_Kant’s Reason_ (2023) is an excellent study that develops an original set of interpretive claims and shows their relevance for contemporary theories of rationality. At the core of Karl Schafer’s project is the following thesis: that Kant’s account of reason is unified as a power of comprehension in both its theoretical and practical activities. The aim of my paper is to examine this thesis against Kant’s doctrine of the Highest Good. In §1, I question some claims Schafer makes about the (...) Highest Good. Then, in §2 and §3, I consider how we might develop a more detailed reading of this doctrine along the lines of Schafer’s project. §4 concludes. (shrink)

It is commonly held that since non-human animals are not persons, they are not objects of due regard and care in the same way that humans are. But how might we begin to think about recognizing animals as persons? This chapter attempts to reconstruct an answer by drawing on the resources of the Pātañjalayogaśāstra (the Yoga Sūtras of Patañjali, 200-400 CE). Animals are persons from the perspective of this tradition, and so animals are proper objects of due regard and care. (...) According to classical Yoga philosophy, however, this form of recognition is not easy to attain. The discerning insight that allows one to “see” the personhood of other living beings requires a discipline of attention, one that constitutes the practice of yoga itself. (shrink)

Despite being a common phenomenon with significant consequences on our everyday life, strikes (and direct actions in general) are still relatively undertheorized in the philosophical literature. Our paper has a specific focus that is best encapsulated in a question: What is the relationship between liberalism and the right to strike? Liberalism’s cornerstone is the idea that rights and liberties of individuals are of supreme political importance. Rights and liberties, however, are not created equal. The basic liberties are those that are (...) so politically important that legal restrictions upon them are unjustified unless to protect other basic liberties within an overall scheme of liberties, such as under a bill of rights. So, our question becomes: Is the right to strike a basic liberty? Two ongoing disputes are relevant here. The ‘older’ debate concerns the status of economic liberties and their relation to the right to strike. We will focus on a ‘newer’ discussion because it poses a challenge to liberalism itself. Namely, some ‘radical’ critics of liberalism (Gourevitch, Raekstad and Rossi) have argued that there are rights that involve coercing others, exercised during strikes or engagement in other direct action, that do not qualify as liberal basic liberties and that can sometimes take normative precedence over the liberal basic liberties. This criticism, if correct, defeats liberalism. Notice, though: since the weighing of different particular basic liberties against each other in an overall scheme of liberty is integral to high liberalism, the genuine threat that the radical critique poses stems not from the second conjunct (which its proponents have defended) but from its first (which they have merely assumed). For, if (contrary to what the radical work assumes) the right to engage in coercive strike action is a liberal basic liberty then it can, at least in principle, win out over other basic liberties, within an overall scheme of liberties, in situations of prima facie moral conflict. Raekstad and Rossi extend the radical critique, beyond the case of coercive strikes, to other forms of direct action (outside of industrial disputes) that have avowedly moral or political goals. These could include workplace occupations, street blockades, hacktivism, counter-economics, tax resistance and more. In the paper we argue that the ‘radicals’ are not entitled to the assumption that the right to strike is not a liberal basic liberty. Moreover, we suggest, high liberalism has the resources to accommodate not only a general right to engage in non-coercive strike action, but also the right to engage in some forms of coercive direct action, whether as part of an industrial dispute or not. More precisely, we show that liberalism has the resources to accommodate not only (i) a general right to engage in non-coercive strike action, but also (ii) the right to engage in some forms of coercive direct action, whether (iii) as part of an industrial dispute or (iv) not. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

One of the most controversial issues to emerge in recent studies of Fichte concerns the status of his normative ethics, i.e., his theory of what makes actions morally good or bad. Scholars are divided over Fichte’s view regarding the ‘final end’ of moral striving, since it appears this end can be either a specific goal permitting maximizing calculations (the consequentialist reading defended by Kosch 2015), or an indeterminate goal permitting only duty-based decisions (the deontological reading defended by Wood 2016). While (...) I think each interpretive position contains an element of truth, my aim in this paper is to defend a third alternative, according to which Fichte’s normative ethics presents us with a unique form of social perfectionism. (shrink)

Kant’s doctrine of the Fact of Reason is one of the most perplexing aspects of his moral philosophy. The aim of this paper is to defend Kant’s doctrine from the common charge of dogmatism. My defense turns on a previously unexplored analogy to the notion of ‘matters of fact’ popularized by members of the Royal Society in the seventeenth century. In their work, ‘facts’ were beyond doubt, often referring to experimental effects one could witness first hand. While Kant uses the (...) German equivalent in different contexts, I argue that the scientific analogy opens up a new framework for interpreting his strategy of justification in the Critique of Practical Reason. In the final section, I address a few possible objections to my reading, one of which I anticipate coming from Dieter Henrich and Ian Proops, who have argued that Kant’s Fact of Reason is best understood under a legal analogy. (shrink)

Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would (...) produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed. (shrink)

Abstract: In recent work Stephen Darwall has attacked what he calls J. G. Fichte's ‘voluntarist’ thesis, the idea—on Darwall's reading—that I am bound by obligations of respect to another person by virtue of my choice to interact with him. Darwall argues that voluntary choice is incompatible with the normative force behind the concept of a person, which demands my respect non-voluntarily. He in turn defends a ‘presuppositional’ thesis which claims that I am bound by obligations of respect simply by recognizing (...) the other as a person. In this paper I argue Darwall has misidentified the voluntary element in Fichte's account (sections 4–5). This requires me first to explain what Fichte's voluntarism really consists in (sections 1–3), and I suggest an apparent ambiguity in Fichte's position is responsible for Darwall's misreading. Clarifying this ambiguity, however, exposes some limitations to Darwall's thesis, and I end by discussing what those limitations are and what we can learn from them (sections 6–8). (shrink)

This chapter examines the place of India in eighteenth-century debates over the chronology of human history. It begins with Voltaire, who strategically praised ancient Brahmanic religion for upholding a pure form of monotheism and an equally pure form of morality. Voltaire’s aim was to upset the primacy assigned to the Mosaic tradition foundational to the Catholic church. The chapter then turns to Herder and his effort to improve upon the historical methods of Voltaire. While Herder is often considered to have (...) developed positive views toward ancient Indian culture, the chapter shows that his commitment to a biblical chronology was consistent throughout his career. (shrink)

I propose a construal of aesthetic value that gives us reason to emphasize some aesthetic practices over others. This construal rests on the existence of a central aesthetic value, namely apprehension-testing intricacy within an appropriate domain. I address three objections: the objection that asks how an aesthetic value based on intricacy can account for the value of minimalism; the objection that asks about the difference between intricacy within a medium and intricacy between media; and the objection that asks about the (...) danger of a regress. I then say that, although this central aesthetic value can in principle allow us to adjudicate between aesthetic practices, we have epistemic limits (about the potential of certain artistic domains to allow for apprehension-testing intricacy) that prevent adjudication in some cases. Even if there is a difference between the vastness of the potential-intricacy-fields somewhere down the line, it is too far for us to see. (shrink)

It is well known that Kant seeks to discredit rational psychology on the grounds that we cannot access the nature of the soul by reflecting upon the ‘I think’ of self-consciousness. What is far less understood, however, is why Kant still believes the theorems of rational psychology are analytically true insofar as they represent the ‘I’ through the categories of substance, reality, unity, and existence. Early post-Kantian thinkers like Fichte would abandon this restriction and approach the concept of the ‘I’ (...) instead through the category of community or reciprocal interaction. The result was nothing less than a radical shift in thinking about persons after Kant, yet in a way that would bear a striking affinity to the substance monism of Spinoza. The aim of this chapter is to trace the origin of this shift and its aftermath in Fichte’s effort to defend a new conception of the ‘I’. (shrink)

A self-fulfilling prophecy is, roughly, a prediction that brings about its own truth. Although true predictions are hard to fault, self-fulfilling prophecies are often regarded with suspicion. In this article, we vindicate this suspicion by explaining what self-fulfilling prophecies are and what is problematic about them, paying special attention to how their problems are exacerbated through automated prediction. Our descriptive account of self-fulfilling prophecies articulates the four elements that define them. Based on this account, we begin our critique by showing (...) that typical self-fulfilling prophecies arise due to mistakes about the relationship between a prediction and its object. Such mistakes—along with other mistakes in predicting or in the larger practical endeavor—are easily overlooked when the predictions turn out true. Thus we note that self-fulfilling prophecies prompt no error signals; truth shrouds their mistakes from humans and machines alike. Consequently, self-fulfilling prophecies create several obstacles to accountability for the outcomes they produce. We conclude our critique by showing how failures of accountability, and the associated failures to make corrections, explain the connection between self-fulfilling prophecies and feedback loops. By analyzing the complex relationships between accuracy and other evaluatively significant features of predictions, this article sheds light both on the special case of self-fulfilling prophecies and on the ethics of prediction more generally. (shrink)

Schiller was one of many early post-Kantians who wrestled with Kant’s doctrine of radical evil, a doctrine that continues to puzzle commentators today. Schiller’s own explanation of why we are prone to pursue happiness without restriction is, I argue, subtle and multilayered: it offers us a new genealogy of reflective agency, linking our tendency to egoism to the first emergence of reason within human beings. On the reading I defend, our drive for the absolute does not lead us directly to (...) moral autonomy; rather, it misleads us to seek the absolute in the field of our own impulses and inclinations. However, since this detour is the result of cognitive error, it involves no willful subordination of the moral law to self-love, and so nothing that bears the guilt of evil. (shrink)

One of the central questions of Jacques Derrida's later writings concerns the sources of religion. At times he gives explicit priority to the universal dimension of religion. In other places, however, he considers the primacy of faith in its concrete, historical context. This paper will clarify Derrida's relationship to universality and historicity by first comparing his notion of "messianicity without messianism" to that of Walter Benjamin's "weak Messianism." After drawing out these differences, I will focus on Derrida's later writings. I (...) will show that much of the ambiguity of Derrida's thinking on religion can be resolved by turning to his work on khōra, the Greek word for "space" or "matter." The rhetoric of khōra can allow us to think through a twofold logic, one that includes the universal/historical distinction and exceeds its alternatives. (shrink)

Owen Ware here develops and defends a novel interpretation of Fichte’s moral philosophy as an ethics of wholeness. While virtually forgotten for most of the twentieth century, Fichte’s System of Ethics is now recognized by scholars as a masterpiece in the history of post-Kantian thought and a key text for understanding the work of later German idealist thinkers. This book provides a careful examination of the intellectual context in which Fichte’s moral philosophy evolved and of the specific arguments he (...) offers in response to Kant and his immediate successors. A distinctive feature of this study is a focus on the foundational concepts of Fichte’s ethics—freedom, morality, feeling, conscience, community—and their connection to his innovative but largely misunderstood theory of drives. By way of conclusion, the book shows that what appears to be two conflicting commitments in Fichte’s ethics—a commitment to the feelings of one's conscience and a commitment to engage in open dialogue with others—are two aspects of his theory of moral perfection. The result is a sharp understanding of Fichte's System of Ethics as offering a compelling resolution to the personal and interpersonal dimensions of moral life. (shrink)

In this essay we provide (1) an argument for why ethics should be naturalized, (2) an analysis of why it is not yet naturalized, (3) a defense of ethical naturalism against two fallacies—Hume’s and Moore’s—that ethical naturalism allegedly commits, and (4) a proposal that normative ethics is best conceived as part of human ecology committed to pluralistic relativism. We explain why naturalizing ethics both entails relativism and also constrains it, and why nihilism about value is not an especially worrisome for (...) ethical naturalists. The substantive view we put forth constitutes the essence of Duke Naturalism. (shrink)

In Measuring the Immeasurable Mind: Where Contemporary Neuroscience Meets the Aristotelian Tradition, Matthew Owen argues that despite its nonphysical character, it is possible to empirically detect and measure consciousness. -/- Toward the end of the previous century, the neuroscience of consciousness set its roots and sprouted within a materialist milieu that reduced the mind to matter. Several decades later, dualism is being dusted off and reconsidered. Although some may see this revival as a threat to consciousness science aimed at (...) measuring the conscious mind, Owen argues that measuring consciousness, along with the medical benefits of such measurements, is not ruled out by consciousness being nonphysical. Owen proposes the Mind-Body Powers model of neural correlates of consciousness, which is informed by Aristotelian causation and a substance dualist view of human nature inspired by Thomas Aquinas, who often followed Aristotle. In addition to explaining why there are neural correlates of consciousness, the model provides a philosophical foundation for empirically discerning and quantifying consciousness. En route to presenting and applying the Mind-Body Powers model to neurobiology, Owen rebuts longstanding objections to dualism related to the mind-body problem. With scholarly precision and readable clarity, Owen applies an oft forgotten yet richly developed historical vantage point to contemporary cognitive neuroscience. (shrink)

Why was mythology of vital importance for the romantics? What role did mythology play in their philosophical and literary work? And what common sources of influence inspired these writers across Britain and Germany at the turn of the nineteenth century? In this wide-ranging study, Owen Ware argues that the romantics turned to mythology for its potential to transform how we see ourselves, others, and the world. Engaging with authors such as William Blake, Friedrich Schlegel, Samuel Taylor Coleridge, Friedrich von (...) Hardenberg (Novalis), and Percy Bysshe Shelley, Ware shows why they believed that neither perception nor reason alone can sustain a vision of the unity of all things. A new mode of cognition is necessary, they claimed, one that revives the poetic origin of mythology and reveals our own mythmaking powers. _Return of the Gods_ investigates the rise of mythology in the British and German traditions and the romantics’ practices of reinterpreting old myths and inventing new ones. Their shared aim was nothing less than to elevate the human imagination to higher stages of self-development in which philosophy and poetry, as well as intellect and imagination, form an integrated whole. Far from calling us to return to the past, the romantics’ work on mythology points us to a future where we can live in harmony with the personal, social, and natural worlds we inhabit. Owen Ware combines intellectual history with philosophical analysis and literary criticism to offer a bold reflection on why mythology mattered for the romantics—and why it still matters today. (shrink)

Kant is well known for claiming that we can never really know our true moral disposition. He is less well known for claiming that the injunction "Know Yourself" is the basis of all self-regarding duties. Taken together, these two claims seem contradictory. My aim in this paper is to show how they can be reconciled. I first address the question of whether the duty of self-knowledge is logically coherent (§1). I then examine some of the practical problems surrounding the duty, (...) notably, self-deception (§2). Finding none of Kant's solutions to the problem of self-deception satisfactory, I conclude by defending a Kantian account of self-knowledge based on his theory of conscience (§3). (shrink)

Despite Kant’s lasting influence on philosophical accounts of moral motivation, many details of his own position remain elusive. In the Critique of Practical Reason, for example, Kant argues that our recognition of the moral law’s authority must elicit both painful and pleasurable feelings in us. On reflection, however, it is unclear how these effects could motivate us to act from duty. As a result, Kant’s theory of moral sensibility comes under a skeptical threat: the possibility of a morally motivating feeling (...) seems incoherent. My aim in this paper is to reconstruct Kant’s theory in a way that overcomes this threat. By way of conclusion, I show how my reconstruction brings a new perspective to a long-standing dispute over intellectualist and affectivist views of moral motivation. (shrink)

We reflect on a decade of Responsible Research and Innovation (RRI) as a discourse emerging from the European Commission (EC) 10 years ago. We discuss the foundations for RRI, its emergence during the Seventh Framework programme and its subsequent evolution during Horizon 2020. We discuss how an original vision for RRI became framed around five so-called ‘keys’: gender, open access, science communication, ethics and public engagement. We consider the prospects for RRI within the context of the EC’s Open Science agenda (...) and Horizon Europe programme, before closing with some reflections on the contribution RRI has made to debates concerning the relationship between science, innovation and society over the last decade. (shrink)

This article argues that a person’s well-being at a time and the goodness of her life are two distinct values. It is commonly accepted as platitudinous that well-being is what makes a life good for the person who lives it. Even philosophers who distinguish between well-being at a time and the goodness of a life still typically assume that increasing a person’s well-being at some particular moment, all else equal, necessarily improves her life on the whole. I develop a precise (...) statement of this standard assumption, and then show that it is subject to counterexamples. The possibility of such counterexamples depends only on premises similar to those sometimes invoked to argue that a person’s well-being over a long period is not simply the aggregate well-being of the shorter periods that compose the long period. The refutation of the standard assumption linking well-being and life-goodness entails that these are distinct and sometimes divergent values. As an alternative to the standard assumption, it is proposed that well-being is best understood as an ingredient in a good life. (shrink)

Kant’s arguments for the reality of human freedom and the normativity of the moral law continue to inspire work in contemporary moral philosophy. Many prominent ethicists invoke Kant, directly or indirectly, in their efforts to derive the authority of moral requirements from a more basic conception of action, agency, or rationality. But many commentators have detected a deep rift between the _Groundwork for the Metaphysics of Morals_ and the _Critique of Practical Reason_, leaving Kant’s project of justification exposed to conflicting (...) assessments and interpretations. In this major re-reading of Kant, Owen Ware defends the controversial view that Kant’s mature writings on ethics share a unified commitment to the moral law’s primacy. Using both close analysis and historical contextualization, Owen Ware overturns a paradigmatic way of reading Kant’s arguments for morality and freedom, situating them within Kant’s critical methodology at large. The result is a novel understanding of Kant that challenges much of what goes under the banner of Kantian arguments for moral normativity today. (shrink)

We reflect on a decade of Responsible Research and Innovation (RRI) as a discourse emerging from the European Commission (EC) 10 years ago. We discuss the foundations for RRI, its emergence during the Seventh Framework programme and its subsequent evolution during Horizon 2020. We discuss how an original vision for RRI became framed around five so-called ‘keys’: gender, open access, science communication, ethics and public engagement. We consider the prospects for RRI within the context of the EC’s Open Science agenda (...) and Horizon Europe programme, before closing with some reflections on the contribution RRI has made to debates concerning the relationship between science, innovation and society over the last decade. (shrink)

This article addresses three questions about well-being. First, is well-being future-sensitive? I.e., can present well-being depend on future events? Second, is well-being recursively dependent? I.e., can present well-being depend on itself? Third, can present and future well-being be interdependent? The third question combines the first two, in the sense that a yes to it is equivalent to yeses to both the first and second. To do justice to the diverse ways we contemplate well-being, I consider our thought and discourse about (...) well-being in three domains: everyday conversation, social science, and philosophy. This article’s main conclusion is that we must answer the third question with no. Present and future well-being cannot be interdependent. The reason, in short, is that a theory of well-being that countenances both future-sensitivity and recursive dependence would have us understand a person’s well-being at a time as so intricately tied to her well-being at other times that it would not make sense to consider her well-being an aspect of her state at particular times. It follows that we must reject either future-sensitivity or recursive dependence. I ultimately suggest, especially in light of arguments based on assumptions of empirical research on well-being, that the balance of reasons favors rejecting future-sensitivity. (shrink)

Imagine you are casually browsing an online bookstore, looking for an interesting novel. Suppose the store predicts you will want to buy a particular novel: the one most chosen by people of your same age, gender, location, and occupational status. The store recommends the book, it appeals to you, and so you choose it. Central to this scenario is an automated prediction of what you desire. This article raises moral concerns about such predictions. More generally, this article examines the ethics (...) of artificial social cognition—the ethical dimensions of attribution of mental states to humans by artificial systems. The focus is presumptuous aim attributions, which are defined here as aim attributions based crucially on the premise that the person in question will have aims like superficially similar people. Several everyday examples demonstrate that this sort of presumptuousness is already a familiar moral concern. The scope of this moral concern is extended by new technologies. In particular, recommender systems based on collaborative filtering are now commonly used to automatically recommend products and information to humans. Examination of these systems demonstrates that they naturally attribute aims presumptuously. This article presents two reservations about the widespread adoption of such systems. First, the severity of our antecedent moral concern about presumptuousness increases when aim attribution processes are automated and accelerated. Second, a foreseeable consequence of reliance on these systems is an unwarranted inducement of interpersonal conformity. (shrink)

Just as humans can draw conclusions responsibly or irresponsibly, so too can computers. Machine learning systems that have been trained on data sets that include irresponsible judgments are likely to yield irresponsible predictions as outputs. In this paper I focus on a particular kind of inference a computer system might make: identification of the intentions with which a person acted on the basis of photographic evidence. Such inferences are liable to be morally objectionable, because of a way in which they (...) are presumptuous. After elaborating this moral concern, I explore the possibility that carefully procuring the training data for image recognition systems could ensure that the systems avoid the problem. The lesson of this paper extends beyond just the particular case of image recognition systems and the challenge of responsibly identifying a person’s intentions. Reflection on this particular case demonstrates the importance (as well as the difficulty) of evaluating machine learning systems and their training data from the standpoint of moral considerations that are not encompassed by ordinary assessments of predictive accuracy. (shrink)

In this article I offer a critical commentary on Jeanine Grenberg’s claim that, by the time of the second Critique, Kant was committed to the view that we only access the moral law’s validity through the feeling of respect. The issue turns on how we understand Kant’s assertion that our consciousness of the moral law is a ‘fact of reason’. Grenberg argues that all facts must be forced, and anything forced must be felt. I defend an alternative interpretation, according to (...) which the fact of reason refers to the actuality of our moral consciousness. (shrink)

The concept of respect for persons is often rejected as a basis for understanding forgiveness. As many have argued, to hold your offender responsible for her actions is to respect her as a person; but this kind of respect is more likely to sustain, rather than dissolve, your resentment toward her (Garrard & McNaughton 2003; 2011; Allais 2008). I seek to defend an alternative view in this paper. To forgive, on my account, involves ceasing to identify your offender with her (...) wrongdoing, and this requires a corresponding affective change on your behalf. While there are different ways this may happen, I argue that respect for your offender as a person can play a significant role in the process. (shrink)

It is commonly held that Kant ventured to derive morality from freedom in Groundwork III. It is also believed that he reversed this strategy in the second Critique, attempting to derive freedom from morality instead. In this paper, I set out to challenge these familiar assumptions: Kant’s argument in Groundwork III rests on a moral conception of the intelligible world, one that plays a similar role as the ‘fact of reason’ in the second Critique. Accordingly, I argue, there is no (...) reversal in the proof-structure of Kant’s two works. (shrink)

This paper offers an overview of consciousness and personal identity in eighteenth-century philosophy. Locke introduces the concept of persons as subjects of consciousness who also simultaneously recognize themselves as such subjects. Hume, however, argues that minds are nothing but bundles of perceptions, lacking intrinsic unity at a time or across time. Yet Hume thinks our emotional responses to one another mean that persons in everyday life are defined by their virtues, vices, bodily qualities, property, riches, and the like. Rousseau also (...) takes persons to be fundamentally determined by our socially-mediated emotional responses to one another, though unlike Hume or Locke, he has little interest in placing this account of persons alongside a larger discussion of the human mind and its operations. Developing this idea further, Kant argues that our moral commitments require that we must take ourselves to be free. The fundamental equality that Rousseau sought in the political order is, for Kant, a requirement that reason puts on all of us. (shrink)

A model policy for conscientious objection in medicine.

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

This paper offers a new interpretation of Kant's relationship with skepticism in the Groundwork for the Metaphysics of Morals. My position differs from commonly held views in the literature in two ways. On the one hand, I argue that Kant's relationship with skepticism is active and systematic (contrary to Hill, Wood, Rawls, Timmermann, and Allison). On the other hand, I argue that the kind of skepticism Kant is interested in does not speak to the philosophical tradition in any straightforward sense (...) (contrary to Forster and Guyer). On my reading, Kant takes up a skeptical method in the Groundwork as a way of exposing certain obstacles in our ordinary and philosophical thinking about morality. The central obstacle he is interested in is practical in character, arising from a natural tendency we have to rationalize against the moral law. In attempting to resolve this tendency, I argue, the Groundwork turns out to have a profoundly educative task. (shrink)

It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely overlooked a passage (...) in the System of Ethics where Fichte explicitly invokes Kant's doctrine of the fact of reason with approval, claiming that consciousness of the moral law grounds our belief in freedom (GA I/5:65). On the reading I defend, Fichte's invocation of the Factum is consistent with the structure of Part I when we distinguish (a) the feeling of moral compulsion from (b) the moral law itself. (shrink)

While Kant’s claim that the moral law discloses our freedom to us has been extensively discussed in recent decades, the reactions to this claim among Kant’s immediate successors have gone largely overlooked by scholars. Reinhold, Creuzer, and Maimon were among three prominent thinkers of the era unwilling to follow Kant in making the moral law the condition for knowing our freedom. Maimon went so far as to reject Kant’s method of appealing to our everyday awareness of duty on the grounds (...) that common human understanding is susceptible to error and illusion. In this paper I shall examine how these skeptical reactions to Kant’s position shaped the background for Fichte’s method of moral justification, leading up to his own deduction of the moral law in the System of Ethics. By way of conclusion, I shall propose a new interpretation of how consciousness of the moral law serves as an entry-point to Fichte’s form of idealism. (shrink)

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...) and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

Mitochondrial replacement therapy requires oocytes of women whose mitochondrial DNA will be transmitted to resultant children. These techniques are scientifically, ethically and socially controversial; it is likely that some women who donate their oocytes for general in vitro fertilisation usage would nevertheless oppose their genetic material being used in MRT. The possibility of oocytes being used in MRT is therefore relevant to oocyte donation and should be included in the consent process when applicable. In present circumstances, specific consent should be (...) obtained. However, once MRT becomes more routine, such consent could be incorporated into the general consent process for oocyte donation. The reported lack of proper consent for MRT from the oocyte donor in the first baby born via the technique is an ethical failing and should be corrected in any future practice of MRT. (shrink)

It is generally unquestioned that human subjects research review boards should assess the ethical acceptability of protocols. It says so right on the tin, after all: they are explicitly called research ethics committees in the UK. But it is precisely those sorts of unchallenged assumptions that should, from time to time, be assessed and critiqued, in case they are in fact unfounded. John Stuart Mill's objection to suppressers of dissent is instructive here: “If the opinion is right, they are deprived (...) of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error”.1 Andrew Moore and Andrew Donnelly's compelling article, “The job of ‘ethics committees’”, is just this sort of challenge to conventional wisdom, a rejection of the notion that review boards should be considering ethical matters at all.2 If true, we should be substantially reforming our research ethics policies. And if false, rebuttals would help strengthen and ground the otherwise unquestioned assumption of the role of ethics committees. As it happens, I will argue that their critiques fall into the second category. While mistaken, they present a valuable opportunity to clarify the role of ethics committees and their relationship to relevant codes. In particular, I will defend a hybrid account where codes have strict primacy, but leave significant room for review boards …. (shrink)

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...) that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes. (shrink)

Individual health assessments (IHAs) for asymptomatic individuals provide a challenge to traditional distinctions between patient care and non-medical practice. They may involve undue radiation exposure, lead to false positives, and involve high out-of-pocket costs for recipients. A recent paper (Journal of the American College of Radiology 13(12): 1447–1457.e1, 2016) has criticised the use of IHAs and argued that recipients should be classified as ‘presenters’, not ‘patients’, to distinguish it from regular medical care. I critique this classificatory move, on two grounds: (...) one, it is conceptually suspect. Two, it obviates the medical ethics framework for IHAs, potentially exposing recipients of IHAs to lower standards of oversight and protection. Responsible regulation of IHAs will be easier to ethically justify if those seeking IHAs are considered patients and not merely presenters. (shrink)

There is no question that Fichte's theory of conscience is central to his system of ethics. Yet his descriptions of its role in practical deliberation appear inconsistent, if not contradictory. Many scholars have claimed that for Fichte conscience plays a material role by providing the content of our moral obligations—the Material Function View. Some have denied this, however, claiming that conscience only plays a formal role by testing our moral convictions in any given case—the Formal Function View. My aim in (...) this paper is to offer a new contribution to this debate. I begin by supplying further evidence in support of the view that conscience only plays a formal function in Fichte's ethics. Then I call attention to a deeper problem this view faces, namely, that it invites an infinite regress by making one's conviction a matter of higher-order reflection. The key to overcoming this threat, I argue, lies in Fichte's doctrine of feeling, whereby the criterion of one's conviction lies, not in a cognitive state, but in an affective state. In closing, I discuss the relevance of Fichte's theory for current debates over the nature of moral error and moral deference. (shrink)

A response to comments by William Casebeer, Peter Railton, and Michael Ruse on "Naturalizing Ethics" (2007).

What role should legislation or policy play in avoiding the complications of in-vitro fertilization? In this article, we focus on single versus double embryo transfer, and assess three arguments in favour of mandatory single embryo transfer: risks to the mother, risks to resultant children, and costs to society. We highlight significant ethical concerns about each of these. Reproductive autonomy and non-paternalism are strong enough to outweigh the health concerns for the woman. Complications due to non-identity cast doubt on the extent (...) to which children are harmed. Twinning may offer an overall benefit rather than burden to society. Finally, including the future health costs for children in reproductive policy is inconsistent with other decisions. We conclude that mandatory single embryo transfer is not justified and that a number of countries should reconsider their current embryo transfer policy. (shrink)

Levinas never engaged closely with Fichte’s work, but there are two places in the chapter “Substitution,” in Otherwise than Being (1974), where he mentions Fichte by name. The point that Levinas underscores in both of these passages is that the other’s encounter with the subject is not the outcome of the subject’s freedom; it is not posited by the subject, as Fichte has it, but is prior to any free activity. The aim of this paper is to deepen the comparison (...) between Levinas and Fichte, giving special attention to Fichte's own novel theory of intersubjectivity and the summons. One result that emerges from this treatment is that both Levinas and Fichte view the second person in a way that has no equivalent in the current philosophical landscape. On this reading, each thinker views responsibility to the other, not only as an immediate and particular obligation, but also as an asymmetrical relation that gives the other moral priority. (shrink)

Kant’s early readers were troubled by the appearance of a dilemma facing his theory of freedom. On the one hand, if we explain human actions according to laws or rules, then we risk reducing the activity of the will to necessity (the horn of determinism). But, on the other hand, if we explain human actions without laws or rules, then we face an equally undesirable outcome: that of reducing the will’s activity to mere chance (the horn of indeterminism). After providing (...) an overview of this dilemma, this chapter explores how Fichte and Schelling attempted to resolve it, in ways that ultimately shaped the course of post-Kantian idealism in the late 1790s and early 1800s. (shrink)

Benjamin Schnieder has argued that several traditional definitions of truth-functionality fail to capture a central intuition informal characterizations of the notion often capture. The intuition is that the truth-value of a sentence that employs a truth-functional operator depends upon the truth-values of the sentences upon which the operator operates. Schnieder proposes an alternative definition of truth-functionality that is designed to accommodate this intuition. We argue that one traditional definition of ‘truth-functionality’ is immune from the counterexamples that Schnieder proposes and is (...) preferable to Schnieder’s alternative. (shrink)