This article invokes the idea of personhood (which it takes to be at the heart of Afrocommunitarian morality) to give an account of corrective/rectification justice. The idea of rectification justice by Robert Nozick is used heuristically to reveal the moral-theoretical resources availed by the idea of personhood to think about historical injustices and what would constitute a meaningful remedy for them. This notion of personhood has three facets: (1) a theory of moral status/dignity, (2) an account of (...) historical conditions and (3) the achievement of moral excellence by the agent (personhood). This article argues that a just society is a function of (1) and (2), and it further argues that the aim of rectification justice is to correct these two facets of a society, which are necessary for (3) to be possible. The aim of correcting history just is to make personhood a possibility for all humanity, particularly of those who were victims of past injustices. (shrink)

If we were required to sacrifice our own interests whenever doing so was best overall, or prohibited from doing so unless it was optimal, then we would be mere sites for the realisation of value. Our interests, not ourselves, would wholly determine what we ought to do. We are not mere sites for the realisation of value — instead we, ourselves, matter unconditionally. So we have options to act suboptimally. These options have limits, grounded in the very same considerations. Though (...) not merely such sites, you and I are also sites for the realisation of value, and our interests (and ourselves) must therefore sometimes determine what others ought to do, in particular requiring them to bear reasonable costs for our sake. Likewise, just as my moral status grounds a requirement that others show me appropriate respect, so must I do to myself. (shrink)

Moral latitude is only ever a matter of coincidence on the most popular decision procedure in the literature on moral uncertainty. In all possible choice situations other than those in which two or more options happen to be tied for maximal expected choiceworthiness, Maximize Expected Choiceworthiness implies that only one possible option is uniquely appropriate. A better theory of appropriateness would be more sensitive to the decision maker’s credence in theories that endorse agent-centred prerogatives. In this paper, we (...) will develop and defend a modified version of this view that allows for agent-centred prerogatives and supererogation as part of its verdicts about appropriateness. (shrink)

Everettian quantum mechanics tells us that the fundamental dynamics of the universe are deterministic. So what are the `probabilities' that the Born rule describes? One popular answer has been to treat these probabilities as rational credences. A recent alternative, Isaac Wilhelm's centered Everett Interpretation (CEI), takes the Born probabilities to be centered chances: the objective chances that some centered propositions are true. Thus, the CEI challenges the `orthodox assumption’ that fundamental physical laws concern only uncentered facts. I provide three arguments (...) against the centered Everett Interpretation. First, I argue that the CEI is in apparent tension with a significant motivation for adopting Everettian quantum mechanics: rejecting the attribution of special significance to observers or agents in fundamental physics. I suggest the CEI can avoid this tension, but only at the cost of sacrificing its central claim that there are objective chances in an Everettian multiverse. My second argument concerns the CEI’s claim that the centered Born rule is a fundamental physical law. I provide two plausible notions of fundamentality for physical laws, and I argue that the centered Born rule satisfies neither. My final argument is that the CEI’s branch-relative laws cannot explain or constrain an agent’s rational credences in the way that the CEI claims. (shrink)

The phrase ‘person‐centred care’ (PCC) reminds us that the fundamental philosophical goal of caring for people is to uphold or promote their personhood. However, such an idea has translated into promoting individualist notions of autonomy, empowerment and personal responsibility in the context of consumerism and neoliberalism, which is problematic both conceptually and practically. From a conceptual standpoint, it ignores the fact that humans are social, historical and biographical beings, and instead assumes an essentialist or idealized concept of (...) class='Hi'>personhood in which a person is viewed as an individual static object. From a practical standpoint, the application of such a concept of personhood can lead to neglect of a person's fundamental care needs and exacerbate the problems of social inequity, in particular for older people and people with dementia. Therefore, we argue that our understanding of PCC must instead be based on a dynamic concept of personhood that integrates the relevant social, relational, temporal and biographical dimensions. We propose that the correct concept of personhood in PCC is one in which persons are understood as socially embedded, relational and temporally extended subjects rather than merely individual, autonomous, asocial and atemporal objects. We then present a reconceptualization of the fundamental philosophical goal of PCC as promoting selfhood rather than personhood. Such a reconceptualization avoids the problems that beset the concept of personhood and its application in PCC, while also providing a philosophical foundation for the growing body of empirical literature that emphasizes the psychosocial, relational, subjective and biographical dimensions of PCC. (shrink)

Advances in science and technology have added to our insights into the vulnerabilities of human agency as well as to the methods of exploiting them. This has raised the stakes for efforts to clarify the concept and ethics of manipulation. Among these efforts, Robert Noggle’s influencer-centered account of manipulation has been most significant. He defines manipulative acts as those whereby an agent intentionally influences a recipient’s attitudes so that they do not conform as closely as they otherwise would to (...) the pertinent norms and ideals endorsed by the influencer. This provides a relatively simple and in many ways clear definition of manipulation. It sidesteps thorny debates about autonomy, freedom, or practical rationality. It also promises to reveal a conceptual parallel between manipulating and lying, and thus to explain why manipulation is pro tanto wrong. In one respect, however, the account remains ambiguous: It remains unclear whether, and to what extent, it requires that influencers’ beliefs about what is ideal for their recipients to be grounded in some effort on the part of the influencer to identify with or take on the role of her recipient. This paper explains this ambiguity. It argues that influencer-centrism cannot remain indifferent to the validity of an agent’s beliefs about the ideal state of the recipient and provide an identification requirement that would render the whole account plausible and sufficiently determinate. (shrink)

Counterfactual attitudes like imagining, dreaming, and wishing create a problem for the standard formal semantic theory of de re attitude ascriptions. I show how the problem can be avoided if we represent an agent's attitudinal possibilities using "multi-centered worlds", possible worlds with multiple distinguished individuals, each of which represents an individual with whom the agent is acquainted. I then present a compositional semantics for de re ascriptions according to which singular terms are "assignment-sensitive" expressions and attitude verbs are (...) "assignment shifters". (shrink)

S. Matthew Liao and Christian Barry argue that the patient-centered approach to deontology that I have developed—the restricting claims principle —‘is beset with problems.’ They think that it cannot correctly handle cases in which a potential victim sits in the path of an agent doing what she needs to do for some greater good, or in which a person’s property is used to benefit others and harm her. They argue that cases in which an agent does what would (...) be permissible but acts on a malicious reason show that agent intentions, rather than patientclaims, are fundamental to deontology. And they claim that the RCP presupposes the means principle in a way that shows that it is not really offering anything new. I argue here that all of these charges are mistaken. Doing so allows me to offer important refinements to the RCP, to highlight two common mistakes in reasoning about cases, and to set challenges for agentcentered approaches to deontology. (shrink)

This article ascertains what philosophical implications can be drawn from the moral idea of personhood dominant in African philosophy. This article aims to go beyond the oft-made submission that this moral idea of personhood is definitive of African moral thought. It does so by advancing discourse with regards to personhood by exploring its relationship with another under-explored idea in African ethics, the idea of partialism. This article ultimately argues that the idea of personhood can be associated (...) with two (related) sorts of partialisms: agent-related and other-centered partialisms. (shrink)

This paper aims to contribute to ‘group-centred views’ of non-agentive shame, by linking them to an ‘anepistemic’ model of the experience and impact of human failing. One of the most vexing aspects of those group-centred views remains how susceptivity to such shame ought to be understood. This contribution focuses on how a basic familiarity with adversity, in everyday life, may open individuals up to these forms of shame. If, per group-centred views, non-agentive shame is importantly driven by (...) participation in social practices with others, a better understanding of the impact of adversity on individuals’ lives may offer a way of explaining how embodied experience instils in individuals a need for such participation. The upshot is an understanding of the individual’s susceptivity to non-agentive shame, which affords it the same legitimacy as more conventional notions of shame. (shrink)

According to agent-centered virtue ethics, acting well is not a matter of conforming to agent-independent moral standards, like acting so as to respect humanity or maximize utility. Instead, virtuous agents determine what is called for in their circumstances through good practical reason. This is an attractive view, but it requires a plausible account of how good practical reason works. To that end, some theorists invoke the skill model of virtue, according to which virtue involves essentially the same kind (...) of practical reason as ordinary skills. I contend, however, that ordinary skills provide a plausible and informative model of good practical reason only insofar as they are assessed by agent-independent standards. And so virtue, likewise, must be assessed primarily by agent-independent moral standards, if the skill model is to serve its purpose. I consider how agent-centered virtue ethics might avert this dilemma. But I ultimately suggest proceeding a different way. (shrink)

Article responds to the criticism of speciesism that it is somehow less immoral than other -isms by showing that this is a mistake resting on an inadequate taxonomy of the various -isms. Criticizes argument by Bonnie Steinbock that preference to your own species is not immoral by comparison with racism of comparable level.

I argue that you can be permitted to discount the interests of your adversaries even though doing so would be impartially suboptimal. This means that, in addition to the kinds of moral options that the literature traditionally recognises, there exist what I call other-sacrificing options. I explore the idea that you cannot discount the interests of your adversaries as much as you can favour the interests of your intimates; if this is correct, then there is an asymmetry between negative partiality (...) toward your adversaries and positive partiality toward your intimates. (shrink)

THE STRUCTURE OF THIS PAPER IS AS FOLLOWS. I begin §1 by dealing with preliminary issues such as the different relations expressed by the “good for” locution. I then (§2) outline the Locative Analysis of good for and explain its main elements before moving on to (§3) outlining and discussing the positive features of the view. In the subsequent sections I show how the Locative Analysis can respond to objections from, or inspired by, Sumner (§4-5), Regan (§6), and Schroeder and (...) Feldman (§7). I then (§8) reply to an imagined objector who claims that the Locative Analysis generates implausible results with respect to punishment, virtue and agent-centered duties. (shrink)

‘Normative powers’ are capacities to create normative reasons by our willing or say-so. They are significant, because if we have them and exercise them, then sometimes the reasons we have are ‘up to us’. But such powers seem mysterious. How can we, by willing, create reasons? In this paper, I examine whether normative powers can be adequately explained normatively, by appeal to norms of a practice, normative principles, human interests, or values. Can normative explanations of normative powers explain how an (...) exercise of the will can afford us special freedom in determining our reasons? I argue that normative approaches to answering this question prove to be inadequate. To vindicate the thought that normative powers can make our reasons ‘up to us’, we need an altogether different approach to understanding them, one that is located not in the normative but in the metaphysical. I end the paper by sketching a metaphysical explanation of normative powers. This metaphysical defence of normative powers provides a window into a different, more agent-centered way of thinking about rational agency. (shrink)

Many of us think we have agent-centred options to act suboptimally. Some of these involve favouring our own interests. Others involve sacrificing them. In this paper, I explore three different ways to accommodate agent-centred options in a criterion of objective permissibility. I argue against satisficing and rational pluralism, and in favour of a principle built around sensitivity to personal cost.

Virtue ethics has been dogged by the objection that it lacks the ability to provide adequate action-guidance, that it is agent-centered rather act-centered. Virtue ethics has also been faulted for devolving into moral cultural relativism. Rosalind Hursthouse has presented an action-based, naturalistic theory of virtue ethics intended to defuse these charges. Despite its merits, I argue that Hurthouse’s theory fails to successfully solve the problems associated with action guidance and relativism precisely because her attempt to provide a non-cultural basis (...) for virtue ethics undermines the possibility of using virtue ethics to derive useful action-guidance. The action-guiding power of virtue is derived from culture; seeking to avoid the cultural grounding of virtue merely brings one back to the problem of how virtue ethics can provide action-guidance. (shrink)

A traditional idea is that moral judgment involves more than calculating the consequences of actions; it also requires an assessment of the agent's intentions, the act's nature, and whether the agent uses another person as a means to her ends. I survey experimental developments suggesting that ordinary people often tacitly reason in terms of such deontological rules. It's now unclear whether we should posit a traditional form of the doctrine of double effect. However, further research suggests that a (...) range of non-consequentialist factors influence moral judgment, including intentions, commissions, personal harm, and agent-centered commitments. Many, if not all, such factors appear to affect how involved the agent is in bringing about an outcome. (shrink)

In this paper Sullins argues that in certain circumstances robots can be seen as real moral agents. A distinction is made between persons and moral agents such that, it is not necessary for a robot to have personhood in order to be a moral agent. I detail three requirements for a robot to be seen as a moral agent. The first is achieved when the robot is significantly autonomous from any programmers or operators of the machine. The (...) second is when one can analyze or explain the robot's behavior only by ascribing to it some predisposition or 'intention' to do good or harm. And finally, robot moral agency requires the robot to behave in a way that shows and understanding of responsibility to some other moral agent. Robots with all of these criteria will have moral rights as well as responsibilities regardless of their status as persons. (shrink)

It is argued that the theory of situated cognition together with dynamic systems theory can explain the core of artistic practice and aesthetic experience, and furthermore paves the way for an account of how artist and audience can meet via the artist's work. The production and consumption of art is an embodied practice, firmly based in perception and action, and supported by features of the local, agent-centered and global socio-cultural contexts. Artistic creativity and aesthetic experience equally result from the (...) dynamic interplay between agent and context, allowing for artist and viewer to relate to the artist's work in similar ways. (shrink)

Animal ethics has often been criticized for an overreliance on “ideal” or even “utopian” theorizing. In this article, I recognize this problem, but argue that the “nonideal theory” which critics have offered in response is still insufficient to make animal ethics action-guiding. I argue that in order for animal ethics to be action-guiding, it must consider agent-centered theories of change detailing how an ideally just human-animal coexistence can and should be brought about. I lay out desiderata that such a (...) theory of change should suffice so as to be helpful in guiding action. Specifically, a theory of change should determine (1) who needs to do what in order for ideal justice to be achieved in the long run, (2) who should be expected to refuse compliance and how they should be moved to comply, and (3) why specific intermediate steps are necessary. I show how previous “nonideal” contributions, though helpful in other ways, are insufficiently determinate on these points and I sketch a (still somewhat utopian) theory of change for one specific context. This brings animal ethics a crucial step closer to being action-guiding in the real world. (shrink)

Sentences such as 'Chocolate tastes good' have been widely discussed as sentences that give rise to faultless disagreement. As such, they actually belong to the more general class of impersonal perception reports, which include 'The violin sounds / looks strange' as well sentences that are about an agent-centered situation such as 'It feels / seems like it is going to rain'. I maintain the view that faultless disagreement is due to first person-based genericity, which, roughly, consists in attributing a (...) property to anyone the speaker (or described agent) identifies with (which generally requires a first-person experience) (Moltmann 2010). Unlike my previous analysis (and similar analyses), this paper no longer makes use of experiencers or judges as implicit arguments of taste predicates, but argues that impersonal perception verbs (taste, look, feel, seem), have a logophoric character. More precisely, such verbs describe perceptual occurrences whose experiencer is identical to the agent of the utterance situation, described attitudinal situation, or the situations a generic operator may range over. Perceptual occurrences are sharply distinguished ontologically from perceptual experiences as well as perceptual objects, entities we refer to as ‘the taste of chocolate’, ‘the sound of the violin’, ‘the look of the violin’. Sentences about perceptual objects ('the taste of chocolate is good', 'the sound of the violin is great', 'the look of the violin is beautiful') also give rise to faultless disagreement, but the source of that is a first-person-based attribution of an evaluative predicate to an (objective) perceptual object. (shrink)

This essay reexamines Holmes Rolston’s evocative notion of “storied residence” and evaluates it for its fitness for environmental virtue ethics. Environmental virtue ethics (or EVE) continues to garner attention among environmental philosophers, and recently Brian Treanor has argued for the indispensability of narrative approaches as part of that discourse. In this paper, I endorse this indispensability thesis generally, but I argue that narrative environmental virtue ethics must be supplemented either by “storied residence” or a similar environmentally, scientifically, culturally, and historically (...) rich concept of narrative. Rolston himself has criticized environmental virtue ethics for being too agent-centered. Fortunately, an adequate sense of storied-residence is precisely what is needed to avoid triggering the vicious anthropocentrism that concerns Rolston. More concretely, storied-residence makes place(s) central to environmental virtue ethics by giving expression to features of the more-than-human world that often become secondary considerations to agency in accounts of environmental virtue. (shrink)

Shirking, the act of avoiding the demands of one’s job, is generally seen as unethical. Drawing on empirical evidence from the sociology of work, I develop a normative conception of shirking as a form of worker resistance against illegitimate managerial power. In doing so, I present a new approach to the political theory of the firm, which is more adversarial and agent-centered than available alternatives. It is more adversarial as it recognizes the political value of counterproductive and disruptive behavior (...) in capitalist firms. It is more agent-centered because it theorizes the firm from the perspective of workers, asking what pro tanto reasons they have to shirk. I show that shirking under the structural domination of capitalism has diagnostic, agential, and epistemic values. The paper contributes to the wider methodological ambition to tailor political theorizing to the positionality of social actors by shifting attention from the institutional design of the firm to the methods of worker resistance. (shrink)

This paper is a critical investigation about the historical origins of two contemporary approaches in ethics: moral particularism and moral generalism. Moral particularism states that there are no defensible moral principles and that moral thought doesn’t consist in the application of moral principles to cases, but in understanding the morally relevant features of an action, which vary from case to case. In opposition, moral generalism is the traditional claim that moral decisions are made by applying general rules to particular actions. (...) Plato is often seen as a moral generalist for his appeal to Forms which are universal standards, while Aristotle is regarded as a precursor of moral particularism for stressing the importance of the “the prudence”, which is the intellectual capacity to perceive the irreducible specificity of a context, and the importance of “the means” which differs from person to person. First I will take Plato into discussion, and I will briefly reconstruct his theoretical account on Justice and virtue in order to establish his “generalist” orientation. Then I will analyze Aristotle’s alleged particularism by appealing to his texts and assessing some considerations of a few contemporary authors. At the end of the paper, I will question both particularism and generalism for the appropriation of the two ancient philosophers, on the ground that modern moral philosophy which is an action centered ethics is hard to reconcile with ancient moral thought which was an agent centered one. (shrink)

Certain consequentialists have responded to deontological worries regarding personal projects or options and agent-centered restrictions or constraints by pointing out that it is consistent with consequentialist principles that people develop within themselves, dispositions to act with such things in mind, even if doing so does not lead to the best consequences on every occasion. This paper argues that making this response requires shifting the focus of moral evaluation off of evaluation of individual actions and towards evaluation of whole character (...) traits and patterns of behavior. However, this weds consequentialism to a sort of psychological determinism, with which it is incompatible, because it makes any sort of assessment in terms of right or wrong incoherent. The paper concludes by sketching an ethical theory that abandons right and wrong as its organizing concepts, but nevertheless preserves much of the spirit of consequentialism. Relationships between whole patterns of behavior and the production of good and bad consequences can be studied and analyzed, and this information can be used to improve society and ourselves, without it being required that any individual persons acts or dispositions to behave be evaluated as right or wrong. (shrink)

This paper investigates the nature of dispositional properties in the context of artificial intelligence systems. We start by examining the distinctive features of natural dispositions according to criteria introduced by McGeer (2018) for distinguishing between object-centered dispositions (i.e., properties like ‘fragility’) and agent-based abilities, including both ‘habits’ and ‘skills’ (a.k.a. ‘intelligent capacities’, Ryle 1949). We then explore to what extent the distinction applies to artificial dispositions in the context of two very different kinds of artificial systems, one based on (...) rule-based classical logic and the other on reinforcement learning. Here we defend three substantive claims. First, we argue that artificial systems are not equal in the kinds of dispositional properties they instantiate. In particular, we show that logical systems instantiate merely object-centered dispositions whereas reinforcement learning systems allow for the instantiation of agent-based abilities. Second, we explore the similarities and differences between the agent-centered abilities of artificial systems and those of humans, especially as relates to the important distinction made in the human case between habits and skills/intelligent capacities. The upshot is that the agent-centered abilities of truly intelligent artificial systems are distinctive enough to constitute a third type of agent-based ability — blended agent-based ability — raising substantial questions as to how we understand the nature of their agency. Third, we explore one aspect of this problem, focussing on whether systems of this type are properly considered ‘responsible agents’, at least in some contexts and for some purposes. The ramifications of our analysis will turn out to be directly relevant to various ethical concerns of artificial intelligence. (shrink)

Abstract: Artificial Morality is a new, emerging interdisciplinary field that centres around the idea of creating artificial moral agents, or AMAs, by implementing moral competence in artificial systems. AMAs are ought to be autonomous agents capable of socially correct judgements and ethically functional behaviour. This request for moral machines comes from the changes in everyday practice, where artificial systems are being frequently used in a variety of situations from home help and elderly care purposes to banking and court algorithms. It (...) is therefore important to create reliable and responsible machines based on the same ethical principles that society demands from people. New challenges in creating such agents appear. There are philosophical questions about a machine’s potential to be an agent, or mora l agent, in the first place. Then comes the problem of social acceptance of such machines, regardless of their theoretic agency status. As a result of efforts to resolve this problem, there are insinuations of needed additional psychological (emotional and cogn itive) competence in cold moral machines. What makes this endeavour of developing AMAs even harder is the complexity of the technical, engineering aspect of their creation. Implementation approaches such as top- down, bottom-up and hybrid approach aim to find the best way of developing fully moral agents, but they encounter their own problems throughout this effort. (shrink)

From the point of view of a theorist in ethics, the interest in public policy usually centres on the policy outcomes. But this point of view does not take much account of the roles and practices through which public policies are enacted. What additional ethical focuses for the policy agent might these entail? I outline four features of policy making, centred on the agent's performance of their role in the process, that raise ethical issues. These features are: (...) the nature of the policy process; the definition of the public; the treatment of policy agents; and accounting for public policy decisions. Brief examples are used to illustrate the nature of the issues and support the conclusion that these present additional ethical focuses for agents in public policy roles. (shrink)

In their strife for designing a moral system where everyone is given equal consideration, cosmopolitan theorists have merely tolerated partiality as a necessary evil (insofar it means that we give priority to our kin opposite the distant needy). As a result, the cosmopolitan ideal has long departed from our moral psychologies and our social realities. Here I put forward partial cosmopolitanism as an alternative to save that obstacle. Instead of demanding impartial universal action, it requires from us that we are (...) equally responsive in all the relationships we stand in. That goes from the local to the cosmopolitan sphere, since I defend that we are related with strangers as co-members of the global community. Thus, partiality not only is accommodated by cosmopolitanism, but actually supports it: only by having meaningful personal relationships we become able to care for distant strangers. (shrink)

This chapter is centered around an apparent tension that research on implicit bias raises between virtue and social knowledge. Research suggests that simply knowing what the prevalent stereotypes are leads individuals to act in prejudiced ways—biasing decisions about whom to trust and whom to ignore, whom to promote and whom to imprison—even if they reflectively reject those stereotypes. Because efforts to combat discrimination obviously depend on knowledge of stereotypes, a question arises about what to do next. This chapter argues that (...) the obstacle to virtue is not knowledge of stereotypes as such, but the “accessibility” of such knowledge to the agent who has it. “Accessibility” refers to how easily knowledge comes to mind. Social agents can acquire the requisite knowledge of stereotypes while resisting their pernicious influence, so long as that knowledge remains, in relevant contexts, relatively inaccessible. (shrink)

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus (...) is a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

The concepts of the origin of the genetic code and the definitions of life changed dramatically after the RNA world hypothesis. Main narratives in molecular biology and genetics such as the “central dogma,” “one gene one protein” and “non-coding DNA is junk” were falsified meanwhile. RNA moved from the transition intermediate molecule into centre stage. Additionally the abundance of empirical data concerning nonrandom genetic change operators such as the variety of mobile genetic elements, persistent viruses and defectives do not fit (...) with the dominant narrative of error replication events (mutations) as being the main driving forces creating genetic novelty and diversity. The reductionistic and mechanistic views on physico-chemical properties of the genetic code are no longer convincing as appropriate descriptions of the abundance of non-random genetic content operators which are active in natural genetic engineering and natural genome editing. (shrink)

Because contractarians see justice as mutual advantage, they hold that justice can be rationally grounded only when each can expect to gain from it. John Rawls seems to avoid this feature of contractarianism by fashioning the parties to the contract as Kantian agents whose personhood grounds their claims to justice. But Rawls also endorses the Humean idea that justice applies only if people are equal in ability. It would seem to follow from this idea that dependent persons (such as (...) the disabled) lack claims of justice. It appears, then, that the Kantian and Humean themes in Rawls conflict. I present a reading of Rawls that resolves this tension between the Kantian and Humean themes. The first theme, I argue, allows Rawls to maintain that persons as such are owed justice regardless of their ability to engage in social cooperation. The second theme, I argue, allows him to retain Hume's connection between justice and reciprocity, but confines the reciprocity condition to relations among nondependents. I conclude that Rawls's approach permits him to rebut recent criticisms leveled by disability theorists and others who claim that his theory excludes dependents. (shrink)

Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...) an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)

I argue against the Standard View of ignorance, according to which ignorance is defined as equivalent to lack of knowledge, that cases of environmental epistemic luck, though entailing lack of knowledge, do not necessarily entail ignorance. In support of my argument, I contend that in cases of environmental luck an agent retains what I call epistemic access to the relevant fact by successfully exercising her epistemic agency and that ignorance and non-ignorance, contrary to what the Standard View predicts, are (...) not modal in the sense that knowledge is. After responding to objections, I conclude by sketching an alternative account of ignorance centered on the notions of epistemic access and epistemic agency. (shrink)

We cooperate with other people despite the risk of being exploited or hurt. If future artificial intelligence (AI) systems are benevolent and cooperative toward us, what will we do in return? Here we show that our cooperative dispositions are weaker when we interact with AI. In nine experiments, humans interacted with either another human or an AI agent in four classic social dilemma economic games and a newly designed game of Reciprocity that we introduce here. Contrary to the hypothesis (...) that people mistrust algorithms, participants trusted their AI partners to be as cooperative as humans. However, they did not return AI's benevolence as much and exploited the AI more than humans. These findings warn that future self-driving cars or co-working robots, whose success depends on humans' returning their cooperativeness, run the risk of being exploited. This vulnerability calls not just for smarter machines but also better human-centered policies. (shrink)

Performative accounts of personhood argue that group agents are persons, fit to be held responsible within the social sphere. Nonetheless, these accounts want to retain a moral distinction between group and individual persons. That: Group-persons can be responsible for their actions qua persons, but that group-persons might nonetheless not have rights equivalent to those of human persons. I present an argument which makes sense of this disanalogy, without recourse to normative claims or additional ontological commitments. I instead ground rights (...) in the different relations in which performative persons stand in relation to one another. (shrink)

Determining the human activity that social processes consist in is a central task for the philosophy of the social sciences. This paper asks: which conception of agency arising from contemporary action theory is the most suitable for social science explanation? It is argued that a movement-centered, Davidsonian picture of agency is not suitable for explaining certain social processes such as strikes and boycotts because, instead of intentional bodily movements, they are explained by the intentional omissions of agents. I propose that (...) instead of intentional bodily movements, social processes are better explained by phenomena in which an agent is taking an active relation both to her mental or bodily processes as well as to what is happening around her. Thus, to fully explain social processes, a comprehensive theory of agency that can account for intentional actions and intentional omissions and a conception of agency that includes both materialist and volitionalist aspects is needed. (shrink)

Knowledge is an achievement manifesting a type of competence, akin in important respects to a skill. Accordingly, epistemic judgment is an exercise of agency. Ernest Sosa’s work has elaborated these and related insights into a meticulous, persuasive version of a virtue epistemology. Given the framing assumptions of mid-twentieth century Anglo-American epistemology, developing a competence-centered explanation of judgment, knowledge, and justification required brilliant critical and creative thought. So it is intriguing and perhaps instructive to consider how some of Sosa’s views relate (...) to the outlook of early Chinese thinkers, for whom the idea of knowledge as a competent performance required no argument, being implicitly taken as an obvious, shared starting point. Here I will focus on Xúnzǐ 荀子, whose epistemological concerns in some respects dovetail with and in others complement Sosa’s. I will draw on concepts from Sosa’s framework to elucidate features of Xúnzǐ’s epistemology and in turn suggest how Xúnzǐ’s theoretical orientation might cast light on Sosa’s project. In particular, I will suggest that Sosa’s conception of full aptness helps to elucidate the significance of Xúnzǐ’s discussion of epistemic pitfalls, while Xúnzǐ’s treatment of the epistemic agent’s awareness of and commitment to norms of judgment helps to enrich Sosa’s view of epistemic agency. (shrink)

Kant famously made a distinction between actions from duty and actions in conformity with duty claiming that only the former are morally worthy. Kant’s argument in support of this thesis is taken to rest on the claim that only the motive of duty leads non-accidentally or reliably to moral actions. However, many critics of Kant have claimed that other motives such as sympathy and benevolence can also lead to moral actions reliably, and that Kant’s thesis is false. In addition, many (...) readers of Kant find the claim that we should deny moral worth to a dutiful action performed from friendly inclination highly counterintuitive. Moreover, Kantian commentators disagree about the status of actions in conformity with duty, some claim that these can be taken as equally morally worthy as those performed from duty, while others argue that they are not even permissible. -/- It has also been claimed that Kant’s theory of moral worth should be related to the theory of the Gesinnung developed in the Religion. Thus, some authors claim that, in order for an action to possess moral worth, the agent has to be unconditionally committed to morality, that is, the agent must possess a virtuous character or good fundamental maxim (i.e. a good Gesinnung). However, according to Kant’s radical evil thesis (that is, the thesis that man is evil by nature ), the default position for man is to possess an evil Gesinnung, i.e. a Gesinnung which is only conditionally committed to morality insofar as morality does not demand a great sacrifice of our own happiness. So, an unwelcome consequence of this line of interpretation is that in Kantian ethics morally worthy actions become very rare indeed. -/- The paper is divided in two parts. The first part aims to clarify why Kant thought that only actions from duty are morally worthy, replying to some common objections against Kant’s view. I argue that Kant’s non-accidental condition should not be understood in terms of reliability because such interpretation is incompatible with Kant’s theory of motivation and rational agency. I propose an alternative interpretation which supports Kant’ s claim that only the motive of duty leads nonaccidently to dutiful actions, and thus only actions from duty possess moral worth. I end by showing that although actions in conformity with duty are worthless from the moral point of view, they are not (in many cases) impermissible. The first part concludes that the criterion for the permissibility of actions is different to the criterion for the ascription of moral worth. Thus, rightness, which pertains to actions performed on maxims that can be willed as universal laws, and moral worth, which pertains to actions performed from a sense of duty, should be understood as two different levels of moral assessment. -/- The second part of the paper examines Kant’s conception of virtue with the aim of showing that although only agents with a virtuous character (good Gesinnung) will reliably act from duty, a person with an evil character (evil Gesinnung) could on frequent occasions act from duty. I argue that we should not deny moral worth to actions performed from duty even when the agent has an evil Gesinnung. Goodness of Gesinnung is not a necessary condition of the action of an agent possessing moral worth; reliability of motivation is necessary for the ascription of virtue but not for the ascription of moral worth. It follows that virtue, which refers to the agent’s character or fundamental maxim (i.e. the agent’s Gesinnung), and moral worth are also two different levels of moral assessment. The paper concludes that three levels of moral assessment can be distinguished in Kant’s ethical system: (i) rightness, (ii) moral worth and (iii) moral virtue. Moral virtue is the highest level of moral perfection for a human being. Striving towards virtue requires constant progress and effort and ultimately a ‘revolution of the heart.’ The important point is that even when we are still striving to achieve virtue (i.e. an unconditional commitment to morality), we can ascribe moral worth to actions performed by a genuine sense of duty. It turns out that, contrary to many influential interpretations, Kantian ethics is not merely concerned with the rightness or wrongness of particular actions nor is Kantian ethics primarily an ethic of virtue. Instead, Kant’s ethical system is complex and allows for different levels of moral assessment in which both an action-centred and agent-centred perspective can be integrated. (shrink)

The notion of habit used in neuroscience is an inheritance from a particular theoretical origin, whose main source is William James. Thus, habits have been characterized as rigid, automatic, unconscious, and opposed to goal-directed actions. This analysis leaves unexplained several aspects of human behavior and cognition where habits are of great importance. We intend to demonstrate the utility that another philosophical conception of habit, the Aristotelian, may have for neuroscientific research. We first summarize the current notion of habit in neuroscience, (...) its philosophical inspiration and the problems that arise from it, mostly centered on the sharp distinction between goal-directed actions and habitual behavior. We then introduce the Aristotelian view and we compare it with that of William James. For Aristotle, a habit is an acquired disposition to perform certain types of action. If this disposition involves an enhanced cognitive control of actions, it can be considered a “habit-as-learning”. The current view of habit in neuroscience, which lacks cognitive control and we term “habit-as-routine”, is also covered by the Aristotelian conception. He classifies habits into three categories: (1) theoretical, or the retention of learning understood as “knowing that x is so”; (2) behavioral, through which the agent achieves a rational control of emotion-permeated behavior (“knowing how to behave”); and (3) technical or learned skills (“knowing how to make or to do”). Finally, we propose new areas of research where this “novel” conception of habit could serve as a framework concept, from the cognitive enrichment of actions to the role of habits in pathological conditions. In all, this contribution may shed light on the understanding of habits as an important feature of human action. Habits, viewed as a cognitive enrichment of behavior, are a crucial resource for understanding human learning and behavioral plasticity. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

This article analyzes emerging artificial intelligence (AI)-enhanced lie detection systems from ethical and human resource (HR) management perspectives. I show how these AI enhancements transform lie detection, followed with analyses as to how the changes can lead to moral problems. Specifically, I examine how these applications of AI introduce human rights issues of fairness, mental privacy, and bias and outline the implications of these changes for HR management. The changes that AI is making to lie detection are altering the roles (...) of human test administrators and human subjects, adding machine learning-based AI agents to the situation and establishing invasive data collection processes as well as introducing certain biases in results. I project that the potentials for pervasive and continuous lie detection initiatives (“truth machines”) are substantial, displacing human-centered efforts to establish trust and foster integrity in organizations. I argue that if it is possible for HR managers to do so, they should cease using technologically-based lie detection systems entirely and work to foster trust and accountability on a human scale. However, if these AI-enhanced technologies are put into place by organizations by law, agency mandate, or other compulsory measures, care should be taken that the impacts of the technologies on human rights and wellbeing are considered. The article explores how AI can displace the human agent in some aspects of lie detection and credibility assessment scenarios, expanding the prospects for inscrutable, “black box” processes and novel physiological constructs (such as “biomarkers of deceit”) that may increase the potential for such human rights concerns as fairness, mental privacy, and bias. Employee interactions with autonomous lie detection systems rather with than human beings who administer specific tests can reframe organizational processes and rules concerning the assessment of personal honesty and integrity. The dystopian projection of organizational life in which analyses and judgments of the honesty of one’s utterances are made automatically and in conjunction with one’s personal profile provides unsettling prospects for the autonomy of self-representation. (shrink)

In this paper, I will account for the importance of the notion of exemplarity within the contemporary virtue-ethical debate, both in its classic formulation (e.g., Hursthouse 1999) and in the recent exemplarist moral theory advanced by Linda T. Zagzebski (2015; 2017). Despite their differences, which I will discuss extensively, both theories are centered on a characterization of an exemplary virtuous agent that serves as a standard for determining what, in a given situation, is right, wrong, dutiful and forbidden. The (...) first two sections will be devoted to an assessment of the strengths and weaknesses of these two approaches. In the third, I will propose a different role of radical (i.e., exceptional) individuals, i.e., saints and heroes, within a virtue-ethical theory of right action. (shrink)

I argue that the two-dimensional hyperintensions of epistemic topic-sensitive two-dimensional truthmaker semantics provide a compelling solution to the access problem. -/- I countenance an abstraction principle for two-dimensional hyperintensions based on Voevodsky's Univalence Axiom and function type equivalence in Homotopy Type Theory. The truth of my first-order abstraction principle for two-dimensional hyperintensions is grounded in its being possibly recursively enumerable i.e. Turing computable and the Turing machine being physically implementable. I apply, further, modal rationalism in modal epistemology to solve the (...) access problem. Epistemic possibility and hyperintensionality, i.e. conceivability, can be a guide to metaphysical possibility and hyperintensionality, when (i) epistemic worlds or epistemic hyperintensional states are interpreted as being centered metaphysical worlds or hyperintensional states, i.e. indexed to an agent, when (ii) the epistemic (hyper-)intensions and metaphysical (hyper-)intensions for a sentence coincide, i.e. the hyperintension has the same value irrespective of whether the worlds in the argument of the functions are considered as epistemic or metaphysical, and when (iii) sentences are said to consist in super-rigid expressions, i.e. rigid expressions in all epistemic worlds or states and in all metaphysical worlds or states. I argue that (i) and (ii) obtain in the case of the access problem. (shrink)

This dissertation focuses on questions regarding the metaphysical and psychological possibility of self-deception and attempts to show that self-deception is a phenomenon best characterized as both motivated and intentional, such that self-deceivers can be held responsible for their deceptions in a stronger sense than that of being merely epistemically negligent. -/- In Chapter One, I introduce the paradoxes of self-deception, which arise when one attempts to draw a close analogy between self- and other-deception, and I discuss the various ways in (...) which one might characterize an unwarranted belief as irrational. I go on to show how the various ways one understands interpersonal deception may mirror the various accounts one might give of self-deception. I concluded the chapter with a brief discussion of the role of empirical studies in philosophical investigations of irrationality. -/- In Chapter Two, I look more closely at a particular kind of intentionalist account of self-deception, namely the claim that we must suppose the existence of a partitioned mind to make sense of the so-called "internal irrationality" of the self-deceiver. I discuss both stronger and weaker versions of this theory, in an attempt to show that it tends to raise more metaphysical worries than it solves. I argue further that if there is such a thing as divisions within the mind, an account of self-deception centered around such divisions will not get the intentionalist about self-deception what he or she wants. -/- In Chapter Three, I move on to discuss non-intentionalist accounts of self-deception. Such theories have gained in popularity in recent years, due to their appeals to explanatory parsimony. Against these theories, I argued that there are certain phenomenon we take to be central to self-deception that Mele, Barnes, et al. cannot account for. I therefore propose that a more robust account of self-deception is necessary to make sense of these phenomena. -/- Chapter Four attempts to provide such an account. I claim that if we focus more heavily on the diachronic process by which self-deceivers elicit and/or maintain their beliefs over time, what emerges looks much more like an intentional project aimed at the manipulation of one's evidence or evidential standards than a mere more-or-less unconscious process of motivated biasing. I suggest that such a view can escape the paradoxes of self-deception, while at the same time making sense of the features lacking on non-intentionalist accounts. -/- Finally, in Chapter Five I examine the morality of self-deception. I argue that self-deceivers are not only epistemically but also morally responsible for their self-deceptions, and that self-deception generally represents a moral failure on the part of the moral agent, regardless of the normative moral theory one adopts. (shrink)

This chapter examines the evolving debate on AI legal personhood, emphasizing the role of path dependencies in shaping current trajectories and prospects. Two primary path dependencies emerge: prevailing legal theories on personhood (singularist vs. clustered) and the impact of technological advancements. We argue that these factors dynamically interact, with technological optimism fostering broader rights-based debates and periods of skepticism narrowing discussions to limited rights. Additional influences include regulatory cross-linkages (e.g., data privacy, liability, cybersecurity) and historical legal precedents. Current (...) regulatory frameworks, particularly in the EU, generally resist extending legal personhood to AI systems. Case law suggests that without explicit legislation, courts are unlikely to grant AI legal personhood on their own. For this to happen, AI systems would first need to prove de facto legitimacy through sustained social participation. The chapter concludes by assessing near- and long-term prospects, from generative AI and AI agents in the next 5–20 years to transformative possibilities such as AI integration with human cognition via Brain-Machine Interfaces in a more distant future. (shrink)

The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights and (...) a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical. (shrink)

We argue that contemporary conceptualizations of “persons” have failed to achieve the moral goals of “person-centred care” (PCC, a model of dementia care developed by Tom Kitwood) and that they are detrimental to those receiving care, their families, and practitioners of care. We draw a distinction between personhood and selfhood, pointing out that continuity or maintenance of the latter is what is really at stake in dementia care. We then demonstrate how our conceptualization, which is one that privileges (...) the lived experiences of people with dementia, and understands selfhood as formed relationally in connection with carers and the care environment, best captures Kitwood’s original idea. This conceptualization is also flexible enough to be applicable to the practice of caring for people at different stages of their dementia. Application of this conceptualization into PCC will best promote the well-being of people with dementia, while also encouraging respect and dignity in the care environment. (shrink)