinction between legal and moral species of obligation. (shrink)

1. There is no dearth of objections to Rawls's A Theory of justice. Scores of articles and several books begin by praising the rigor and depth of Rawls's book — and end by concluding that it is thoroughly mistaken. In the present essay I will not add to the list of negative responses to A Theory of Justice. Instead I will attempt to reply to Rawls's critics in a way which makes a positive contribution to his theory.2. Among the many (...) objections that have been raised against Rawls's theory, two are of paramount importance. It is these two objections I shall attempt to meet. They may be formulated as follows. (shrink)

SOME THINK THAT MORAL REALISTS CANNOT RECOGNIZE THE PRACTICAL OR ACTION-GUIDING CHARACTER OF MORALITY AND SO REJECT MORAL REALISM. THIS FORM OF ANTI-REALISM DEPENDS UPON AN INTERNALIST MORAL PSYCHOLOGY. BUT AN EXTERNALIST MORAL PSYCHOLOGY IS MORE PLAUSIBLE AND ALLOWS THE REALIST A SENSIBLE EXPLANATION OF THE ACTION-GUIDING CHARACTER OF MORALITY. CONSIDERATION OF THE PRACTICAL CHARACTER OF MORALITY, THEREFORE, DOES NOT UNDERMINE AND, INDEED, SUPPORTS MORAL REALISM.

David Lewis (1941-2001) was Class of 1943 University Professor of Philosophy at Princeton University. His contributions spanned philosophical logic, philosophy of language, philosophy of mind, philosophy of science, metaphysics, and epistemology. In On the Plurality of Worlds, he defended his challenging metaphysical position, "modal realism." He was also the author of the books Convention, Counterfactuals, Parts of Classes, and several volumes of collected papers.

The philosophers' tendency to characterize euthanasia in terms of either the right or the responsibility to die is, in some ways, problematic. Stepping outside of the analytic framework, the author draws out the implications of the ethics of Emmanuel Levinas for the euthanasia debate, tracing the way Levinas's position differs not only from the philosophical consensus but also from the theological one. The article shows that, according to Levinas, there is no ethical case for suicide or assisted suicide. Death cannot (...) be assumed or chosen-not only because suicide is a logically and metaphysically contradictory concept but also because in the choice of death ethical responsibility turns into irresponsibility. However, since Levinas holds that one must be responsible to the point of expiation, he can be said to approve certain actions that may have the consequence of hastening death. (shrink)

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Through the philosophies of Bergson and Deleuze, my paper explores a different theory of time. I reconstitute Deleuze’s paradoxes of the past in Difference and Repetition and Bergsonism to reveal a theory of time in which the relation between past and present is one of coexistence rather than succession. The theory of memory implied here is a non-representational one. To elaborate this theory, I ask: what is the role of the “virtual image” in Bergson’s Matter and Memory? Far from representing (...) the simple afterimage of a present perception, the “virtual image” carries multiple senses. Contracting the immediate past for the present, or expanding virtually to hold the whole of memory (and even the whole of the universe), the virtual image can form a bridge between the present and the non-representational past. This non-representational account of memory sheds light not only on the structure of time for Bergson, but also on his concepts of pure memory and virtuality. The rereading of memory also opens the way for Bergsonian intuition to play an intersubjective role; intuition becomes a means for navigating the resonances and dissonances that can be felt between different rhythms of becoming or planes of memory, which constitute different subjects. (shrink)

It is my view that one essential difference between persons and other creatures is to be found in the structure of a person's will. Besides wanting and choosing and being moved to do this or that, men may also want to have certain desires and motives. They are capable of wanting to be different, in their preferences and purposes, from what they are. Many animals appear to have the capacity for what I shall call "first-order desires" or "desires of the (...) first order," which are simply desires to do or not to do one thing or another. No animal other than man, however, appears to have the capacity for reflective self-evaluation that is manifested in the formation of second-order desires. (shrink)

What psychological and philosophical significance should we attach to recent efforts at computer simulations of human cognitive capacities? In answering this question, I find it useful to distinguish what I will call "strong" AI from "weak" or "cautious" AI. According to weak AI, the principal value of the computer in the study of the mind is that it gives us a very powerful tool. For example, it enables us to formulate and test hypotheses in a more rigorous and precise fashion. (...) But according to strong AI, the computer is not merely a tool in the study of the mind; rather, the appropriately programmed computer really is a mind, in the sense that computers given the right programs can be literally said to. (shrink)

David Wiggins; XV*—Weakness of Will Commensurability, and the Objects of Deliberation and Desire, Proceedings of the Aristotelian Society, Volume 79, Issue 1, 1.

David Wiggins; XV*—Weakness of Will Commensurability, and the Objects of Deliberation and Desire, Proceedings of the Aristotelian Society, Volume 79, Issue 1, 1.

David Wiggins; IV*—Moral Cognitivism, Moral Relativism and Motivating Moral Beliefs, Proceedings of the Aristotelian Society, Volume 91, Issue 1, 1 June 1991, P.

David Wiggins; IV*—Moral Cognitivism, Moral Relativism and Motivating Moral Beliefs, Proceedings of the Aristotelian Society, Volume 91, Issue 1, 1 June 1991, P.

David Wiggins; II*—Deliberation and Practical Reason, Proceedings of the Aristotelian Society, Volume 76, Issue 1, 1 June 1976, Pages 29–52, https://doi.org/10.

The dispute between Legal Positivists (eg, Hart) and Natural Lawyers (e.g., Finnis) concerns the existence or otherwise of a necessary (conceptual) connection between law and morality. Legal Positivists such as Hart deny this connection and assert the merely contingent relationship of law and morals. However, it can be demonstrated that implicit in the valid sociological method of concept formation of post‐Austinian Positivists are interpretative or ideal‐typical models of the practical rationality of the legal enterprise which are not, and cannot possibly (...) be, value‐neutral. With particular attention to the work of John Finnis and his incorporation of Weberian and Aristotelian methodological principles, this paper exposes, if not the truth of Natural Law Theory, the impossibility of Legal Positivism. (shrink)

Despite the efforts of Bosanquet, Muirhead, Basch, and many others, it is still frequently stated or implied, in both popular and scholarly literature, that Hegel constructed his philosophy of the State with an eye to pleasing the reactionary and conservative rulers of Prussia in his day, and condoned, supported, and, through his teaching, became partly responsible for some of the most criticized features in “Prussianism” and even of present-day National-Socialism.5 Ijn this article I propose to give reasons for denying that (...) Hegel the man is justly accused of servility to the Prussian Government, and that there is any warrant in the text of his Philosophie des Rechts for the charge that Hegel the philosopher was an exponent of “Prussianism” and “ frightfulness.”. (shrink)

Charles Taylor; X*—The Validity of Transcendental Arguments, Proceedings of the Aristotelian Society, Volume 79, Issue 1, 1 June 1979, Pages 151–166, https://do.

Charles Taylor; X*—The Validity of Transcendental Arguments, Proceedings of the Aristotelian Society, Volume 79, Issue 1, 1 June 1979, Pages 151–166, https://do.

Those who conceive logic as a science have generally favoured one of two alternative conceptions as to what the subject-matter of this science ought to be. On the one hand is the nowadays somewhat old-fashioned-seeming view of logic as the science of judgment, or of thinking or reasoning activities in general. On the other hand is the view of logic as a science of ideal meanings, 'thoughts', or 'propositions in themselves'. There is, however, a third alternative conception, which enjoyed only (...) a brief flowering in the years leading up to the first World War, but whose lingering presence can be detected in the background of more recent ontologising trends in logic, as for example in the 'situation semantics' of Barwise and Perry. This third conception sees logic as a science of special objects called 'Sachverhalte' or 'states of affairs'. A view of this sort is present in simplified form in the works of Meinong, but it received its definitive formulation in the writings of Adolf Reinach, a student of Husserl who is otherwise noteworthy for having anticipated, in a monograph of 1913, large chunks of what later became known as the theory of speech acts.(1). (shrink)

In his book A Theory of Justice, John Rawls introduces and employs the concept of “reflective equilibrium” as a method of testing which of rival moral theories is to be preferred. The introduction of this concept is plainly a significant event for moral philosophy. The criterion by which we decide to reject, say, utilitarianism in favour of a contractual theory of justice is, if anything, even more fundamental than the choice of theory itself, since our choice of moral theory may (...) well be determined by the criterion we use. (shrink)

Emmanuel Levinas' radical heteronomous ethics has received a great deal of scholarly attention. However, his political thought remains relatively neglected. This essay shows how Levinas moves from the anarchical, ethical relationship with the Other to the totalizing realm of politics with his phenomenology of the third person, the Third. With the appearance of the Third, the ego must respond to more than one Other. It must decide whom to respond to first. This decision leads the ego from the an-archical, ethical (...) realm to the realm of politics. Although the Third universalizes the an-archical relationship with the Other into the political realm, it does not supplant the original ethical relationship. Instead, there is a never-ending oscillation between ethics and politics. The world of institutions and impersonal justice must be held in check by the an-archical responsibility for the Other. Levinas calls for both an-archy and justice. (shrink)