In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...) actor's conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

Fichte assigns ‘intellectual intuition’ a new meaning after Kant. But in 1799, his doctrine of intellectual intuition is publicly deemed indefensible by Kant and nihilistic by Jacobi. I propose to defend Fichte’s doctrine against these charges, leaving aside whether it captures what he calls the ‘spirit’ of transcendental idealism. I do so by articulating three problems that motivate Fichte’s redirection of intellectual intuition from being to acting: (1) the regress problem, which states that reflecting on empirical facts of consciousness (...) leads only to further facts and so cannot yield a first principle; (2) the rhapsody problem, which states that the categories form a haphazard set and so lack necessity unless they derive from a first principle; and (3) the nihilism problem, which states that a first principle cannot lie outside our cognition of it, lest it be the cause of our cognition and, being first, the cause of all our actions, reducing us to machines. Crucially, Fichte’s three motivating problems are in fact aspects of a single problem. Leaving any aspect unsolved spoils putative solutions to the other two. Consequently, Fichte requires a single unified solution to all three, which his doctrine of intellectual intuition provides. (shrink)

We often get reason to doubt the reliability of some of our own reasoning. The rational response to such evidence would seem to depend on how reliable one should estimate that reasoning to be. Independence principles constrain that reliability-assessment, to prevent question-begging reliance on the very reasoning being assessed. But this has consequences some find disturbing: can it be rational for an agent to bracket some of her reasons—which she may, after all, be assessing impeccably? So several arguments have been (...) offered against the very idea of an Independence principle. This paper argues that looking closely at these arguments actually strengthens the case for Independence, and yields some guidance in meeting a formidable challenge for Independence-defenders: formulating the principle in an adequate way. (shrink)

This paper argues that the principle of continuity that underlies Benjamin’s understanding of what makes the reality of a thing thinkable, which in the Kantian context implies a process of “filling time” with an anticipatory structure oriented to the subject, is of a different order than that of infinitesimal calculus—and that a “discontinuity” constitutive of the continuity of experience and (merely) counterposed to the image of actuality as an infinite gradation of ultimately thetic acts cannot be the principle (...) on which Benjamin bases the structure of becoming. Tracking the transformation of the process of “filling time” from its logical to its historical iteration, or from what Cohen called the “fundamental acts of time” in Logik der reinen Erkenntnis to Benjamin’s image of a language of language (qua language touching itself), the paper will suggest that for Benjamin, moving from 0 to 1 is anything but paradoxical, and instead relies on the possibility for a mathematical function to capture the nature of historical occurrence beyond paradoxes of language or phenomenality. (shrink)

This paper explores how transformative experience generates decision-making problems of particular seriousness in medical settings. Potentially transformative experiences are especially likely to be encountered in medicine, and the associated decisions are confronted jointly by patients and clinicians in the context of an imbalance of power and expertise. However in such scenarios the principle of informed consent, which plays a central role in guiding clinicians, is unequal to the task. We detail how the principle’s assumptions about autonomy, rationality and (...) information handle transformative experiences poorly, appealing to several difficult cases for medical decision-making to illustrate the resulting problem, and we consider how the existing literature on complications with consent fails to offer a resolution. We argue that recognition of the problem has a role to play in achieving a more effective response to transformative decisions. In Sect. 1 we introduce several representative cases of challenging patient decision-making that clinicians might face. In Sect. 2 we detail how transformative experience has been analysed in the recent literature, before outlining in Sect. 3 the theoretical basis of the principle of informed consent, which plays a central role in how clinicians are expected to support decision-making. In Sect. 4, having laid the groundwork for a clear description, we return to the cases given in Sect. 1 to confirm how their transformative nature presents a problem: either clinicians treat the decisions faced by these patients as ‘normal’, encouraging them to focus on information provision that patients may be unable to act on, or they treat them as transformative, in which case they lack the resources to recognise whether they are helping patients make (subjectively) good decisions. In Sect. 5 we argue that the existing literature does not offer any escape from this problem. We close in Sect. 6 by noting the significant impact that appreciating the problem of transformative experience could have on supporting transformative decisions in medicine and briefly suggesting how we might aim to develop new approaches to dealing with these. (shrink)

Autoinhibition is a design principle realized in many molecular mechanisms in biology. After explicating the notion of a design principle and showing that autoinhibition is such a principle, we focus on how researchers discovered instances of autoinhibition, using research establishing the autoinhibition of the molecular motors kinesin and dynein as our case study. Research on kinesin and dynein began in the fashion described in accounts of mechanistic explanation but, once the mechanisms had been discovered, researchers discovered that (...) they exhibited a second phenomenon, autoinhibition. The discovery of autoinhibition not only reverses the pattern in terms of which philosophers have understood mechanism discovery but runs counter to the one phenomenon-one mechanism principle assumed to relate mechanisms and the phenomena they explain. The ubiquity of autoinhibition as a design principle, therefore, necessitates a philosophical understanding of mechanisms that recognizes how they can participate in more than one phenomenon. Since mechanisms with this design are released from autoinhibition only when they are acted on by control mechanisms, we advance a revised account of mechanisms that accommodates attribution of multiple phenomena to the same mechanism and distinguishes them from other processes that control them. (shrink)

What is a speech act, and what makes it count as one kind of speech act rather than another? In the target article, Geurts considers two ways of answering these questions. His opponent is intentionalism—the view that performing a speech act is a matter of acting with a communicative intention, and that speech acts of different kinds involve intentions to affect hearers in different ways. Geurts offers several objections to intentionalism. Instead, he articulates and defends an admirably clear and (...) resolute version of the view that performing a speech act is a matter of undertaking a social commitment. Different kinds of speech acts, on his view, involve social commitments of different kinds. My aim is to respond to Geurts on behalf of intentionalism. I’ll argue that his objections aren’t all that worrying (Section 3), that Geurts’ view suffers from some quite serious problems that intentionalists don’t face (Section 4), and that intentionalists can give a principled account of the ways that speech acts give rise to commitments (Section 5). First I will spell out the two opposing views (Sections 1–2). (shrink)

When I think that I am now thinking about a rose, are there two mental acts present in the intellect at once, the one direct (about the rose) and the other reflex (about the thought about the rose)? According to a generally accepted principle in medieval psychology, a given mental power cannot have or elicit multiple mental acts at the same time. Hence, many medieval thinkers were unwilling to admit that during such a case of mental reflection there are (...) two acts present in the mind. In this paper, I will look at two theories about mental reflection. According to John Pouilly (1312), during a case of mental reflection there is just one act present in the mind. However, this one act is somehow identical with the direct mental act about the rose that immediately preceded it. If it were not identical with this act, then the sentence "I am thinking that I am thinking about a rose" would be false, since in order for this sentence to be true the direct mental act of thinking about the rose must be present with the reflex mental act of thinking about that act, either as a distinct act, or as somehow identical with it. According to John Baconthorpe (ca. 1325), such a view fails, for even if the reflex mental act were somehow identical with the direct mental act that immediately preceded it, still we would have to admit that it does not coexist with it. On his view, what is sufficient here is that the direct mental· act exist merely as a kind of represented object. Hence, for Baconthorpe, when I think that I am thinking about a rose, there is just one act present in the mind, and this one act has as its content another distinct act (the direct act). However, the direct act does not really exist at the same time as it, although it is represented as if it did. (shrink)

Kant clearly endorses some version of the ‘old formula of the schools’, according to which all volition is sub ratione boni. There has been a debate whether he holds this only for morally good actions. I argue that a closer look at the distinction between the good and the agreeable does not support this conclusion. Considering Kant’s account of the detrimental and the correct use of this thesis, I argue that rational beings always will sub ratione boni, even when they (...) act immorally, because they act on principles. I argue that Kant’s accounts of self-love and self-conceit support this view. (shrink)

In this essay, “The Principle of Autonomy in Kant’s Moral Theory: Its Rise and Fall,” Pauline Kleingeld notes that Kant’s Principle of Autonomy, which played a central role in both the Groundwork for the Metaphysics of Morals and the Critique of Practical Reason, disappeared by the time of the Metaphysics of Morals. She argues that its disappearance is due to significant changes in Kant’s political philosophy. The Principle of Autonomy states that one ought to act as if (...) one were giving universal laws through one’s maxims. The criterion of just legislation that Kant accepted in the mid-1780s does not require any actual consent on the part of the citizens—genuine universality is sufficient for a law to be just. Hence, at that time, Kant could indeed explicate the criterion governing the moral permissibility of one’s maxims by drawing an analogy with the criterion governing the justice of political laws. In the Metaphysics of Morals and in other works in the 1790s, however, he added the further condition that laws must be given with the consent of the citizens. With this further condition, the moral criterion was no longer fully analogous to the criterion for political laws being just. Accordingly, Kleingeld argues, Kant dropped the Principle of Autonomy, which was firmly based on that analogy. (shrink)

Predictive processing theories are increasingly popular in philosophy of mind; such process theories often gain support from the Free Energy Principle (FEP)—a nor- mative principle for adaptive self-organized systems. Yet there is a current and much discussed debate about conflicting philosophical interpretations of FEP, e.g., repre- sentational versus non-representational. Here we argue that these different interpre- tations depend on implicit assumptions about what qualifies (or fails to qualify) as representational. We deploy the Free Energy Principle (FEP) instrumentally (...) to dis- tinguish four main notions of representation, which focus on organizational, struc- tural, content-related and functional aspects, respectively. The various ways that these different aspects matter in arriving at representational or non-representational interpretations of the Free Energy Principle are discussed. We also discuss how the Free Energy Principle may be seen as a unified view where terms that tradition- ally belong to different ontologies—e.g., notions of model and expectation versus notions of autopoiesis and synchronization—can be harmonized. However, rather than attempting to settle the representationalist versus non-representationalist debate and reveal something about what representations are simpliciter, this paper demon- strates how the Free Energy Principle may be used to reveal something about those partaking in the debate; namely, what our hidden assumptions about what represen- tations are—assumptions that act as sometimes antithetical starting points in this persistent philosophical debate. (shrink)

Do plants represent according to Kant? This is closely connected to the question of whether he held plants are alive, because he explains life in terms of the faculty to act on one’s own representations. He also explains life as having an immaterial principle of self-motion, and as a body’s interaction with a supersensible soul. I argue that because of the way plants move themselves, Kant is committed to their being alive, to their having a supersensible ground of their (...) self-activity, and to their having desires (although these are not conscious). This has important ramifications for Kant’s teleology and philosophy of mind. (shrink)

A book chapter (about 9,000 words, plus references) presenting an act-consequentialist approach to the ethics of climate change. It begins with an overview of act consequentialism, including a description of the view’s principle of rightness (an act is right if and only if it maximizes the good) and a conception of the good focusing on the well-being of sentient creatures and rejecting temporal discounting. Objections to act consequentialism, and replies, are also considered. Next, the chapter briefly suggests that act (...) consequentialism could reasonably be regarded as the default moral theory of climate change, in the sense that a broadly act-consequentialist framework often seems implicit in both scholarly and casual discussions of the ethics of climate change. The remainder of the chapter explores three possible responses to the threat of climate change: having fewer children to reduce the number of people emitting greenhouse gases; taxing greenhouse-gas (GHG) emissions (commonly called a “carbon tax”) to discourage GHG-emitting behavior; and reducing poverty to lessen personal, familial, and community vulnerability to the harms of climate change. (shrink)

According to Kant, if an agent acts according to his/her conscience, then s/he has done all that s/he ought as far as morality is concerned. But Kant thinks that agents can be mistaken in their subjective determinations of their duties. That is, Kant thinks it is possible for an agent to believe that some action X is right even though it is an objective truth that X is not right; according to Kant, agents do not have infallible knowledge of right (...) and wrong. In this paper, I explore this doctrine in order to determine whether it is defensible. In particular, I confront the blameworthiness of acting contrary to fallible knowledge and the blamelessness of acting according to fallible judgment. (shrink)

Aiming at the allocation of scarce medical resources, Immanuel and other scholars have put forward a set of influential ethical values and guiding principles. It assigns the priority of resource allocation to those whose lives can be saved and maximized, those who can bring the greatest instrumental value, and those who are the worse off. For other members of society, random selection under the same conditions is adopted. Following the Rawlsian "lexical order, lexicographical" rule, this priority arrangement requires that the (...) "utilitarian principle" should be placed before the "equality principle", and the "instrumental difference principle", the "integrity difference principle" and the "fair opportunity principle" in turn acts on specific distribution agents. Although the framework and its priority rules have obvious drawbacks when faced with Medical Resources Squeeze and other dilemmas, with the help of an understanding of its internal structure, it can effectively respond to the four core issues in the allocation of scarce medical resources. (shrink)

English-speaking research on morally right decisions in a healthcare context over the past three decades has been dominated by two major perspectives, namely, the Four Principles, of which the principle of respect for autonomy has been most salient, and the ethic of care, often presented as a rival to not only a focus on autonomy but also a reliance on principles more generally. In my contribution, I present a novel ethic applicable to bioethics, particularly as it concerns human procreation, (...) that I argue is a promising alternative to these two approaches. According to this new moral theory, an act is right just insofar as it treats people’s capacity to commune with respect, where communing is a matter of identifying with others and exhibiting solidarity with them. This ethic is inspired by relational ideals of communion and harmony from the African philosophical tradition, but is shown to be attractive to a broad, indeed global, audience, with regard to its implications for the morality of reproduction. (shrink)

The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an (...) interpretation of the principle of fair play that emphasizes its similarities to another transactional principle: consent. This interpretation reveals that playing fair requires one to reciprocate specifically by following the rules of the cooperative scheme from which one benefits, just as consent requires one to act according to the terms of an agreement. I then draw on the comparison with consent to reply to some popular and persistent objections to the principle. (shrink)

I argue that physicians can save women from life-threatening pregnancies by performing a craniotomy, placentectomy, or salpingotomy without intending death or harm. To support this conclusion, I defend the relevance thesis about intentions (a person intends X only if X explains the action). I then criticize the identity thesis (if a person intends X and knows that X is identical to Y then the person intends Y) and three mistakenly strict moral principles: (1) one may not intend something that is (...) a serious harm for an innocent person, (2) one may not intend to terminate pregnancy before viability, and (3) one may not act on a person’s body in a harmful way in order to benefit another person. (1) would prohibit procuring organs from living donors, (2) would prohibit treating hepatic pregnancies and other ectopic pregnancies, and (3) would prohibit procuring organs from living donors and performing many prenatal surgeries. (shrink)

Good governance, first appeared in the nineties within the United Nations, the World Bank and International Monetary Fund refers to describe how public organizations best conduct public affairs and deliver public goods and services. Today, about three decades later good governance seems to be still popular since there are still many challenges ahead for many governments especially in less-developed and developing countries. Hence the notion of good governance was emerged as a normative commencement of the principles, values and ethics to (...) realise the acts of governance. Some thoughts on good governance and related topics advocated by three great ancient philosophers, who appear to be relevant at the present time are considered herein. One of the said philosophers is Kautilya (also known as Chanakya and Vishnugupta), who lived in India around 150AD. The others are the two great Greek philosophers Plato (427- 347BC) and Aristotle (384-322 BC), who stand with Socrates as the shapers of the whole intellectual tradition of the West. The thoughts are extracted from that detailed manual of state-craft and the science of living known as the Arthashastra written by one of classical India’s greatest minds Kautilya, Plato’s great work known as ‘The Republic’ and Aristotle’s treatise titled ‘The Politics”. The objective of this paper is to study the thoughts of ancient Greek philosophers who lived many centuries ago and their ideas are still relevant today. (shrink)

Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on the aggressive (...) side to use military violence against soldiers defending the victim state. Non-state actors, in contrast, have to fulfill more stringent requirements. If they do not, then even their attacks on military personnel can properly be called "terrorist." In the following I will argue that Finlay’s attempt to show the importance of the legitimate authority criterion of just war theory and to demonstrate that non-state violence has to satisfy heavier burdens of justification than state violence fails for a number of reasons: his claim that defenders would wrong victims if they defended them against their will is mistaken, he overlooks the fact that non-state agents need not claim to fight on someone’s behalf, the full moral authority he mentions is redundant, the powers he ascribes to “Lesser Moral Authority” are, depending on interpretation, either morally irrelevant or nonexistent, and his claim that granting states “Lesser Moral Authority” is beneficial from a “moral pragmatic” point of view while granting the same authority to non-state actors is not, is unwarranted. (shrink)

Determinism which denies freedom of action is a common philosophical view. Is the action of such determinists incompatible with Kant’s claim that a rationally willed being “cannot act otherwise than under the idea of freedom” [G 4, 448]? In my paper, I examine Kant’s argument for this claim at the beginning of the Third Section of the Groundwork and argue that it amounts to the assertion that one cannot act while being aware of being guided by invalid principles. Belief in (...) determinism does not necessarily amount to such awareness. A structurally similar argument based on the contrast between deliberation and prediction is examined and similarly found wanting. (shrink)

This essay concerns Heidegger’s assertion that the biography of the poet is unimportant when interpreting great works of poetry. I approach the question in three ways. First, I consider its merits as a principle of literary interpretation and contrast Heidegger’s view with those of other Trakl interpreters. This allows me to clarify his view as a unique variety of non-formalistic interpretation and raise some potential worries about his approach. Second, I consider Heidegger’s view in the context of his broader (...) philosophical project. Viewed this way, Heidegger’s decision to neglect the poet’s biography seems quite reasonable and consistent with his inquiry into the being of language. Finally, I consider Heidegger’s suggestion that Trakl is a kind of mad genius. I recast this paradigmatic figure in terms of what I call the ‘wretched prophet’ and consider some ways in which its appeal sheds light on the crisis of modernity and the aestheticization of politics. (shrink)

If you ought to perform a certain act, and some other action is a necessary means for you to perform that act, then you ought to perform that other action as well – or so it seems plausible to say. This transmission principle is of both practical and theoretical significance. The aim of this paper is to defend this principle against a number of recent objections, which (as I show) are all based on core assumptions of the view (...) called actualism. I reject actualism, provide an alternative explanation of its plausible features, and present an independent argument for the transmission principle. (shrink)

In the 2000s, Turkey began to increase its efforts to transform from a model country to a central country by implementing an active foreign policy in its geopolitical region and neighboring regions. Starting from the 2000s, Turkey defined new principles guiding its foreign policy and implemented the strategies it followed. In addition to the basic foreign policy principles of Turkey in the regional and global arena, principles such as multi-vector diplomacy, proactive foreign policy, “zero problem” with neighboring countries, transition from (...) a “model country” to a “central country”, “soft power”, economic-centered foreign policy applied. At the beginning of the 21st century, Turkey increased its efforts to act as a voice in the region and emerged as a regional power. Taking a principled position, it began to actively participate in regional and international projects, geopolitical processes and solving global issues. During the rule of the Justice and Development Party (ADP), Turkey is implementing foreign policy principles based on the theory of neo-Ottomanism (New Ottomanism) founded in the 1990s, and is still pursuing the policy of spreading its sphere of influence and geopolitical influence in neighboring regions. (shrink)

According to the Thomistic tradition, the Principle of Totality (TPoT) articulates a secondary principle of natural law which guides the exercise of human ownership or dominium over creation. In its general signification, TPoT is a principle of distributive justice determining the right ordering of wholes to their parts. In the medical field it is traditionally understood as entailing an absolute prohibition of bodily mutilation as irrational and immoral, and an imperfect obligation to use the parts of one’s (...) body for the perfection of the bodily whole. TPoT is thus a key element of the system of principles within which an individual exercises her right to life: it helps specify the nature, scope and limits of those actions by which an agent permissibly acts in order to preserve her life. While the Thomistic tradition and the Catholic Church have drawn clear conclusions from the principle regarding, e.g., direct sterilization and non-therapeutic experimentation on human subjects, less attention has been given to the implications of TPoT for non-therapeutic procedures that may positively impact biological functioning or supra-biological goals–that is, for human “enhancement.” We will explore the degree to which TPoT non-univocally guides our use of both artifacts and bodies. We will argue that a careful analysis of these distinct kinds of totalities suggests that the application of TPoT to artifacts and bodies is strongly isomorphic, which is what tempts advocates of the Principle of Autonomy to invalidly infer the absolute dominium of the individual over her body. The inference is invalid because this isomorphism also includes a principle of intrinsic value whose function is to resist the instrumentalization of both artifacts and bodies in some contexts; we are not even related to artifacts as advocates of absolute autonomy believe we are, let alone to our bodies. Rather, the limits of human dominium are determined by the nature and finalities, inherent or acquired, of the objects in question, and it will be argued that articulating these limits raises important, understudied, and fascinating questions about the permissibility of various kinds of human enhancement. (shrink)

This is the text of a paper (along with appendixes) delivered at the 2019 annual meeting of the Minnesota Philosophical Society on Oct 26 in Cambridge, MN. -/- Beauchamp and Childress’s “Four Principles” (or “Principlism”) approach to bioethics has become something of a standard not only in bioethics classrooms and journals, but also within medicine itself. In this teaching-focused workshop, I’ll be doing the following: (1) Introducing the basics of the “Four Principles” approach, with a special focus on its relation (...) to the common morality and the importance to weighing and balancing of competing norms. (2) Comparing and contrasting this to other potential approaches, such as those provided by virtue ethics, act utilitarianism, casuistry, and competing versions of principles-based ethics. (3) Considering the ways in which the principles-based approach can best be implemented for lower-level, introductory bioethics classes, where the average student may have little background knowledge in either philosophy or medicine. I’ll be presenting sample activities, case studies, and lesson plans. There will be considerable time reserved for discussion at the end, so that participants can exchange ideas relating to the teaching of both bioethics and other varieties of applied ethics. (shrink)

This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that Quong’s (...) view generates counter-intuitive results. Second, I argue that cases of harmful omissions raise problems for Quong’s claim that intentions are irrelevant to permissibility. Third, I consider Quong’s extension of the means principle to include uses of persons’ rightfully-owned property. I suggest that, contra Quong, the morality of defensive harm is not based on a prior account of distributive justice. Instead the two normative domains mutually inform one another. (shrink)

One prominent strand in contemporary moral particularism concerns the claim of "principle abstinence" that we ought not to rely on moral principles in moral judgment because they fail to provide adequate moral guidance. I argue that moral generalists can vindicate this traditional and important action-guiding role for moral principles. My strategy is to argue, first, that, for any conscientious and morally committed agent, the agent's acceptance of (true) moral principles shapes their responsiveness to (right) moral reasons and, second, that (...) if so, then those principles can contribute non-trivially to some reliable strategy for acting well that is available for use in the agent's practical thinking. My defense of these two claims appeals to an account of moral principles as a kind of hedged principles which I defend elsewhere, but my general line of argument should be acceptable to many other forms of generalism as well. I defend the epistemic significance of hedged principles in moral deliberation, and argue that the need for sensitivity to particulars in moral judgment doesn't supplant principles in moral guidance. I finish by arguing that the generalist model of moral guidance developed here isn't undermined by evidence from cognitive science about how we make moral judgments in actual practice, and that it compares favorably to particularism with respect to its capacity to offer adequate moral guidance. (shrink)

This paper argues that Wolff’s rejection of Leibnizian monads is rooted in a disagreement concerning the general notion of substance. Briefly, whereas Leibniz defines substance in terms of activity, Wolff retains a broadly scholastic and Cartesian conception of substance as that which per se subsists and sustains accidents. One consequence of this difference is that it leads Wolff to interpret Leibniz’s concept of a constantly striving force as denoting a feature of substance separate from its static powers, and not as (...) their replacement. For Wolff, powers are essential possibilities of acting in subjects suited for independent existence. Force is a further ingredient that provides a reason for the contingent operation of powers. Unlike Leibniz, Wolff conceives force narrowly as a principle of actuality, which he calls the nature of substance, as distinct from its principle of possibility, or essence. (shrink)

You are creditworthy for φ-ing only if φ-ing is the right thing to do. Famously though, further conditions are needed too – Kant’s shopkeeper did the right thing, but is not creditworthy for doing so. This case shows that creditworthiness requires that there be a certain kind of explanation of why you did the right thing. The reasons for which you act – your motivating reasons – must meet some further conditions. In this paper, I defend a new account of (...) these conditions. On this account, creditworthiness requires that your motivating reasons be normative reasons, and that the principles from which you act match normative principles. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by (...) the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

Austin's distinction between locutionary and illocutionary acts has offered a fruitful way of focussing the relation between language and communication. In particular, by adopting the distinction we attend to linguistic and communicative subjects as actors, not just processors or conduits of information. Yet in many attempts to explicate the constitution of illocutionary acts the subject as actor is subsumed within the role of linguistic rules or conventions. I propose an account of illocutionary acts in which rules or conventions are secondary (...) to what I call communicative skills. These skills are taken as the primary component of communicative competence. They are derived from the principle that linguistic communication is not ultimately a linguistic matter, but relates instead to the way a communicator uses language. This principle is found in the work of Donald Davidson, but Davidson has tended to concentrate on semantics, and leaves the details of linguistic communication for pragmatics. The aim of this paper is to defend the general principle and supply some pragmatic details. (shrink)

According to Popper's rationality principle, agents act in the most adequate way according to the objective situation. I propose a new interpretation of the rationality principle as consisting of an idealization and two abstractions. Based on this new interpretation, I critically discuss the privileged status that Popper ascribes to it as an integral part of all social scientific models. I argue that as an idealization, the rationality principle may play an important role in the social sciences, but (...) it also has inherent limitations that inhibit it from having the privileged status that Popper ascribes to it in all cases. (shrink)

This paper formulates a bilateral account of harmony that is an alternative to one proposed by Francez. It builds on an account of harmony for unilateral logic proposed by Kürbis and the observation that reading the rules for the connectives of bilateral logic bottom up gives the grounds and consequences of formulas with the opposite speech act. I formulate a process I call 'inversion' which allows the determination of assertive elimination rules from assertive introduction rules, and rejective elimination rules from (...) rejective introduction rules, and conversely. It corresponds to Francez's notion of vertical harmony. I also formulate a process I call 'conversion', which allows the determination of rejective introduction rules from assertive elimination rules and conversely, and the determination of assertive introduction rules from rejective elimination rules and conversely. It corresponds to Francez's notion of horizontal harmony. The account has a number of features that distinguish it from Francez's. (shrink)

In this article, I argue that the principle of benevolence occupies a unique place in moral theory where duty and emotion both have equal importance, and moral philosophers generally are divided into two camps regarding the role of emotion in morality. Kant clarifies his position while introducing the deontic notion of benevolence. He only regards the moral value in which the duty of benevolence has been performed with ‘good will’. Some defenders of Kant’s ethics are Herman, McMurray, Meyers, and (...) Tannenbaum who argue that acting purely based on duty is far more superior to acting from emotions. On the other hand, several contemporary theorists such as Bernard Williams, Blum, Oakley, Stocker, Stohr, Foot, Korsgaard, Hursthouse, and Sherman refute Kant’s views towards emotion in the domain of morality. Following this Kantian and Non-Kantian debate, this article aims to explore the role of emotion and rationality in the moral context of benevolence. (shrink)

The consensus is that in his 1755 Nova Dilucidatio, Kant endorsed broadly Leibnizian compatibilism, then switched to a strongly incompatibilist position in the early 1760s. I argue for an alternative, incompatibilist reading of the Nova Dilucidatio. On this reading, actions are partly grounded in indeterministic acts of volition, and partly in prior conative or cognitive motivations. Actions resulting from volitions are determined by volitions, but volitions themselves are not fully determined. This move, which was standard in medieval treatments of free (...) choice, explains why Kant is so critical of Crusius’s version of libertarian freedom: Kant understands Crusius as making actions entirely random. In defense of this reading, I offer a new analysis of the version of the principle of sufficient reason that appears in the Nova Dilucidatio. This principle can be read as merely guaranteeing grounds for the existence of things or substances, rather than efficient causes for states and events. As such, the principle need not exclude libertarian freedom. Along the way, I seek to illuminate obscure aspects of Kant’s 1755 views on moral psychology, action theory, and the threat of theological determinism. (shrink)

This paper argues that ability to do otherwise (in the compatibilist sense) at the moment of initiation of action is a necessary condition of being able to act at all. If the argument is correct, it shows that Harry Frankfurt never provided a genuine counterexample to the 'principles of alternative possibilities' in his 1969 paper ‘Alternate Possibilities and Moral Responsibility’. The paper was written without knowledge of Frankfurt's paper.

We typically have to act under uncertainty. We can be uncertain about the relevant descriptive facts, but also about the relevant normative facts. However, the search for a theory of decision-making under normative uncertainty is doomed to failure. First, the most natural proposal for what to do given normative uncertainty faces two devastating problems. Second, the motivations for wanting a theory of what to do given descriptive uncertainty do not carry over to normative uncertainty. Descriptive facts may be inaccessible even (...) in principle, and ignorance of them excuses one from blame, but normative facts are in principle accessible, and ignorance of them arguably is no excuse. Normative facts differ from descriptive facts: normative facts affect what we ought to do no matter what, while descriptive facts affect what we ought to do only insofar as we are aware of them. (shrink)

The study ties in with former considerations concerning the problem of phenomenal perception of higher animals. Accordingly the phenomenal character results from the adjustment of perceptions to (species-specific) behavioral dispositions under the principle of self-preservation: an emergence phenomenon provided by the constitutive system unity of perception, valuation and behavior, here named as perc-val-act-system. Thereby the subject of the behavior can be emergentistly explained as an emergent instance of the – systems-theoretically highest rank – perc-val-act-level. In terms of the (...) class='Hi'>principle of self-preservation all sensations are submitted to a valuation. Perception thus gaining existential sense for the subject, a phenomenal-mental sense-dimension is spanned out which as such does not own physical but ideal character: Accordingly the ontological basis of this view is the lawfulness of nature, understood as the ideal essence underlying it. In virtue of this – basically Hegelian-type idealistic – conception the physical being of nature always includes the possibility of phenomenal-mental being, because of the implicit ideality of nature itself. (shrink)

Some philosophers think that knowledge or justification is both necessary and sufficient for rational action: they endorse knowledge-action or justification-action biconditionals. This paper offers a novel, metaphysical challenge to these biconditionals, which proceeds with a familiar question: What depends on what? If you know that p iff it is rational for you to act on p, do you know that p partly because it is rational for you to act on p, or is it rational for you to act on (...) p partly because you know that p? And a structurally similar question can be asked regarding justification-action biconditionals. I argue that proponents of these biconditionals cannot give a satisfactory answer to these questions. This is because each direction of these biconditionals strongly supports an opposite order of explanation to the one that is supported by the other direction. Given the traditional assumption that metaphysical explanations—even partial ones—are asymmetric, I argue that these biconditionals should be rejected. While knowledge might be necessary for rational action, and it might be sufficient, it cannot be both. And the same goes for justification. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

The term action of consciousness is used to refer to an influence, such as psychokinesis or free will, that produces an effect on matter that is correlated to mental intention, but not completely determined by physical conditions. Such an action could not conserve energy. But in that case, one wonders why, when highly accurate measurements are done, occasions of non-conserved energy (generated perhaps by unconscious PK) are not detected. A possible explanation is that actions of consciousness take place within the (...) limits of the uncertainty principle. Two models are reviewed that, using the latter assumption, propose that consciousness can originate an action potential in the brain. One (that of Eccles) uses the latter assumption only, and the other (that of Burns) additionally assumes that consciousness acts, within those limits, by ordering quantum fluctuations. (shrink)

In “Reasons to Believe and Reasons to Act,” Stewart Cohen argues that balance of reasons accounts of rational action get the wrong results when applied to doxastic attitudes, and that there are therefore important differences between reasons to believe and reasons to act. In this paper, I argue that balance of reasons accounts of rational action get the right results when applied to the cases that Cohen considers, and that these results highlight interesting similarities between reasons to believe and reasons (...) to act. I also consider an argument for Cohen's conclusion based on the principle that Adler, Moran, Shah, Velleman and others call “transparency.” I resist this argument by explaining why transparency is itself doubtful. (shrink)

Wang Yangming’s doctrine of the “unity of knowing and acting” (zhi xing heyi 知行合一) can be traced back to Mencius’s theory of “original knowing” (liangzhi 良知). Similarly, Kant discussed the relationship of theory to practice on three different levels (morality, the law of the state, and international law) in his article, “On the Common Saying: This May Be True in Theory, But It Does Not Apply in Practice.” Kant proposed the unity of theory and practice on the level of (...) morality. So, this article uses Kant’s related concepts of theory and practice to interpret Wang’s doctrine of the “unity of knowing and acting” with the aim of clarifying some misinterpretations of it. Thereby, I argue that, although Wang Yangming put forward the doctrine of “the unity of knowing and acting” at a different time than his doctrines of “heart-mind is principle” (xin ji li 心即理) and “the extension of original knowing” (zhi liangzhi 致良知), these three doctrines are logically interconnected. (shrink)

Food and beverage firms are frequently criticised for their impact on the spread of non-communicable diseases like obesity and diabetes type 2. In this article we explore under what conditions the sales and marketing of unhealthy food and beverage products is irresponsible. Starting from the notion of ordinary morality we argue that firms have a duty to respect people’s autonomy and adhere to the principle of non-maleficence in both market and non-market environments. We show how these considerations are relevant (...) when thinking about immoral behaviour in the food and beverage industry, and identify under what conditions sales and marketing of unhealthy foods and beverages to adults and children is wrong. Based on this analysis we argue that firms should take into account: whether consumers are able to identify manipulative marketing, the degree of manipulation, as well as the negative impact a product has on health. We hold that for the food industry to act responsible it should re-evaluate the marketing of unhealthy products to adults and refrain from marketing to children. We conclude this study by making several recommendations on how the food industry should interact with consumers and highlight what changes need to be made in corporate practice. (shrink)

The aim of this paper is twofold: First, we present and develop a system of logic for pragmatics including the act of denial. Second, we analyse in our framework the so-called paradox of assertability. We show that it is possible to yield sentences that are not assertable. Moreover, under certain conditions, a symmetric result can be obtained: There is a specular paradox of deniability. However, this paradox is based on the problematic principle of classical denial equivalence.

In this paper I address an important question in Aristotle’s biology, What are the causal mechanisms behind the transmission of biological form? Aristotle’s answer to this question, I argue, is found in Generation of Animals Book 4 in connection with his investigation into the phenomenon of inheritance. There we are told that an organism’s reproductive material contains a set of "movements" which are derived from the various "potentials" of its nature (the internal principle of change that initiates and controls (...) development). These movements, I suggest, function as specialized vehicles for communicating the parts of the parent’s heritable form during the act of reproduction. After exploring the details of this mechanism, I then take up Aristotle’s theory of inheritance proper. At the heart of the theory are three general principles (or 'laws') that govern the interactions between the maternal and paternal movements, the outcome of which determines the pattern of inheritance for the offspring. Although this paper is primarily aimed at providing a detailed analysis of Aristotle’s account of inheritance, the results of that analysis have implications for other areas of Aristotle’s biology. One of the most interesting of these is the question of whether Aristotle’s biology is anti-evolutionary (as traditionally assumed) or whether (as I argue) it leaves room for a theory of evolution by natural selection, even if Aristotle himself never took that step. (shrink)

Consequentialist positions in philosophy spell out normative notions by recourse to final aims. Hedonistic versions of ETHICAL consequentialism spell out what is MORALLY right/justified via recourse to the aim of increasing pleasure and decreasing pain. Veritistic versions of EPISTEMIC consequentialism spell out what is EPISTEMICALLY right/justified via recourse to the aim of increasing the number of true beliefs and decreasing the number of false ones. Even though these theories are in many respects structurally analogous, there are also interesting disanalogies. For (...) example, popular versions of epistemic consequentialism implicitly endorse the truth-indication principle (which claims that a belief is epistemically justified only if there are factors indicating that the belief itself is true), whereas popular versions of ethical consequentialism do not subscribe to an analogous pleasure-indicating principle (which claims that an act is morally justified only if there are factors indicating that performing the act itself is pleasurable). In a first step I will argue that this difference rests on the fact that plausible versions of epistemic consequentialism have to meet certain constraints, which versions of ethical consequentialism do not have to satisfy. As these constraints can be easily met by incorporating the truth-indication principle, epistemic consequentialists tend to subscribe to it. In a second step I will investigate whether the identified constraints can also be met independent from the truth-indication principle. Are there plausible versions of veritistic epistemic consequentialism that reject the principle, thereby allowing that some beliefs can be epistemically justified even though no factors speak in favor of their truth? Building on ideas put forward by Ludwig Wittgenstein, Crispin Wright, and others, I will answer this question affirmatively. (shrink)

Utilitarianism has often been understood as a theory that concerns itself first and foremost with the rightness of actions; but many other things are also properly subject to moral evaluation, and utilitarians have long understood that the theory must be able to provide an account of these as well. In a landmark article from 1976, Robert Adams argues that traditional act utilitarianism faces a particular problem in this regard. He argues that a on a sensible utilitarian account of the rightness (...) of an agent’s motives, right motives will sometimes conflict with right actions, leaving the theory internally incoherent. The puzzle Adams raises has received a good deal of attention but few proposed solutions. Fred Feldman, however, has offered a solution that seems to be gaining adherents. In this paper I argue that Feldman’s approach cannot succeed. At bottom, it relies on a version of the principle that ‘ought’ implies ‘can’—and subsequently an account of an agent’s alternatives—that is far too restrictive to be plausible. Despite the failure of this solution, however, I argue that the conflict Adams develops is not as theoretically troubling as he suggests. While traditional act utilitarianism may fail for other reasons, it will not fail due to the conflict between acts and motives. (shrink)

Can an agent deliberating about an action A hold a meaningful credence that she will do A? 'No', say some authors, for 'Deliberation Crowds Out Prediction' (DCOP). Others disagree, but we argue here that such disagreements are often terminological. We explain why DCOP holds in a Ramseyian operationalist model of credence, but show that it is trivial to extend this model so that DCOP fails. We then discuss a model due to Joyce, and show that Joyce's rejection of DCOP rests (...) on terminological choices about terms such as 'intention', 'prediction', and 'belief'. Once these choices are in view, they reveal underlying agreement between Joyce and the DCOP-favouring tradition that descends from Ramsey. Joyce's Evidential Autonomy Thesis (EAT) is effectively DCOP, in different terminological clothing. Both principles rest on the so-called 'transparency' of first-person present-tensed reflection on one's own mental states. (shrink)