What makes a choice hard? I discuss and criticize three common answers and then make a proposal of my own. Paradigmatic hard choices are not hard because of our ignorance, the incommensurability of values, or the incomparability of the alternatives. They are hard because the alternatives are on a par; they are comparable, but one is not better than the other, and yet nor are they equally good. So understood, hard choices open up a new way of thinking about (...) what it is to be a rational agent. (shrink)

The thought that children should be given greater opportunity to participate meaningfully in affairs which concern them and to show their capacity for reasonable measured thoughts and choices has been displayed by many others (COHEN, 1980; FARSON, 1974; KENNEDY, 1992). It has also been suggested than in order to ensure that we are fair to all individuals, regardless of their age, that our primary consideration should be the capacity for decision making and agency. However, whether or not children (...) are indeed capable of this kind of decision-making and developed agency is greatly contested (most notably perhaps by Plato and Aristotle), and so too are the reasons for this. In what follows then, I will examine the ways in which children may be encouraged to gain this kind of agency, and what our role in facilitating this may be. Moreover, I will show that while difficult, it is possible to approach ‘teaching’ young people to become autonomous agents in ways that do not interfere with their agency, either presently or in a future-oriented sense. Establishing this is essential as in order to make authentic choices, and allow for holding individuals responsible for their choices, they must be a result of the deliberation of their own choices, and not some other influence, be that external or internal. Finally, in relation to educative aims as a whole, I will follow Seneca’s statement above: that education should go beyond inculcating only learning and practises that are of immediate use to the institutions in which they are learned. (shrink)

We make choices about our own appearance and evaluate others' choices – every day. These choices are meaningful for us as individuals and as members of communities. But many features of personal appearance are due to luck, and many cultural beauty standards make some groups and individuals worse off (this is called “lookism”). So, how are we to square these two facets of personal appearance? And how are we to evaluate agency in the context of personal beauty? I identify (...) three ways of responding to these questions: beauty advo- cacy, beauty skepticism, and beauty revisionism. Advocates connect an honorific sense of beauty with personal charac- ter. Skeptics focus on beauty standards, and primarily offer a social critique of beauty standards. Some skeptics suggest embracing other aesthetic ideals – even ugliness. Revision- ists critique beauty standards, but retain an honorific sense of beauty. Each position offers tools to evaluate personal agency as aesthetic agency, whether first-personally or through our appreciation of others' appearance. (shrink)

This article examines how specific realist and projectivist versions of manipulability theories of causation deal with the problem of objectivity. Does an agent-dependent concept of manipulability imply that conflicting causal claims made by agents with different capacities can come out as true? In defence of the projectivist stance taken by the agency view, I argue that if the agent’s perspective is shown to be uniform across different agents, then the truth-values of causal claims do not vary arbitrarily and, thus, (...) reach a satisfactory level of objectivity. My argument connects Price’s considerations on the situation of deliberation, whose structure, common to all agents, is the same with respect to both decision making and causal claims on a concept inspired by Douglas’s classification of objectivity of thought processes: the perspective of the detached agent. I further argue that, despite his agent-independent concept of intervention, Woodward’s claim of a stronger objectivity standard cannot be achieved, as the relativity of causal concepts to a variable set brings about the issue of the agent’s choice of variables. Consequently, a more permissive objectivity standard applies to both views. (shrink)

Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...) of the ability to do otherwise, provides a sufficiently robust account of free will, even when it is amended as Moore suggests. I argue that free will and responsibility can be defended more robustly by observing that, at the level of agency, there can be alternative possibilities and mental causation in a stronger sense than recognized by classical compatibilism, even if physical determinism is true. Moore’s arguments could thus be strengthened by embracing this compatibilist libertarian position. At the same time, I note that, although the idea of responsibility is robustly defensible, there are independent reasons for rejecting a retributivist approach to punishment. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and purposive (...) agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

The moot point of the Western philosophical rhetoric about free will consists in examining whether the claim of authorship to intentional, deliberative actions fits into or is undermined by a one-way causal framework of determinism. Philosophers who think that reconciliation between the two is possible are known as metaphysical compatibilists. However, there are philosophers populating the other end of the spectrum, known as the metaphysical libertarians, who maintain that claim to intentional agency cannot be sustained unless it is assumed (...) that indeterministic causal processes pervade the action-implementation apparatus employed by the agent. The metaphysical libertarians differ among themselves on the question of whether the indeterministic causal relation exists between the series of intentional states and processes, both conscious and unconscious, and the action, making claim for what has come to be known as the event-causal view, or between the agent and the action, arguing that a sort of agent causation is at work. In this paper, I have tried to propose that certain features of both event-causal and agent-causal libertarian views need to be combined in order to provide a more defendable compatibilist account accommodating deliberative actions with deterministic causation. The ‘‘agent-executed-eventcausal libertarianism’’, the account of agency I have tried to develop here, integrates certain plausible features of the two competing accounts of libertarianism turning them into a consistent whole. I hope to show in the process that the integration of these two variants of libertarianism does not challenge what some accounts of metaphysical compatibilism propose—that there exists a broader deterministic relation between the web of mental and extra-mental components constituting the agent’s dispositional system—the agent’s beliefs, desires, short-term and long-term goals based on them, the acquired social, cultural and religious beliefs, the general and immediate and situational environment in which the agent is placed, etc. on the one hand and the decisions she makes over her lifetime on the basis of these factors. While in the ‘‘Introduction’’ the philosophically assumed anomaly between deterministic causation and the intentional act of deciding has been briefly surveyed, the second section is devoted to the task of bridging the gap between compatibilism and libertarianism. The next section of the paper turns to an analysis of folk-psychological concepts and intuitions about the effects of neurochemical processes and prior mental events on the freedom of making choices. How philosophical insights can be beneficially informed by taking into consideration folk-psychological intuitions has also been discussed, thus setting up the background for such analysis. It has been suggested in the end that support for the proposed theory of intentional agency can be found in the folk-psychological intuitions, when they are taken in the right perspective. (shrink)

How do we prepare engineering students to make ethical and responsible decisions in their professional work? This paper presents an approach that enhances engineering students’ engagement with ethical reasoning by simulating decision-making in a complex scenario. The approach has two principal inspirations. The first is Anthony Weston’s scenario-based teaching. Weston’s concept of a scenario is a situation that changes in response to choices made by participants, according to an inner logic. Scenarios can dynamically explore open-ended complex problems without imposing (...) predetermined results, allowing students to apply their ethical reasoning in a more realistic fashion. The second inspiration is Thi Nguyen’s theory of games. According to Nguyen, games are the “art of agency,” meaning that they provide a structure under which some result is agreed to be valuable, along with prescribed ways of achieving that result, in a relatively low-stakes and temporary social arrangement. By playing many games, Nguyen argues, we can develop a “library of agency,” that is to say, a set of values and means to achieving them that can inform how we make high-stakes decisions in real life. Engaging with carefully designed game scenarios, then, can enable students to practice making ethical decisions within a structured framework, which unfolds in response to their choices, while their decisions are driven by some defined goal. This roleplaying game–based approach thus allows students to build their own ethical libraries of agency, in preparation for professional decision-making. The approach is illustrated using a specific example recently deployed in a seminar on engineered living materials (building materials that incorporate living tissues). The scenario uses techniques from tabletop roleplaying games (e.g. Dungeons & Dragons) for outcome resolution, adventure design, and character creation. Through the game, students practice making difficult decisions in a humanitarian context. (shrink)

While there has been much discussion of whether AI systems could function as moral agents or acquire sentience, there has been relatively little discussion of whether AI systems could have free will. In this article, I sketch a framework for thinking about this question. I argue that, to determine whether an AI system has free will, we should not look for some mysterious property, expect its underlying algorithms to be indeterministic, or ask whether the system is unpredictable. Rather, we should (...) simply ask whether it is explanatorily indispensable to view the system as an intentional agent, with the capacity for choice between alternative possibilities and control over the resulting actions. If the answer is “yes”, then the system counts as having free will in a pragmatic and diagnostically useful sense. (shrink)

“Pick a card, any card. This has to be a completely free choice.” the magician tells you. But is it really? Although we like to think that we are using our free will to make our decisions, research in psychology has shown that many of our behaviours are automatic and unconsciously influenced by external stimuli (Ariely, 2008; Bargh & Chartrand, 1999; Newell & Shanks, 2014; Nisbett & Wilson, 1977), and that we are often oblivious to the cognitive mechanisms that (...) underpin our decision (Wegner, 2002, 2003). Magicians have exploited this illusory sense of agency for a long time, and have developed a wide range of techniques to influence and control spectators’ choices of such things as card, word, or number (Annemann, 1933; Banachek, 2002a; Jones, 1994; Turner, 2015). These techniques are instances of what is called forcing. -/- Many forces are extremely effective, illustrating various weaknesses in our sense of control over decisions and their outcomes. Researchers have started to investigate them in various ways (Kuhn, Pailh s, & Lan, 2020; Olson, Amlani, Raz, & Rensink, 2015; Pailhes & Kuhn, 2020b, 2020c; Shalom et al., 2013) and are beginning to obtain valuable insights into decision-making processes as well as a better understanding of the cognitive mechanisms that lead people to experience an illusory sense of free will and of agency. -/- Although magicians have acquired large amounts of knowledge in covertly controlling people’s choices, much of this knowledge is only discussed in the context of individual magic tricks, or in books that are not readily accessible to non-magicans. As we and others have argued elsewhere (Ekroll, Sayim, & Wagemans, 2017; Kuhn, 2019; Kuhn, Amlani, & Rensink, 2008; Kuhn, Caffaratti, Teszka, & Rensink, 2014; Macknik et al., 2008; Olson et al., 2015; Olson, Landry, Appourchaux, & Raz, 2016; Shalom et al., 2013; Thomas, Didierjean, Maquestiaux, & Gygax, 2015), a particularly effective way of making this knowledge more available is via the creation of taxonomies centered around psychological mechanisms (Rensink & Kuhn, 2015). For example, the psychologically based taxonomy of misdirection (Kuhn et al., 2014) helps draw links between misdirection and formal theories of perception and cognition. -/- Our aim here is to apply a similar process to the knowledge magicians have about forcing. The present paper develops a psychologically based taxonomy of forcing techniques with two goals in mind. Firstly, it should help uncover the various psychological mechanisms that underlie forcing techniques. Secondly, it should facilitate knowledge transfer between magicians and psychologists. Among other things, this knowledge will allow researchers to gain new insights into the mechanisms underlying decision-making, and the feeling of free will and of agency over choice. We start by defining the magician’s force and then look at some of the past classifications of forcing. (shrink)

The human factor in information systems is a large vulnerability when implementing cybersecurity, and many approaches, including technical and policy driven solutions, seek to mitigate this vulnerability. Decisions to apply technical or policy solutions must consider how an individual’s values and moral stance influence their responses to these implementations. Our research aims to evaluate how individuals prioritise different ethical principles when making cybersecurity sensitive decisions and how much perceived choice they have when doing so. Further, we sought to (...) use participants’ responses to cybersecurity scenarios to create profiles that describe their values and individual factors including personality. Participants (n = 193) in our study responded to five different ethically sensitive cybersecurity scenarios in random order, selecting their action in that scenario and rating and ranking of the ethical principles (i.e., Beneficence, Non-Maleficence, Justice, Autonomy, Explicability) behind that action. Using participants’ demographics, personality, values, and cyber hygiene practices, we created profiles using machine learning to predict participants’ choices and the principle of most importance to them across scenarios. Further, we found that, generalising, for our participants Autonomy was the most important ethical principle in our scenarios, followed by Justice. Our study also suggests that participants felt they had some agency in their decision making and they were able to weigh up different ethical principles. (shrink)

The Torah lays out a rich idea of God’s governance in the Scroll of Esther: Circumstance lays the warp, but human choices weave the woof of destiny. God remains unseen. Delegation of agency, including human freedom, is implicit in the act of creation: God does not clutch efficacy jealously to his breast. Biblically, God acts through nature, making the elements his servitors. Miracles do not violate God’s covenant with nature. Maimonides, following rabbinic homilies, finds them embedded in that (...) covenant. Divine agency is clearest today in evolution and its special case, the emergence of autonomy and the rise of consciousness and personhood. (shrink)

Illusionism treats the almost universally held belief in our ability to make free choices as an erroneous, though beneficent, idea. According to this view, it is sadly true, though virtually impossible to believe, that none of a person’s choices are avoidable and ‘up to him’: any claim to the effect that they are being naïveté or, in the case of those who know better, pretense. Indeed, the implications of this skepticism are so disturbing, pace Spinoza, that it must not be (...) allowed to see the light of intellectual day, confined to the nether regions of consciousness. Even those who have ‘done the philosophy’ and disabused themselves here should nevertheless (somehow) continue believing in free will, lest they come to regard our lives as meaningless, spreading despair and social upheaval. Thus, the “Illusionists” who propound this view are themselves circumspect in doing so. -/- But is escaping the (putative) truth really possible here? Could a disabused philosopher ever return to something like his former intellectual innocence? Self-deception may not be possible; but would an attempt at it reveal anything significant about choice formation? If one were to try to regain one’s illusion, what would one realize? I shall argue here that one would reflectively discover precisely the opposite of what the Illusionists contend- that there are indeed free choices. Let us begin by considering the inconsistency that supposedly entails the illusion of free will. (shrink)

Christine Korsgaard bases her interpretation of personal identity upon the notion of moral agency and thereby refutes the Reductionist thesis of Derek Parfit. Korsgaard indicates that actions and choices, from the practical standpoint, must be viewed as having agents and choosers. This is what makes them our own actions and choices as well as contributes to the process of self-constitution. Personal identity manifested as the chooser of our desires and author of our actions can be viewed as the common (...) denominator between Korsgaard and Wang Yangming (王陽明). For liangzhi (良知) is none other than the agency that acts as the capacity for moral judgment and the motivation of performing moral actions. Given liangzhi is the authentic self that make laws for us, our true identities are exhibited in the performance of moral behaviors. Moreover, further engagement between the two sides reveals that Wang’s characterizations of liangzhi, particularly those of practical justification, law-embodying identity, and zhih –zhi (致知), can be seen as either a complement to practical standpoint argument or an approach of consummating self-constitution. (shrink)

This paper examines the complex and multifaceted discourse surrounding the hijab, which has been variously interpreted as a symbol of sexist oppression and female empowerment. It challenges the notion of a universalizing framework to address sexist oppression and argues that different conceptions of empowerment can be equally valid, depending on the intersectional identities and values of the subject. Drawing on the experiences of Muslim women in the West as a case study, the paper explores the challenges they face from both (...) broader Western society's Gendered Islamophobia and misogyny from within their Muslim community. -/- Two distinct responses have emerged among Muslim women to counter these challenges: Islamic Feminism and Islamic Traditionalism. Islamic Feminism seeks to use Islam, particularly the Qur'an, as a basis for achieving feminist goals. However, this movement is not universally embraced among Muslim women, as many argue that it does not align with their traditional Islamic values and goals of gender justice. As a result, an alternative discourse of Islamic Traditionalism has emerged, which seeks to address these issues by drawing on traditional Islamic values and methodology to achieve unique Islamic goals of gender justice and empowerment. The paper critically examines the effectiveness and limitations of these frameworks while framing empowerment as a manifestation of women's agency to make choices that they find empowering for themselves. It highlights the complexities and nuances of the hijab discourse, challenging monolithic interpretations and advocating for a nuanced understanding that takes into account the diverse experiences, identities, and values of Muslim women. (shrink)

Sometimes it is not us but those to whom we stand in special relations that face transformative choices: our friends, family, or beloved. A focus upon first-personal rational choice and agency has left crucial ethical questions regarding what we owe to those who face transformative choices largely unexplored. In this paper, I ask: under what conditions, if any, is it morally permissible to interfere with to try to prevent another from making a transformative choice? Some seemingly (...) plausible answers to this question fail precisely because they concern transformative experiences. I argue that we have a distinctive moral right to revelatory autonomy grounded in the value of autonomous self-making. If this right is outweighed then, I argue, interfering to prevent another making a transformative choice is permissible. This conditional answer lays the groundwork for a promising ethics of transformative experience. (shrink)

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational (...) class='Hi'>choice-making as a means to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

AI-powered records science is revolutionizing the way facts are analyzed and understood. It can significantly improve the exceptional of information evaluation and boost its speed. AI-powered facts technological know-how enables access to more extensive, extra complicated information sets, faster insights, faster trouble solving, and higher choice making. Using the use of AI-powered information technological know-how techniques and tools, organizations can provide more accurate outcomes with shorter times to choices. AI-powered facts technology also offers more correct predictions of activities (...) and developments and superior accuracy in sample reputation.Furthermore, AI-powered facts science techniques can help agencies discover anomalies in datasets, learn new patterns, and better understand the points. This paper discusses the advantages of AI-powered statistics science and how it may enhance data analysis. It additionally discusses a number of the challenges going through organizations in imposing AI-powered records science projects and gives excellent practices for deploying and coping with records technology projects. (shrink)

Darwin hypothesized that some animals, when selecting sexual partners, possess a genuine “sense of beauty” that cannot be accounted for by the logic of natural selection. This hypothesis has been notoriously controversial. In this chapter I propose that the concept of agency can be useful to operationalize the “sense of beauty”, and can help identify the conditions under which one can infer that animals are acting as (aesthetic) agents. Focusing on a case study of the behavior of the Pavo (...) cristatus, I identify the types of evidence that would allow for the inference of agency through aesthetic choice. (shrink)

Sometimes we make a decision about an action we will undertake later and form an intention, but our judgment of what it is best to do undergoes a temporary shift when the time for action comes round. What makes it rational not to give in to temptation? Many contemporary solutions privilege diachronic rationality; in some “rational non-reconsideration” (RNR) accounts once the agent forms an intention, it is rational not to reconsider. This leads to other puzzles: how can someone be motivated (...) to follow a plan that is contrary to their current judgment? How can it be rational to form a plan to resist if we can predict that our judgment will shift? I show how these puzzles can be solved in a framework where there are multiple units of agency, distinguishing between the judgments of the timeslice and those of the person over time, and allowing that the timeslice can “self identify”, taking the person over time as the relevant unit of agency and doing intrapersonal team reasoning (with a different causal role for intentions than RNR accounts). On my account, resisting temptation is compatible with synchronic rationality, so synchronic and diachronic rationality are aligned. However, either resisting or succumbing to temptation can be instrumentally rational, depending on the unit of agency that is identified with. In order to show why we ought to resist temptation, we need to draw on a non-instrumental rationale. I sketch possible routes for doing this. (shrink)

We ordinarily think that we human beings have agency: we have control over our choices and make a difference to our environments. Yet it is not obvious how agency can fit into a physical world that is governed by exceptionless laws of nature. In particular, it is unclear how agency is possible if those laws are deterministic and the universe functions like a mechanical clockwork. In this short paper, I first explain the apparent conflict between agency (...) and physical determinism (referring to recent work by Helen Steward on "agency incompatibilism"), then review some salient responses one might give to this conflict, and finally sketch a response that rests on a distinction between “physical” and “agential possibilities.” Agency, I suggest, is a higher-level phenomenon, which comes with its own level-specific notion of possibility, and it cannot be adequately analyzed in physical terms alone or just through the lens of physical possibility. (The paper was written as an informal position paper for a symposium on "Possibilities".). (shrink)

Algorithm Decision Making (ADM) systems designed to augment or automate human decision-making have the potential to produce better decisions while also freeing up human time and attention for other pursuits. For this potential to be realised, however, algorithmic decisions must be sufficiently aligned with human goals and interests. We take a Principal-Agent (P-A) approach to the questions of ADM alignment and trust. In a broad sense, ADM is beneficial if and only if human principals can trust algorithmic agents (...) to act faithfully on their behalf. This mirrors the challenge of facilitating P-A relationships among humans, but the peculiar nature of human-machine interaction also raises unique issues. The problem of asymmetric information is omnipresent but takes a different form in the context of ADM. Although the decision-making machinery of an algorithmic agent can in principle be laid bare for all to see, the sheer complexity of ADM systems based on deep learning models prevents straightforward monitoring. We draw on literature from economics and political science to argue that the problem of trust in ADM systems should be addressed at the level of institutions. Although the dyadic relationship between human principals and algorithmic agents is our ultimate concern, cooperation at this level must rest against an institutional environment which allows humans to effectively evaluate and choose among algorithmic alternatives. (shrink)

A key assumption fuelling optimism about the progress of Large Language Models (LLMs) in modelling the world is that the truth is systematic: true statements about the world form a whole that is not just consistent, in that it contains no contradictions, but cohesive, in that the truths are inferentially interlinked. This holds out the prospect that LLMs might rely on that systematicity to fill in gaps and correct inaccuracies in the training data: consistency and cohesiveness promise to facilitate progress (...) towards comprehensiveness in an LLM’s representation of the world. However, philosophers have identified reasons to doubt that the truth is systematic across all domains of thought, arguing that in normative domains, in particular, the truth is not necessarily systematic. I argue that insofar as the truth in normative domains is asystematic, this renders it correspondingly harder for LLMs to make progress, because they cannot rely on the consistency and cohesiveness of the truth to work towards comprehensiveness. And the less LLMs can rely on the systematicity of truth, the less we can rely on them to do our practical deliberation for us, as there is correspondingly more of a role for human agency in navigating asystematic normative domains. (shrink)

When I feel an urge to make a decision/choice, this urge is an emotion in my mind. If this urge/emotion is weakened (by myself/others) intentionally/unintentionally, then I will postpone the decision/choice making process. When I evaluate all possible options for the decision/choice, each option triggers an urge/emotion in my mind. These urges/emotions fight with each other in my mind, until one of them becomes dominated. And then I will choose the option represented by that dominated urge/emotion. (...) If an urge/emotion (which represents an option) is weakened (by myself/others) intentionally/unintentionally, then I will ignore the option (represented by that urge/emotion). (shrink)

The received wisdom on ability modals is that they differ from their epistemic and deontic cousins in what inferences they license and better receive a universal or conditional analysis instead of an existential one. The goal of this paper is to sharpen the empirical picture about the semantics of ability modals, and to propose an analysis that explains what makes the can of ability so special but that also preserves the crucial idea that all uses of can share a common (...) lexical semantics. The resulting framework combines tools and techniques from dynamic and inquisitive semantics with insights from the literature of the role of agency in deontic logic. It explains not only why the can of ability, while essentially being an existential modal operator, sometimes resists distribution over disjunction and interacts with its duals in particular and hitherto unnoticed ways, but also has a tendency to license free choice inferences. (shrink)

This article discusses the notion of rationality and agency in Fernando Broncano's Racionalidad, Acción y Opacidad (2017). In this book, contradicting the apriorist normative theses or simple naturalistic descriptivism, Broncano argues that rationality is something that is directly associated with our ordinary practices of evaluating the judgments, actions and decisions of others. “Rationality” should be considered as a term we use as an intellectual qualifier or as a virtue we bestow on people who can make theoretical and practical decisions (...) autonomously. Thus, rationality would not be an a priori condition for someone to become a person or a capacity to eliminate the turbulence of human cognitive and moral precariousness, but a form of involvement in the world that positively qualifies the organism that relates thought and action, judgment and choice in the search for lucidity in an uncertain world. With this, rationality and agency would be products of the social interdependence that one has in relation to the other, since we learn it and teach it in the context of natural life. This article is organized in three sections: in the first section I make a very brief presentation of one of the aspects of the problem that has motivated the philosophical discussion on rationality and agency; in the second section, I present my understanding of the themes developed in Racionalidad, Acción y Opacidad, their internal structure and, of course, their central thesis; in the third section, I specifically discuss the theme that the normativity of rationality arises from our dialectical encounter with other people and make personal considerations on the value and scope of the arguments constructed in this book. (shrink)

John Harris recently argues that the moral bioenhancement proposed by Persson and Savulescu can damage moral agency by depriving the recipients of their freedom to fall (freedom to make wrongful choices) and therefore should not be pursued. The link Harris makes between moral agency and the freedom to fall, however, implies that all forms of moral enhancement, including moral education, that aim to make the enhancement recipients less likely to “fall” are detrimental to moral agency. In this (...) paper, I present a new moral agency-based critique against the moral bioenhancement program envisaged by Persson and Savulescu. I argue that the irresistible influences exerted by the bioenhancement program harms our capabilities for conducting accurate self-reflection and forming decisions that truly express our will, which subsequently undermine our moral agency. (shrink)

Religious dietary practices foster a sense of communal identity, certainly, but traditionally they are also regarded as pleasing to God (or the gods, or the ancestors) and spiritually beneficial. In other words, for many religious people, the effects of fasting go well beyond what is immediately observed or empirically measurable, and that is a large part of what motivates participation in the practice. The goal of this chapter is to develop that religious way of thinking into a response to a (...) motivational problem that arises from our awareness of the insensitivity of contemporary food supply chains. If someone can have faith, or at least tenacious hope, that the significance of her food choices goes well beyond what is immediately observed or empirically measurable, then she may be less demoralized by the apparent inefficacy of those choices. The chapter concludes by considering a way in which this broadly religious way of thinking might be available to secular people as well. (shrink)

Both the genetic endowment we have been equipped with, and the environment we had to be born and raised in, were not – and never are – for us to choose; both are pure luck, a random ticket in this enormously inventive cosmic lottery of existence. If it is luck that has makes us the persons we are, and since our decisions and choices depend largely on the kind of persons we are, it seems that everything we do or fail (...) to do may only be attributed to luck. This paper focuses on criminal behavior, with special emphasis on Tarde’s and Lombroso’s views, to discuss free will and agency, and their interplay with moral luck, that is, the fixed boundaries set by our nature and the circumstances that surround us. (shrink)

LLMs have dramatically improved in capabilities in recent years. This raises the question of whether LLMs could become genuine agents with beliefs and desires. This paper demonstrates an in principle limit to LLM agency, based on their architecture. LLMs are next word predictors: given a string of text, they calculate the probability that various words can come next. LLMs produce outputs that reflect these probabilities. I show that next word predictors are exploitable. If LLMs are prompted to make probabilistic (...) predictions about the world, these predictions are guaranteed to be incoherent, and so Dutch bookable. If LLMs are prompted to make choices over actions, their preferences are guaranteed to be intransitive, and so money pumpable. In short, the problem is that selecting an action based on its potential value is structurally different then selecting the description of an action that is most likely given a prompt: probability cannot be forced into the shape of expected value. The in principle exploitability of LLMs raises doubts about how agential they can become. This exploitability also offers an opportunity for humanity to safely control such AI systems. (shrink)

In recent years, philosophers have identified a number of moral and psychological harms associated with the attention economy (Alysworth & Castro, 2021; Castro & Pham, 2020; Williams, 2018). Missing from many of these accounts of the attention economy, however, is what exactly attention is. As a result of this neglect of the cognitive science of attention, many of these accounts are not empirically credible. They rely on oversimplified and unsophisticated accounts of not only attention, but self- control, and addiction as (...) well. Of note are accounts of the attention economy that rely on the ‘brain disease’ rhetoric of addiction and subsequent control failures (Aylsworth & Castro, 2021; Bhargava & Velasquez, 2021), accounts that rely on a strict dichotomy of top-down vs. bottom-up attention (Williams, 2018; Aylsworth & Castro, 2021), and accounts that construe attention as a limited resource (Williams, 2018). -/- Drawing on recent work from the neuroscience and psychology of attention, I demonstrate the shortcomings of these accounts and sketch a way forward for an empirically grounded account of the attention economy. These accounts tend to uphold strict dichotomies of voluntary control (e.g., compulsion versus choice, dual-process models of self-control, and top-down versus bottom-up) that cannot account for the complexities of attentional control, mental agency, and decision-making. As such, these empirically and conceptually impoverished accounts cannot adequately address the current so-called crisis of attention. To better understand the harms associated with the attention economy, we need an empirically responsible account of the nature and function of attention and mental agency. (shrink)

Many find it reasonable to take our past actions into account when making choices for the future. In this paper, I address two important issues regarding taking past investments into account in prudential deliberation. The first is the charge that doing so commits the fallacy of honoring sunk costs. I argue that while it is indeed irrational to care about sunk costs, past investments are not sunk costs when we can change their teleological significance, roughly their contribution to our (...) excellence as temporally extended, reasons-responsive, and goal-directed agents. I suggest some general principles for evaluating such significance. Second, it’s a live issue whether we should care about the fate of our past projects, even if we can now affect it. I reject Dale Dorsey’s recent answer, and argue that the puzzle he addresses turns out to be merely apparent, if we take seriously the fact that we are temporally extended. (shrink)

Epistemic analyses of stereotyping describe how they lead to misperceptions and misunderstandings of social actors and events. The analyses have tended so far to focus on how people acquire stereotypes and/or how the stereotypes lead to distorted perceptions of the evidence that is available about individuals. In this chapter, I focus instead on how the stereotypes can generate misleading evidence by influencing the policy preferences of people who harbour the biases. My case study is stereotypes that relate to people living (...) in poverty. I show how these stereotypes influence policy choices in ways that generate misleading evidence about people living in poverty. I argue that the stereotypes generate the misleading evidence by supporting policies that restrict the agency of the people in poverty. In generating this misleading evidence, the stereotypes place additional constraints on the epistemic agency of everyone, making it harder for anyone, including those who do and those who do not endorse the stereotypes, to gain true beliefs about people living in poverty. Going forward, I conclude, adequate epistemic analyses of stereotyping ought to be more expansive, acknowledging both the way that stereotypes generate misleading evidence by constraining the agency of those stereotyped, and how we can all thereby be epistemically constrained by the stereotypes harboured by others. (shrink)

This article reviews the reasons scholars hold that driverless cars and many other AI equipped machines must be able to make ethical decisions, and the difficulties this approach faces. It then shows that cars have no moral agency, and that the term ‘autonomous’, commonly applied to these machines, is misleading, and leads to invalid conclusions about the ways these machines can be kept ethical. The article’s most important claim is that a significant part of the challenge posed by AI-equipped (...) machines can be addressed by the kind of ethical choices made by human beings for millennia. Ergo, there is little need to teach machines ethics even if this could be done in the first place. Finally, the article points out that it is a grievous error to draw on extreme outlier scenarios—such as the Trolley narratives—as a basis for conceptualizing the ethical issues at hand. (shrink)

This paper investigates two puzzles in practical reason and proposes a solution to them. First, sometimes, when we are practically certain that neither of two alternatives is better than or as good as the other with respect to what matters in the choice between them, it nevertheless seems perfectly rational to continue to deliberate, and sometimes the result of that deliberation is a conclusion that one alternative is better, where there is no error in one’s previous judgment. Second, there (...) are striking differences between rational agents – some rational agents have most reason to pursue careers on Wall Street while others have most reason to take up a career in teaching, or scuba diving, or working for political causes. These differences aren’t plausibly explained by ‘passive’ facts about our psychology or their causal interaction with our environment; instead, these facts seem in some sense to ‘express who we are’. But what is this sense? These puzzles disappear if we adopt a novel view about the source of the normativity of reasons – some reasons are given to us and others are reasons in virtue of an act of will. We make certain considerations reasons through an act of will and thus sometimes make it true through an act of agency that we have most reason to do one thing rather than another. (shrink)

In this article I discuss one of the most significant areas of bioethical interest, which is the problem of moral enhancement. Since I claim that the crucial issue in the current debate on human bioenhancement is the problem of agency, I bring out and examine the conditions of possibility of self-understanding, acting subjects attributing responsible authorship for their actions to themselves. I shall argue that the very idea of moral enhancement, properly understood, fails to justify the claims that enhancing (...) the “biological” factor that plays a part in the process of making moral choices, whether through biomedical or genetic interventions, will actually increase the probability of having “morally better future motives”. (shrink)

Resolving to finish reading a novel, staying true to your punk style, or dedicating your life to an artistic project: these are examples of aesthetic commitments. I develop an account of the nature of such commitments, and I argue that they are significant insofar as they help us manage the temporally extended nature of our aesthetic agency and our relationships with aesthetic objects. At the same time, focusing on aesthetic commitments can give us a better grasp on the nature (...) of aesthetic normativity; this is because, in making aesthetic commitments, we are capable of giving aesthetic concerns the weight of obligation. I argue that appealing to aesthetic commitments allows us to account for the existence of aesthetic obligations as well as their grounding. I conclude by arguing that, although the aesthetic domain is a domain of play and freedom of choice, there is nevertheless an important place in it for both aesthetic commitments and the aesthetic obligations they generate. (shrink)

ABSTRACT: I argue that there is no evidence that Epicurus dealt with the kind of free-will problem he is traditionally associated with; i.e. that he discussed free choice or moral responsibility grounded on free choice, or that the "swerve" was involved in decision processes. Rather, for Epicurus, actions are fully determined by the agent's mental disposition at the outset of the action. Moral responsibility presupposes not free choice but that the person is unforced and causally responsible for (...) the action. This requires the agent's ability to influence causally, on the basis of their beliefs, the development of their behavioral dispositions. The "swerve" was intended to explain the non-necessity of agency without undermining Epicurus' atomistic explanation of the order in the universe, viz. by making the mental dispositions of adults non-necessary. (shrink)

Formal views of autonomy rule out substantive rational capacities (reasons-responsiveness) as a condition of autonomous agency. I argue that such views face a number of underappreciated problems: they have trouble making sense of how autonomous agents could be robustly responsible for their choices, face the burden of explaining why there should be a stark distinction between the importance of factual and evaluative information within autonomous agency, and leave it mysterious why autonomy is the sort of thing that (...) has value and ought to be promoted. Moreover, I argue that the alternative view that includes substantive rational capacities need not have the unacceptable political implications it is sometimes thought to have. (shrink)

According to one influential view, requirements to elicit consent for medical interventions and other interactions gain their rationale from the respect we owe to each other as autonomous, or self-governing, rational agents. Yet the popular presumption that consent has a central role to play in legitimate intervention extends beyond the domain of cases where autonomous agency is present to cases where far from fully autonomous agents make choices that, as likely as not, are going to be against their own (...) best interest. The question how we should understand the rationale for eliciting consent in this range of ‘non-ideal’ cases is comparatively ill understood. In this paper, I explore the prospects of accounting for consent requirements in such ‘non-ideal’ cases by appealing to a set of agency-based interests; including an interest in playing a meaningful part in joint decisions affecting ourselves and others. (shrink)

Forgiveness is clearly an important aspect of our moral lives, yet surprisingly Kant, one of the most important authors in the history of Western ethics, seems to have very little to say about it. Some authors explain this omission by noting that forgiveness sits uncomfortably in Kant’s moral thought: forgiveness seems to have an ineluctably ‘elective’ aspect which makes it to a certain extent arbitrary; thus it stands in tension with Kant’s claim that agents are autonomous beings, capable of determining (...) their own moral status through rational reflection and choice. Other authors recognise that forgiveness plays a role in Kant’s philosophy but fail to appreciate the nature of this duty and misrepresent the Kantian argument in support of it. This paper argues that there is space in Kant’s philosophy for a genuine theory of forgiveness and hopes to lay the grounds for a correct interpretation of this theory. I argue that from a Kantian perspective, forgiveness is not ‘elective’ but, at least in some cases, morally required. I claim that, for Kant, we have an imperfect duty of virtue to forgive repentant wrongdoers that have embarked on a project of self-reflection and self-reform. I develop a novel argument in support of this duty by drawing on Kant’s theory of rational agency, the thesis of radical evil, Kant’s theory of moral development, and the formula of humanity. However, it must be noted that this is a conditional duty and Kant’s position also entails that absence of repentance on the part of the wrongdoer should be taken as evidence of a lack of commitment to a project of self-reflection and self-reform. In such cases, Kant claims, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. I argue that this duty should be understood as one of the duties of self-esteem, which involves the duty to respect and recognise our own dignity as rational beings. (shrink)

In the light of a study of the di erence between political actors and ordinary citizens as language users, and based on three moral arguments (consequence-based, recognition-based, and complicity-based), we propose that democratic representatives have an imperfect duty to use gender-fair-language in their public communication. In the case of members of the executive, such as ministries, prime ministries, and presidents, such an imperfect duty could also be justi ed on democratic grounds. Their choice of using a gender-unfair language, we (...) argue, can cast doubts on the fundamental democratic commitment to respect the agency of all present and future citizens as potential participants in the law-making process. (shrink)

The prevalent views of animal liberty among animal advocates suggest that liberty is merely instrumentally valuable and invasive paternalism is justified. In contrast to this popular view, I argue that liberty is intrinsically good for animals. I suggest that animal well-being is best accommodated by an Objective List Theory and that liberty is an irreducible component of animal well-being. As such, I argue that it is good for animals to possess liberty even if possessing liberty does not contribute towards their (...) subjective well-being, and even in some cases where it has a negative effect upon their subjective well-being. To establish this view I argue that if animals are agents, as I assume they are, then like humans they must be able to determine the course of their own lives (to some extent). Further, having the opportunity to self-determine one’s life just is the very same thing as liberty, and having the opportunity to determine the course of one’s life is intrinsically good. Thus liberty has intrinsic value for humans and animals. So, in addition to the instrumental harms of having one’s liberty restricted, I claim that restricting animals’ liberty in principle harms them because it undermines their capacity for self-determination and fails to acknowledge their authority as agents to make their own choices. (shrink)

According to a Kantian conception truthfulness is characterised as a requirement of respect for the agency of another. In lying we manipulate the other’s rational capacities to achieve ends we know or fear they may not share. This is paradigmatically a failure of respect. In this paper we argue that the importance of truthfulness also lies in significant part in the ways in which it supports our agential need to make sense of the world, other people, and ourselves. Since (...) sense-making is something we do together, and that we can support or undermine, it generates norms of interaction that constitute a further, distinct, mode of recognition and respect for another’s agency. But the requirements of truthfulness and support for sense-making sometimes conflict. Through a series of cases, we analyze why and when a rigid insistence on truthfulness is disrespectful of the other and undermining of their agency. (shrink)

Where artificial agents are not liable to be ascribed true moral agency and responsibility in their own right, we can understand them as acting as proxies for human agents, as making decisions on their behalf. What I call the ‘Moral Proxy Problem’ arises because it is often not clear for whom a specific artificial agent is acting as a moral proxy. In particular, we need to decide whether artificial agents should be acting as proxies for low-level agents — (...) e.g. individual users of the artificial agents — or whether they should be moral proxies for high-level agents — e.g. designers, distributors or regulators, that is, those who can potentially control the choice behaviour of many artificial agents at once. Who we think an artificial agent is a moral proxy for determines from which agential perspective the choice problems artificial agents will be faced with should be framed: should we frame them like the individual choice scenarios previously faced by individual human agents? Or should we, rather, consider the expected aggregate effects of the many choices made by all the artificial agents of a particular type all at once? This paper looks at how artificial agents should be designed to make risky choices, and argues that the question of risky choice by artificial agents shows the moral proxy problem to be both practically relevant and difficult. (shrink)

This paper asks how Kant’s mature theory of freedom handles an objection pertaining to chance. This question is significant given that Kant raises this criticism against libertarianism in his early writings on freedom before coming to adopt a libertarian view of freedom in the Critical period. After motivating the problem of how Kant can hold that the free actions of human beings lack determining grounds while at the same maintain that these are not the result of ‘blind chance,’ I argue (...) that Kant’s Critical doctrine of transcendental idealism, while creating the conceptual space’ for libertarian freedom, is not intended to provide an answer to the problem of chance with respect to our free agency. I go on to show how the resources for a refutation of chance only come about in the practical philosophy. In the 2nd Critique, Kant famously argues for the reality of freedom on the basis of our consciousness of the moral law as the law of a free will. However, Kant also comes to build into his account of the will a genuine power of choice, which involves the capacity to deviate from the moral law. I conclude by showing that this apparent tension can be resolved by turning to his argument for the impossibility of a diabolical will. This involves a consideration of the distinct kind of grounding relationship that practical laws have to the human will, as well as the way that transcendental idealism makes this possible. (shrink)

Imagine you are the CEO of a hospital [. . .]. Decisions are constantly being made in your organization about how to spend the organization's money. The amount of money available to spend is never adequate to pay for everything you wish you could spend it on, therefore you must set spending priorities. There are two questions you need to be able to answer . . . How should we set priorities in this organization? How do we know when we (...) are doing it well? When people seek to achieve good public policy, the result will tend to be good public policy. In a collective choice process, public‐spirited individual participants produce good public policy by deliberating—talking with each other, listening to each other's arguments, and being willing to learn and change their minds based on such dialogue. –Steven Kelman (1992: 181) Public policy scholars agree that those persons (or agencies) vested with the authority to establish health care priorities should elicit public input before making rationing decisions. The two most common approaches are (i) consultation and (ii) deliberation. Though deliberation has obvious advantages over consultation, it falters in the face of the objection that ordinary citizens lack the cognitive resources for the extended, rigorous inquiry required of them in undertaking the priority‐setting task. To overcome this objection, I propose that deliberative forums for health care rationing should be designed so that they imitate the natural pattern of human experience. The experience of deliberation should encompass both prolonged periods of less‐demanding cognitive activity, in which citizens passively receive information, and briefer periods of more‐demanding cognitive activity, in which they engage in active problem‐solving. In arguing for this thesis, I rely on two theoretical sources and one practical case study, in the following order: (i) John Dewey's metaphysics of experience, (ii) cognitive science research on schemas and frames, and (iii) the Health Care Council in São Paulo, Brazil. (shrink)

Some have claimed that moral bioenhancement undermines freedom and authenticity – thereby making moral bioenhancement problematic or undesirable – whereas others have said that moral bioenhancement does not undermine freedom and authenticity – thereby salvaging its ethical permissibility. These debates are characterized by a couple of features. First, a positive relationship is assumed to hold between these agency-related concepts and the ethical permissibility of moral bioenhancement. Second, these debates are centered around individualistic conceptions of agency, like free (...) choice and authenticity, which hail from an atomistic tradition of autonomy. My view is that emphasizing individualistic conceptions of autonomy do not provide particularly strong foundations on which to argue about the issue of the permissibility of moral bioenhancement. This is because individualistic autonomy is not the kind of agency-related consideration we ought to value. Instead, I propose that we investigate the relationship between moral bioenhancement and a more relational kind of autonomy. Focusing on this latter relationship, on my view, clarifies the potential for moral bioenhancement to support or enhance people’s autonomy. (shrink)

Most right-libertarians deny the permissibility of government redistribution, referring to the inviolability of private property rights. In a rare exception, Eric Mack offers a right-libertarian argument for luck sufficientarianism based on the catastrophe clause. In this view, people who find themselves in trouble through no fault of their own may violate someone else’s property rights in minor ways to save their own lives. But since a literal interpretation of this clause makes property rights too uncertain, Mack proposes a system of (...) redistribution that will protect people from dire circumstances. As it only applies to those who find themselves in poverty through no fault of their own, Mack’s argument rules out a basic income. However, one can combine Mack’s argument with basic income by arguing that responsibility-insensitive sufficientarianism is superior to luck sufficientarianism. First, luck sufficientarianism allows for the counterintuitive conclusion that people who have made mistakes in their lives do not deserve help from the rest of the community, even if they are engaged in some socially important activity. Second, luck sufficientarianism unduly interferes with people’s private lives to distinguish between deserving and undeserving recipients of social assistance, and inevitably excludes some deserving recipients from the pool of recipients. Third, a condition for holding people responsible for their choices is that they have agency. But maintaining agency requires the presence of some kind of material resources that would protect people from the fear and stress associated with poverty. Thus, responsibility-insensitive sufficientarianism is superior to luck sufficientarianism as an interpretation of the catastrophe clause. And within a libertarian framework, this requires introducing a basic income. First, a basic income technically guarantees everyone protection from extreme poverty and destitution. Second, a basic income guarantees everyone autonomy in how they manage their resources. Third, a basic income does not require means testing and is therefore responsibility-insensitive. Mack’s catastrophe clause therefore offers a right-libertarian argument for a basic income. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)