This is a review of David Phillips, Sidgwick's The Methods of Ethics: A Guide. The book is a pellucid guide to Sidgwick's masterpiece which will benefit all who read it.

Henry Sidgwick taught G.E. Moore as an undergraduate at the University of Cambridge. Moore found Sidgwick’s personality less than attractive and his lectures “rather dull”. Still, philosophically speaking, Moore absorbed a great deal from Sidgwick. In the Preface to the Trinity College Prize Fellowship dissertation that he submitted in 1898, just two years after graduation, he wrote “For my ethical views it will be obvious how much I owe to Prof. Sidgwick.” Later, in Principia Ethica, Moore credited Sidgwick with having (...) “first clearly exposed the [naturalistic] fallacy” – a fallacy putatively committed when one defines naturalistically or super-naturalistically “good” – which was one of the book’s main ambitions (PE 39; also 17, 59). It is therefore unsurprising that Moore remarks in the intellectual autobiography he wrote years later that “From…[Sidgwick’s] published works…I have gained a good deal, and his clarity and his belief in Common Sense were very sympathetic to me.” This influence did not, however, prevent Moore from registering disagreements with Sidgwick, the sharpest of which concern the viability of egoism and the nature of the good. The disagreements between Sidgwick and Moore speak to many important moral theoretical issues arising both within and without the utilitarian tradition in ethical thinking. Because the two share much in common, a critical comparison of them on a range of moral philosophical questions proves instructive. It will tell us in particular something about the general direction of ethical thinking in the utilitarian tradition at the dawn of the twentieth century. This chapter has four parts. Part I compares the versions of utilitarianism to which Sidgwick and Moore subscribed. Part II examines the arguments each provides for the view. Part III discusses their conflicting theories of value. Part IV sums things up. (shrink)

This paper is dedicated to the relationship between ordinary moral thought and ethical theory in Sidgwick’s The Methods of Ethics. I suggest that different contents of ordinary moral thought play different roles and are lent different philosophical weight in Sidgwick’s arguments. I start by showing how Sidgwick appeals to certain features of ordinary moral thought, deduced from moral language and experience, both in criticising rival metaethical positions and in establishing his own claims. I then turn to the notion of (...) class='Hi'>common-sense morality. After clarifying what Sidgwick means by this expression, I argue that common-sense morality has neither probative value in Sidgwick’s argument for the utilitarian principle nor independent validity, and that its authority is ultimately motivated on utilitarian grounds. Pointing out how different contents of ordinary moral thought play different argumentative roles in the foundation and defence of Sidgwick’s utilitarianism enables to ac- count more comprehensively for Sidgwick’s arguments and moral methodology and provides with a more articulated account of the dialectic between his utilitarian theory and ordinary moral thought. (shrink)

In this essay I defend the view that Henry Sidgwick’s moral epistemology is a form of intuitionist foundationalism that grants common-sense morality no evidentiary role. In §1, I outline both the problematic of The Methods of Ethics and the main elements of its argument for utilitarianism. In §§2-4 I provide my interpretation of Sidgwick’s moral epistemology. In §§ 5-8 I refute rival interpretations, including the Rawlsian view that Sidgwick endorses some version of reflective equilibrium and the view that (...) he is committed to some kind of pluralistic epistemology. In§ 9 I contend with some remaining objections to my view. (shrink)

In this paper I discuss the role played by the ideas of ‘common sense’ and ‘common sense morality’ in Sidgwick’s system of ideas. I argue that, far from aiming at overcoming common sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the example provided by the natural sciences, in order to reach also in the moral field some body of ‘mature’ knowledge similar to that provided by (...) the natural sciences. His whole polemics with intuitionist was vitiated by the a priori assumption that the widespread ethos, not the theories of intuitionist philosophers was what was really worth considering In spite of the naïve positivist starting point Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a ‘new’ morality of a consequentialist kind, and the fruitful idea that in normative ethics we can argue rationally even though without shared foundations. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

I suggest that Kantian ethics, that is, the ethics of the mature Kant, that of Thomas Nagel, Karl-Otto Apel and Onora O'Neill, is not the caricature of an "engineering" approach in normative ethics that Lecaldano wants to fight in his war on deontological ethics. The ethics of Kant and the Neokantians can be for a consequentialist ethic a more fearsome and interesting adversary than such targets as "common-sense morality", non-existent "dogmatic intuitionism" invented by Sidgwick, non-existent "Catholic morality" that (...) Lecaldano tends to choose as privileged adversaries as if there were no more serious opponents to criticize for those who had good arguments to criticize them. (shrink)

I discuss Whewell’s philosophy of morality, as opposed to systematic morality, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such (...) rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out to be both more similar to Kantian ethics and more different from Sidgwick’s idea of intuitionism. (shrink)

I discuss the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences, in order to reach also in the domain of morality the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the apriori assumption that the widespread (...) ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was really worth considering as the expression of intuitionist ethics. In spite of the naïve positivist starting point Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. -/- . (shrink)

David Phillips’s Sidgwickian Ethics is a penetrating contribution to the scholarly and philosophical understanding of Henry Sidgwick’s The Methods of Ethics. This note focuses on Phillips’s understanding of (aspects of) Sidgwick’s argument for utilitarianism and the moral epistemology to which he subscribes. In § I, I briefly outline the basic features of the argument that Sidgwick provides for utilitarianism, noting some disagreements with Phillips along the way. In § II, I raise some objections to Phillips’s account of the epistemology underlying (...) the argument. In § III, I reply to the claim that there is a puzzle at the heart of Sidgwick’s epistemology. In § IV, I respond to Phillips’s claim that Sidgwick is unfair in his argument against the (deontological) morality of common sense. (shrink)

I argue that, given evidence of the factors that tend to distort our intuitions, ethical intuitionists should disown a wide range of common moral intuitions, and that they should typically give preference to abstract, formal intuitions over more substantive ethical intuitions. In place of the common sense morality with which intuitionism has traditionally allied, the suggested approach may lead to a highly revisionary normative ethics.

What role, if any, should our moral intuitions play in moral epistemology? We make, or are prepared to make, moral judgments about a variety of actual and hypothetical situations. Some of these moral judgments are more informed, reflective, and stable than others (call these ourconsideredmoral judgments); some we make more confidently than others; and some, though not all, are judgments about which there is substantial consensus. What bearing do our moral judgments have on philosophical ethics and the search for first (...) principles in ethics? Should these judgments constrain, or be constrained by, philosophical theorizing about morality? On the one hand, we might expect first principles to conform to our moral intuitions or at least to our considered moral judgments. After all, we begin the reflection that may lead to first principles from particular moral convictions. And some of our moral intuitions (e.g., that genocide is wrong) are more fixed and compelling than any putative first principle. If so, we might expect common moral beliefs to have an important evidential role in the construction and assessment of first principles. On the other hand, common moral beliefs often rest on poor information, reflect bias, or are otherwise mistaken. We often appeal to moral principles to justify our particular moral convictions or to resolve our disagreements. Insofar as this is true, we may expect first principles to provide a foundation on the basis of which to test common moral beliefs and, where necessary, form new moral convictions. (shrink)

According to hedonistic act utilitarianism, an act is morally right if and only if, and because, it produces at least as much pleasure minus pain as any alternative act available to the agent. This dissertation gives a partial defense of utilitarianism against two types of objections: action guidance objections and intuitive objections. In Chapter 1, the main themes of the dissertation are introduced. The chapter also examines questions of how to understand utilitarianism, including (a) how to best formulate the moral (...) explanatory claim of the theory, (b) how to best interpret the phrase "pleasure minus pain," and (c) how the theory is related to act consequentialism. The first part (Chapters 2 and 3) deals with action guidance objections to utilitarianism. Chapter 2 defines two kinds of action guidance: doxastic and evidential guidance. It is argued that utilitarianism is evidentially but not doxastically guiding for us. Chapter 3 evaluates various action guidance objections to utilitarianism. These are the objections that utilitarianism, because it is not doxastically guiding, is a bad moral theory, fails to be a moral theory, is an uninteresting and unimportant moral theory, and is a false moral theory. The second part (Chapters 4, 5 and 6) deals with intuitive objections to utilitarianism. Chapter 4 presents three intuitive objections: Experience Machine, Transplant, and Utility Monster. Three defenses of utilitarianism are subsequently evaluated. Chapter 5 and 6 introduces two alternative defenses of utilitarianism against intuitive objections, both of which concern the role that imagination plays in thought experimentation. In Chapter 5, it is argued that we sometimes unknowingly carry out the wrong thought experiment when we direct intuitive objections against utilitarianism. In many such cases, we elicit moral intuitions that we believe give us reason to reject utilitarianism, but that in fact do not. In Chapter 6, it is argued that using the right kind of sensory imagination when we perform thought experiments will positively affect the epistemic trustworthiness of our moral intuitions. Moreover, it is suggested that doing so renders utilitarianism more plausible. In Chapter 7, the contents of the dissertation are summarized. (shrink)

E. F. Carritt (1876-1964) was educated at and taught in Oxford University. He made substantial contributions both to aesthetics and to moral philosophy. The focus of this entry is his work in moral philosophy. His most notable works in this field are The Theory of Morals (1928) and Ethical and Political Thinking (1947). Carritt developed views in metaethics and in normative ethics. In meta-ethics he defends a cognitivist, non-naturalist moral realism and was among the first to respond to A. J. (...) Ayer’s emotivist challenge to this view. In normative ethics he advocates a deontological view in which there is a plurality of obligations and of non-instrumental goods. In the context of defending this view he raised some penetrating and novel criticisms of ideal utilitarianism. He held that it is not acceptable to revise our reflective common-sense moral attitudes in the face of philosophical moral theories, and that moral philosophy is only indirectly practical. (shrink)

This article examines the implications of utilitarianism for social justice, considering different cases of the trolley problems. Utilitarianism comprises a cluster of ethical theses, which have political and legal implications. In general, utilitarianism is assumed to augment the common good, such as pleasure, happiness, satisfaction, and utility, or to reduce pain, suffering, dissatisfaction, and disutility. The article investigates a key problem whether utilitarianism brings about social justice as a moral theory. In recent literature, many moral philosophers have developed several (...) thought experiments, known as trolley problems, that help understand the utilitarian applications to social justice. Philippa Foot and others formulated several thought experiments to help explain the utilitarian difference between the maximum good and the minimum loss. Considering different cases of the trolley problem, I argue that utilitarianism does not do egalitarian justice to all people because it does not eliminate unjust inequalities in society. I hold that utilitarianism is an ethical theory without an egalitarian morality. John Rawls posited a landmark theory of social justice in contrast to the utilitarian notion of social justice. Utilitarianism does not provide social justice to the few, the minority, or the weak in the social world. So, utilitarianism is an inadequate moral theory for acquiring social justice. In qualitative research methodology, I adopt a method of an empirically informed philosophical analysis to examine documentary resources, including journal papers, academic books, and conferences and congresses. (shrink)

Theoretical ethics includes both metaethics (the meaning of moral terms) and normative ethics (ethical theories and principles). Practical ethics involves making decisions about every day real ethical problems, like decisions about euthanasia, what we should eat, climate change, treatment of animals, and how we should live. It utilizes ethical theories, like utilitarianism and Kantianism, and principles, but more broadly a process of reflective equilibrium and consistency to decide how to act and be.

Now it is plain that such consequences as these conflict sharply with common-sense notions of morality. If we had been obliged to accept Psychological Egoism, in any of its narrower forms, on its merits, we should have had to say: 'So much the worse for the common-sense notions of morality!' But, if I am right, the morality of common sense, with all its difficulties and incoherences, is immune at least to attacks from the basis (...) of Psychological Egoism. (shrink)

This paper argues that Henry Sidgwick's theory of the good is a form of enlightened preference hedonism. In order to support this conclusion, the paper argues that the correct interpretation of his notorious passage about the 'ideal element' of the good should get tied to his views about weakness of the will. Sidgwick believes that reaching your own good requires overcoming weakness of the will. An applied section illustrates the practical significance of this finding. In cases in which shooting down (...) a passenger plane can save a greater number of people on the ground, and no other relevant considerations apply, the passengers should desire their own destruction-not only to promote the general good, but also in order to reach the only good they can still secure for themselves: giving their inevitable deaths a positive meaning. This utilitarian position regarding some one-versusthe-many cases has been overlooked in the German Supreme Court ruling on the destruction of 9/11 airplanes in 2006. (shrink)

According to the traditional interpretation, Aristotle’s ethics, and ancient virtue ethics more generally, is fundamentally grounded in self-interest, and so in some sense egoistic. Most contemporary ethical theorists regard egoism as morally repellent, and so dismiss Aristotle’s approach. But recent traditional interpreters have argued that Aristotle’s egoism is not vulnerable to this criticism. Indeed, they claim that Aristotle’s egoism actually accommodates morality. For, they say, Aristotle’s view is that an agent’s best interests are partially constituted by acting morally, so (...) that the virtuous person sees morality as essential to her happiness. (Call this, ‘the Constitutive Thesis’.) In this paper, I argue that the constitutive thesis is unpersuasive, both from a theoretical standpoint and (for similar reasons) as an interpretation of Aristotle. It is unpersuasive because it is much more demanding in both respects than several nonegoist alternatives. My argument builds on an objection originally offered by John McDowell. McDowell claimed (1) that the Constitutive Thesis requires that there are independent standards of self-interest that can be agreed upon in advance by all parties to the dispute, both virtuous and nonvirtuous; and (2) that there are no such standards. I argue that McDowell is mistaken. The orthodox position requires much less than McDowell claims if it makes an appeal to the distinctiveness of the virtuous person’s point of view. However, unfortunately for traditionalists, the price of this point of view defence is high. First, to be even remotely plausible, the revised orthodox view must be almost frighteningly complex. Second, once this complexity is exposed, the orthodox view is much less plausible than its major rivals, in particular those which appeal directly to moral reasons. (shrink)

In his defense of innateness in New Essays on Human Understanding (1704), Leibniz attributes innateness to concepts and principles which do not originate from the senses rather than to the ideas that we are born with. He argues that the innate concepts and principles can be known in two ways: through reason or natural light (necessary truths), and through instincts (other innate truths and principles). In this paper I will show how theoretical and moral reasoning differ from each other in (...) Leibniz, and compare moral reasoning and instincts as sources of knowledge in his practical philosophy. As the practical instincts are closely related to pleasure and passions, which are by nature cognitive, my emphasis will be on the affective character of instinctive moral action and especially deliberation which leads to moral action. I will argue that inclinations arising from moral instinct, which lead us to pleasure while avoiding sorrow, can direct our moral action and sometimes anticipate reasoning when conclusions are not readily available. Acting by will, which is related to moral reasoning, and acting by instincts can lead us to the same moral knowledge independently, but they can also complement each other. To illustrate the two alternative ways to reach moral knowledge, I will discuss the case of happiness, which is the goal of all human moral action for Leibniz. (shrink)

In order for states to fulfil their moral duties, costs must be passed to individual citizens. This paper asks how these costs should be distributed. I advocate the common-sense answer: the distribution of costs should, insofar as possible, track the reasons behind the state’s duty. This answer faces a number of problems, which I attempt to solve.

Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 The Ethics of our (...) Digital Selves (Noah Levin) -/- UNIT TWO: TORTURE, DEATH, AND THE “GREATER GOOD” 7 The Ethics of Torture (Martine Berenpas) 8 What Moral Obligations do we have (or not have) to Impoverished Peoples? (B.M. Wooldridge) 9 Euthanasia, or Mercy Killing (Nathan Nobis) 10 An Argument Against Capital Punishment (Noah Levin) 11 Common Arguments about Abortion (Nathan Nobis & Kristina Grob) 12 Better (Philosophical) Arguments about Abortion (Nathan Nobis & Kristina Grob) -/- UNIT THREE: PERSONS, AUTONOMY, THE ENVIRONMENT, AND RIGHTS 13 Animal Rights (Eduardo Salazar) 14 John Rawls and the “Veil of Ignorance” (Ben Davies) 15 Environmental Ethics: Climate Change (Jonathan Spelman) 16 Rape, Date Rape, and the “Affirmative Consent” Law in California (Noah Levin) 17 The Ethics of Pornography: Deliberating on a Modern Harm (Eduardo Salazar) 18 The Social Contract (Thomas Hobbes) -/- UNIT FOUR: HAPPINESS 19 Is Pleasure all that Matters? Thoughts on the “Experience Machine” (Prabhpal Singh) 20 Utilitarianism (J.S. Mill) 21 Utilitarianism: Pros and Cons (B.M. Wooldridge) 22 Existentialism, Genetic Engineering, and the Meaning of Life: The Fifths (Noah Levin) 23 The Solitude of the Self (Elizabeth Cady Stanton) 24 Game Theory, the Nash Equilibrium, and the Prisoner’s Dilemma (Douglas E. Hill) -/- UNIT FIVE: RELIGION, LAW, AND ABSOLUTE MORALITY 25 The Myth of Gyges and The Crito (Plato) 26 God, Morality, and Religion (Kristin Seemuth Whaley) 27 The Categorical Imperative (Immanuel Kant) 28 The Virtues (Aristotle) 29 Beyond Good and Evil (Friedrich Nietzsche) 30 Other Moral Theories: Subjectivism, Relativism, Emotivism, Intuitionism, etc. (Jan F. Jacko). (shrink)

Easy to understand philosophy papers in all areas. Table of contents: Three Short Philosophy Papers on Human Freedom The Paradox of Religions Institutions Different Perspectives on Religious Belief: O’Reilly v. Dawkins. v. James v. Clifford Schopenhauer on Suicide Schopenhauer’s Fractal Conception of Reality Theodore Roszak’s Views on Bicameral Consciousness Philosophy Exam Questions and Answers Locke, Aristotle and Kant on Virtue Logic Lecture for Erika Kant’s Ethics Van Cleve on Epistemic Circularity Plato’s Theory of Forms Can we trust our senses? Yes (...) we can Descartes on What He Believes Himself to Be The Role of Values in Science Modern Science Kant’s Moral Philosophy Plato’s Republic as Pol Potist Bureaucracy Schopenhauer on Human Suffering Bertrand Russell on the Value of Philosophy The Philosophical Value of Uncertainty Logic Homework: Theorems and Models Searle vs. Turing on the Imitation Game Hume, Frankfurt, and Holbach on Personal Freedom Manifesto of the University of Wisconsin, Madison Secular Society Michael’s Analysis of the Limits of Civil Protections Bentham and Mill on Different Types of Pleasure Set Theory Homework Aristotle on Virtue Nagel On the Hard Problem Wittgenstein on Language and Thought Camus and Schopenhauer on the Meaning of Life Camus’ Hero as Rebel without a Cause My Little Finger: Camus’ Absurdism Illustrated Are Late-term Abortions Ethical? Does Mathematics Assume the Truth of Platonism? The Self-defeating Nature of Utilitarianism and Consequentialism Generally What is The Good Life? Bentham and Mill regarding types of pleasures Kant’s Moral Philosophy Five Short Papers on Mind-body Dualism Tracy Latimer’s Father had the Right to Kill Her: Towards a doctrine of generalized self-defense Arguments Concerning God and Morality Goldman, Rousseau and von Hayek on the Ideal State J.S Mill on Liberty and Personal Freedom A Kantian Analysis of a Borderline Date-rape Situation Living Well as Flourishing: Aristotle’s Conception of the Good Life Three Essays on Medical Ethics: Answers to Exam Questions on Elective Amputation, Vaccination, and Informed Consent Hobbes, Marx, Rousseau, Nietzsche: Their Central Themes De Tocqueville on Egoism Mill vs. Hobbes on Liberty Exam-Essays on the Moral Systems of Mill, Bentham, and Kant Kant’s Moral System Aristotle on Virtue Plato’s Cave Allegory An Ethical Quandary Superorganisms The Tuskegee Experiment A Rawlsian Analysis Why Moore’s Proof of an External World Fails A Defense of Nagel’s Argument Against Materialism A Utilitarian Analysis of a Case of Theft The Paradox of the Self-aware Wretch: An Analysis of Pascal’s Moral Philosophy Jean-Paul Sartre: Decline and Fall of a Marxist Sell-out A One Page Proof of Plato’s Theory of Forms Plato’s Republic as Pol Potist Bureaucracy The problem of the one and the many Four Short Essays on Truth and Knowledge What is ‘the Good Life?’ The Ontological Argument Different Political Philosophies: Plato, Locke, Madison, Rousseau, Hayek, and Mill on the State What do I know with certainty? Skepticism about skepticism Neuroscience and Freewill Operant Conditioning What makes us special? Are Late-term Abortions Ethical? No Two Papers on Epistemology: Gettier and Bostrom Examination Nietzsche on Punishment God’s Foreknowledge and Moral Responsibility . (shrink)

The history of the political thought on pleasure is not a cloistered affair in which scholars only engage one another. In political thought, one commonly finds a critical engagement with the wider public and the ruling classes, which are both perceived to be dangerously hedonistic. The effort of many political thinkers is directed towards showing that other political ends are more worthy than pleasure: Plato battles vigorously against Calicles' pleasure seeking in the Gorgias, Augustine argues in The City of God (...) against the human tendency to hedonism in favor of a profound distrust of pleasure, and even Machiavelli claims in The Prince that it is in the prince's best interest to separate his pursuit of pleasure from his pursuit of political power. The thrust of the majority of political thought is to interrupt the popular equation that links pleasure with the good. Instead, political thought has largely followed Plato's lead and has worked to contain hedonism on two fronts. First, pleasure is rigorously separated from ethical and political good: what is good is not identical with what is pleasurable even if the two sometimes overlap. Second, even where the pursuit of pleasure is judged to be coincident with the good, pleasure should only be pursued to the degree it is rational to do so and pursued in the most rational way. Of course, it is not true that all thinkers hold to these two positions on pleasure. Epicureanism and utilitarianism are two major schools of thought that challenge the first precept equating pleasure with the good. Both Epicureanism and utilitarianism argue that the only good is pleasure. However, it is much less frequently that one finds a thinker challenging the second Platonic position that reason must master and guide our pursuit of pleasure—even the Epicureans and utilitarians believe that pleasure is best pursued rationally. However, Foucault has attracted recent attention by challenging the idea that reason should dominate the pursuit of pleasure. (shrink)

Despite the fact that common sense taxes emotions with irrationality, philosophers have, by and large, celebrated their functionality. They are credited with motivating, steadying, shaping or harmonizing our dispositions to act, and with policing norms of social behaviour. It's time to restore emotion's bad rep. To this end, I shall argue that we should expect that some of the “norms” enforced by emotions will be unevenly distributed among the members of our species, and may be dysfunctional at the (...) individual, social, moral, or even species levels. I”ll adduce three considerations in support of that pessimistic view: The fallacy of adaptive fixation, the moral randomness of group selection, and the lack of fit between “natural norms” set up by evolution and those moral and social norms we would like philosophy to justify. (shrink)

Moral luck poses a problem for out conception of responsibility because it highlights a tension between morality and lack of control. Michael Slote’s common-sense virtue ethics claims to avoid this problem. However there are a number of objections to this claim. Firstly, it is not clear that Slote fully appreciates the problem posed by moral luck. Secondly, Slote’s move from the moral to the ethical is problematic. Thirdly it is not clear why we should want to abandon judgements (...) of moral blame in favour of judgements of ethical deplorability. Finally this paper defends an alternative solution to the problem of moral luck, which focuses on judgements of probability, but which has been rejected by Slote. (shrink)

The standard analysis of supererogation is that of optional actions that are praiseworthy to perform, but not blameworthy to skip. Widespread assumptions are that action beyond the call is at least necessarily equivalent to supererogation ("The Equivalence") and that forgoing certain agent-favoring prerogatives entails supererogation (“The Corollary”). I argue that the classical conception of supererogation is not reconcilable with the Equivalence or the Corollary, and that the classical analysis of supererogation is seriously defective. I sketch an enriched conceptual scheme, “Doing (...) Well Enough (DWE)”, that allows for distinct analyses of action beyond the call and supererogation, among other often neglected fundamental moral notions. Parallels and asymmetries with suberogation are briefly explored. Apparently, DWE’s core act-evaluative notions are more fundamental than the agent-evaluative ones of supererogation/suberogation. (shrink)

The paradox of hedonism is the idea that intrinsically desiring nothing other than pleasure can prevent one from obtaining pleasure. In this article, I show how the paradox of hedonism can be used as the basis for an objection against hedonism about well-being, and one that is more defensible than has been commonly recognized. Moreover, I argue that the challenge presented by the paradox can be used to target not only hedonism about well-being, but also desire satisfactionism and the hybrid (...) theory. However, I argue that certain sophisticated versions of all three theories can escape it. (shrink)

Douglas Portmore has recently argued in this journal for a "promising result" – that combining teleological ethics with "evaluator relativism" about the good allows an ethical theory to account for deontological intuitions while "accommodat[ing] the compelling idea that it is always permissible to bring about the best available state of affairs." I show that this result is false. It follows from the indexical semantics of evaluator relativism that Portmore's compelling idea is false. I also try to explain what might have (...) led to this misunderstanding. (shrink)

Extant research suggests that individuals employ traditional moral heuristics to support their observed altruistic behavior; yet findings have largely been limited to inductive extrapolation and rely on relatively few traditional frames in so doing, namely, deontology in organizational behavior and virtue theory in law and economics. Given that these and competing moral frames such as utilitarianism can manifest as identical behavior, we develop a moral framing instrument—the Philosophical Moral-Framing Measure (PMFM)—to expand and distinguish traditional frames associated and disassociated with observed (...) altruistic behavior. The validation of our instrument based on 1015 subjects in 3 separate real stakes scenarios indicates that heuristic forms of deontology, virtue-theory, and utilitarianism are strongly related to such behavior, and that egoism is an inhibitor. It also suggests that deontic and virtue-theoretical frames may be commonly perceived as intertwined and opens the door for new research on self-abnegation, namely, a perceived moral obligation toward suffering and self-denial. These findings hold the potential to inform ongoing conversations regarding organizational citizenship and moral crowding out, namely, how financial incentives can undermine altruistic behavior. (shrink)

In an article published in Prolegomena 2006, Christoph Schmidt-Petri has defended his interpretation and attacked mine of Mill’s idea that higher kinds of pleasure are superior in quality to lower kinds, regardless of quantity. Millian qualitative superiorities as I understand them are infinite superiorities. In this paper, I clarify my interpretation and show how Schmidt-Petri has misrepresented it and ignored the obvious textual support for it. As a result, he fails to understand how genuine Millian qualitative superiorities determine the novel (...) structure of Mill’s pluralistic utilitarianism, in which a social code of justice that distributes equal rights and duties takes absolute priority over competing considerations. Schmidt-Petri’s own interpretation is a non-starter, because it does noteven recognize that Mill is talking about different kinds of pleasant feelings, such that the higher kinds are intrinsically more valuable than the lower. I conclude by outlining why my interpretation is free of any metaphysical commitment to the “essence” of pleasure. (shrink)

In this paper, we analyse the Wittgensteinian critique of the orthodoxy in animal ethics that has been championed by Cora Diamond and Alice Crary. While Crary frames it as a critique of “moral individualism”, we show that their criticism applies most prominently to certain forms of moral individualism (namely, those that follow hedonistic or preference-satisfaction axiologies), and not to moral individualism in itself. Indeed, there is a concrete sense in which the moral individualistic stance cannot be escaped, and we (...) believe that it is this particular limitation that justified Crary’s later move to a qualified version of moral individualism. At the same time, we also argue that there are significant merits to the Wittgensteinian critique of moral individualism, which pertain to its attack on the rationalism, naturalism, and reductionism that characterise orthodox approaches to animal ethics. We show that there is much of value in the Wittgensteinians’ call for an ethics that is more human; an ethics that fully embraces the capacities we are endowed with and one that pays heed to the richness and complexity of our moral lives. (shrink)

First, the book does not have an original thesis. The thesisthe author wants to argue is that Smith is different from his current caricature, a legacy of his nineteenth-century image, according to which he would argue that: i) man is a maximizer of utility; ii) man is ordinarily moved by a narrow selfish interest, or at least is indifferent to the interests of others; iii) human beings are social atoms; iv) a perfectly competitive market is morally a free zone (pp. (...) 4-5). The author recognizes that these interpretations "are being questioned by many scholars". contemporary", however, reiterates his conviction that these interpretations are still prevalent, and cites in this regard the abuse of the name of Smith by the Chicago school (p.6). If the author's aim is to challenge a caricature, still common among non-experts but no longer shared by Smith's scholars, one may wonder whether this justifies a new book. Secondly, the author does not demonstrate mastery of the state of the art. She wants to demonstrate the non-existence of Adam Smith Problem, not only without any direct knowledge of German literature but ignoring an important article by Heilbroner from 1981 and a fundamental essay by Dickey from 1986 that explicitly advocate an exhumation of the "Adam Smith problem" in a new form. Thirdly, the author lacks the ability to understand concepts and problems in contextual terms: where she mentions Adam Smith's 'Newtonianism' she does not prove to be familiar with the literature on the subject, citing Lindgren as the only authority and ignoring, among others, Moscovici, Skinner, Hetherington and Freudenthal, but also seems to understand by Newtonianism an equivalent of deterministic and materialistic mechanicism (pp. 48-51). Besides, every time she uses the term utilitarianism he confuses it with the terms hedonism, economicism, selfishness (p. 155). (shrink)

Kant’s _Prolegomena_ is a piece of philosophical advertising: it exists to convince the open-minded “future teacher” of metaphysics that the true critical philosophy — i.e., the first _Critique_ — provides the only viable solution to the problem of metaphysics (i.e. its failure to make any genuine progress). To be effective, a piece of advertising needs to know its audience. This chapter argues that Kant takes his reader to have some default sympathies for the common-sense challenge to metaphysics originating (...) from Thomas Reid and his followers; this fact in turn explains his rhetorical strategies in the _Prolegomena_, particularly regarding the presentation of the problem of metaphysics. The chapter draws attention to the importance of Shaftesbury, who, with a nod to Horace, had argued for the deployment of humour to disarm fraudulent claims to epistemic and moral authority. Kant looks to Horace himself to poke fun at the common-sense challenge to metaphysics, and from there to indicate the general shape of the particular argumentative strategies of the _Critique_ — that project that alone, in his view, can promise some kind of future for metaphysics. (shrink)

Kant’s Prolegomena is a piece of philosophical advertising: it exists to convince the open-minded “future teacher” of metaphysics that the true critical philosophy — i.e., the Critique — provides the only viable solution to the problem of metaphysics (i.e. its failure to make any genuine progress). To be effective, a piece of advertising needs to know its audience. This chapter argues that Kant takes his reader to have some default sympathies for the common-sense challenge to metaphysics originating from (...) Thomas Reid and his followers; this fact in turn explains his rhetorical strategies in the Prolegomena, particularly regarding the presentation of the problem of metaphysics. The chapter draws attention to the importance of Shaftesbury, who, with a nod to Horace, had argued for the deployment of humour to disarm fraudulent claims to epistemic and moral authority. Kant looks to Horace himself to poke fun at the common-sense challenge to metaphysics, and from there to indicate the general shape of the particular argumentative strategies of the Critique — that project that alone, in his view, can promise some kind of future for metaphysics. (shrink)

Sometimes someone does something morally wrong in clear-eyed awareness that what she is doing is wrong. More commonly, a wrongdoer fails to see that her conduct is wrong. Call the latter behavior unwitting wrongful conduct. It is generally agreed that an agent can be blameworthy for such conduct, but there is considerable disagreement about how one’s blameworthiness in such cases is to be explained, or what conditions must be satisfied for the agent to be blameworthy for her conduct. Many theorists (...) hold that an agent’s blameworthiness for unwitting wrongful conduct must stem from—or trace back to—her blameworthiness for something else. And appeals to tracing in these cases lead some writers to a highly revisionist view, on which people are blameworthy for wrongdoing much less often than we ordinarily think (and our mistake, unfortunately, isn’t about how much wrongdoing there is). In this chapter, I set out the main claims of an argument for such a view and respond to it. I offer grounds for retaining a good many of the judgments that the revisionist would have us reject. The defense rests to a significant extent on commonsense views about the psychological capacities and abilities to act that people ordinarily possess, views that, as far as I can tell, revisionists have not shown to be mistaken. (shrink)

Debunking arguments typically attempt to show that a set of beliefs or other intensional mental states bear no appropriate explanatory connection to the facts they purport to be about. That is, a debunking argument will attempt to show that beliefs about p are not held because of the facts about p. Such beliefs, if true, would then only be accidentally so. Thus, their causal origins constitute an undermining defeater. Debunking arguments arise in various philosophical domains, targeting beliefs about morality, the (...) existence of God, logic, and others. They have also arisen in material-object metaphysics, often aimed at debunking common-sense ontology. And while most of these arguments feature appeals to ‘biological and cultural contingencies’ that are ostensibly responsible for our beliefs about which kinds of objects exist, few of them take a serious look at what those contingencies might actually be. The purpose of this paper is twofold. First, to remedy this by providing empirical substantiation for a key premise in these debunking arguments by examining data from cognitive science, evolutionary biology, and developmental psychology that support a ‘debunking explanation’ of our common-sense beliefs and intuitions about which objects exist. Second, to argue that such data also undermines a particular kind of rationalist defense of common-sense ontology, sometimes employed as a response to the debunking threat. (shrink)

The article aims at showing that the philosophical personalism of Pope John Paul II stems from the common sense approach to reality. First, it presents Karol Wojtyla as a framer of the Lublin Philosophical School, to which he was affiliated for 24 years before being elected Pope John Paul II; it shows Wojtyla’s role in establishing this original philosophical School by his contribution to its endorsement of Thomism, its way of doing philosophy, and its classically understood personalism. Secondly, (...) it identifies a purpose of Wojtyla’s use of the phenomenological method in his personalism and reconstructs Wojtyla’s possible answer to the question whether there is a link between moral sense and common sense in human experience. (shrink)

This article applies the tools of experimental philosophy to the ongoing debate about both the theoretical viability and the practical import of partially aggregative moral theories in distributive ethics. We conduct a series of three experiments (N=383): First, we document the widespread occurrence of the intuitions that motivate this position. Our study then moves beyond establishing the existence of partially aggregative intuitions in two dimensions: First, we extend experimental work in such a way as to ascertain which amongst existing versions (...) of partial aggregation (localised vs. global) chimes more fully with moral common sense. Specifically, we document how, in tie-breaking cases, ‘irrelevant goods’ judgments (Kamm) are just as robust as the original aggregative/non-aggregative pair of judgments that constitute partial aggregation. Second, by pairing laypeople’s moral judgments in standard cases with their intuitions about the limits of permissible self-prioritisation, we investigate whether one prominent explanation of why irrelevant claims may not be aggregated (Voorhoeve’s ‘personal prerogative’ argument) can be said to underpin people’s intuitions about the (ir)relevance relation of claims in conflict cases. We close with a discussion of our findings’ practical and theoretical import and highlight avenues for future research. (shrink)

The term “altruism” is used in many ways. In this thesis, I discuss altruism as a motivation, which is an influential notion in philosophy and the social sciences. Questions about the nature and the possibility of altruistic motivation have inspired much debate, both in academia and in everyday conversations. How can we know when we are truly altruistic and when we are merely helping others as a means to some egoistic goal? Are humans even capable of genuine altruistic motivation or (...) are we always egoistic deep down? Before answering questions like these, however, we need to ask a more fundamental question: how should we define altruistic motivation? The standard account of altruistic motivation in the literature defines it as an ultimate desire to increase the welfare of others. The central claim I will argue for in this thesis is that this standard account is intrinsically flawed and should be abandoned. -/- The problem with the standard account of altruistic motivation, in short, is its reliance on the notion of “ultimate desire”, which is a limited and unfruitful way of conceptualizing altruistic motivation. The criticism I propose is based on an interdisciplinary analysis of many aspects of the standard account, discussing its philosophical basis, its use in scientific research, its historical development, and its relation to common sense and morality. -/- This thesis is divided into four parts, each composed of two chapters. Part I presents the many technical accounts of altruism present in the scientific literature, distinguishing the standard account of altruistic motivation from alternative accounts of altruism. I discuss the hypotheses of psychological altruism, which states that some of our ultimate desires aim to increase the welfare of others, and psychological egoism, which states that all of our ultimate desires are egoistic. In this first part, I discuss some of the central philosophical concepts underlying the standard account of altruistic motivation, showing their implications for the debate about psychological altruism. -/- Part II discusses the main arguments for the existence of altruistic motivation. I argue that the main arguments in the scientific literature fail in making a defense of psychological altruism and that the definition of altruistic motivation makes the solution to the debate on psychological altruism virtually impossible. I conclude that the standard account makes altruistic motivation an unverifiable and unfruitful notion for scientific research. -/- Part III discusses the history of altruism and egoism, focusing particularly on early modern philosophy. I argue that the modern accounts of altruism and egoism diverge from the contemporary standard account of altruistic motivation. Reading the debates in modern philosophy through the lens of psychological altruism and psychological egoism oversimplifies and impoverishes the modern debate. I argue that the standard account also fails in representing the original use of “altruism”, proposed by Auguste Comte. In this third part, I show how the use of the standard account of altruistic motivation cannot be based on its historical foundations. -/- Finally, Part IV addresses the normative character of altruism and discusses some alternative ways of conceptualizing altruism. I argue that the standard account of altruistic motivation does not reflect the ordinary use of the term “altruism” and fails in accounting for its normative character. As an alternative, I propose an alternative account of altruism, virtue altruism. I claim that this account better reflects the ordinary intuitions about altruism, accommodates the descriptive and normative dimensions of altruism, is at home with most of the historical accounts of altruism, and may promote the active promotion of altruistic actions. (shrink)

In this essay I explore the potential contribution of Peirce's theory of scientific inquiry to moral philosophy. After a brief introduction, I outline Peirce's theory of inquiry. Next, I address why Peirce believed that this theory of inquiry is inapplicable to what he called "matters of vital importance," the latter including genuine moral problems. This leaves us in the end with two options: We can try to develop an alternative way of addressing moral problems or we can seek to reconcile (...) moral problems with scientific inquiry as described by Peirce. Though Peirce seems to argue for the former, I argue for the latter. (shrink)

[Utilitarism, Nazism, and Euthanasia] The article is an answer to Prof. Munzarová who criticised my defence of physician-assisted suicide. The article points to shortcomings in the reply of prof. Munzarová which flow from the author’s underestimation of normative theory. Among these shortcomings are the ignoring of the arguments of her opponent; her calling into question the moral credit of the proponents of the competing theory (utilitarianism) rather than a critical analysis; unclear theoretical principles (a switching between paternalism and autonomy, the (...) presentation of the “principle of double-effect” as the standpoint of common sense); an unconvincing version of the “argument of the slippery slope” (ignoring the diametrical differences between the contemporary demand of some patients for assisted death and the Nazi programme of involuntary euthanasia). (shrink)

The statement everyone wants to live a fulfilled and happy life may seem simple, self-evident, and even trivial at first glance. However, upon closer philosophical analysis, can we unequivocally assert that people are truly focused on well-being? Assuming they are, the question becomes: what guidelines should be followed and how should one behave in order to achieve true well-being and attain their goals? One popular viewpoint is that cultivating moral virtues and personal qualities is essential for a life of "true" (...) well-being, rather than mere pleasure. This perspective is not particularly original, as it was advocated quite clearly by Aristotle. However, we must ask: what guarantees that virtue will lead to well-being? Can we really ignore the common-sense doubt that virtue (and moral life), as Kant points out, may not be rewarded with any form of well-being or "happiness" in the broadest sense during our earthly existence? How might we address this doubt? If questions about the relationship between happiness and virtue have been asked since ancient times, why don't we have definitive answers yet? Perhaps there is something wrong with the questions themselves, as is often the case in philosophy. Views on this relationship have influenced the modification of theories that philosophers have put forth in order to provide satisfactory answers. One such theory is the renewed and modernized ethics of virtue, which places the greatest emphasis on building an individual's moral character, assuming that Aristotelian character virtues such as courage, honesty, generosity, prudence, self-control, and compassion will enable us to lead a happy and fulfilling life. "Virtues" refer to a wide range of "excellences" or activities that individuals can use to perfect themselves. For example, an ordinary person might accept that courage can make their life more fulfilling, but it's important to recognize that virtues cannot be acquired overnight. Furthermore, many people believe that virtues are innate qualities that one either possesses or lacks. In contrast, ethics of virtue provides guidance and instructions for developing virtues over extended periods of time, as well as for continuously "practicing" the development of moral characteristics that will make us better individuals. The central and most significant concept in ethics of virtue is the golden mean, which can be interpreted in various ways. Essentially, ethics of virtue offers a path to a life filled with pleasure, harmony, and virtuous action. However, this collection of essays, Virtues and Vices: Between Ethics and Epistemology, is not exclusively concerned with virtues or ethics. Knowledge, as well as the processes of belief formation and justification of those beliefs, are also essential to ethics of virtue. Going back to the systematic Greek philosopher and his teacher, we can emphasize that virtues and knowledge are inseparable. Without the epistemology of virtues, even a thematic collection like this one would be incomplete. The Epistemology of Virtue is a relatively new branch of philosophy that has emerged as a response to questions about the value-neutrality of science. For a long time, the separation of values and scientific inquiry has been viewed as the correct methodological approach. However, it is clear that every scientist is also a human being with their own virtues and flaws. It is naive to assume that a scientist can leave their values and moral qualities outside the laboratory and treat their colleagues in the team differently than they would treat other people in their everyday life. Taking this into account, we can notice that Epistemology of Virtue is a theory that examines the influence of virtues on the processes of acquiring knowledge. Epistemic virtues refer to qualities that enable individuals to acquire knowledge and make reliable judgments. These virtues include traits such as openness to diverse testimonies and arguments, critical thinking, a tendency to question one's own assumptions, and the ability to identify errors in one's own thought processes. Just like in virtue ethics, the Epistemology of Virtue raises the question of how we can cultivate the necessary virtues and how these virtues can have a positive impact on both individuals and society. The field also explores how epistemic virtues can be put into practice, such as in educational settings, scientific research, and various social activities. Finally, we turn to a topic that is often overlooked in philosophy - human flaws. While ethics typically views flaws as the opposite of virtues, requiring correction both individually and socially, the Epistemology of Virtue questions what happens when flaws occur in knowledge-related qualities. Do these flaws also need to be eliminated, or are they an inherent part of the process of acquiring knowledge and making judgments? At first glance, prejudices, stereotypes, dogmatism, conformism, closed-mindedness towards arguments and evidence, as well as uncritical acceptance of authority, can all hinder our ability to acquire knowledge. Epistemologists view these qualities as vices, rather than flaws like ethicists do. The Epistemology of Vices is the newest of the three branches of philosophy covered in this thematic collection, and it examines the ways in which false and untrue beliefs develop and persist in society. This area of study seeks to answer questions about how people form delusions and whether it is possible to overcome them. On the other hand, the Epistemology of Virtue is like the "older brother" that supervises these vices. It contributes to the investigation and overcoming of vices by developing virtues that enable individuals to more accurately assess the truthfulness of their beliefs. However, even though vices can have a destructive impact on knowledge acquisition, the question remains: are vices always detrimental in every context? Conversely, can virtues be detrimental? For example, does a virtue like solidarity sometimes hinder the efficient formation of true beliefs in time-sensitive situations such as finding a vaccine to combat a virus pandemic? Can vices be useful? Can stubbornness and uncooperativeness sometimes help a research team by allowing two sides to reach the same goal through different paths? Within this collection, some of these questions will receive answers, some of which may confirm existing impressions, while others may surprise readers. The thematic collection, Virtues and Vices: Between Ethics and Epistemology, consists of four interesting chapters and 21 papers that cover the selected topic through the prism of philosophical disciplines such as ethics, epistemology, the history of philosophy, philosophy of mind, political philosophy, and philosophy of science. In this introduction, we will not discuss the contents of the articles so as not to disrupt the intended integral approach to reading the collection. A significant feature of this collection is the continuity that extends from one paper to another, from topic to topic, and from problem to problem. Lastly, we would like to express our gratitude to the Faculty of Philosophy at the University of Belgrade for their support in realizing this collection, as well as to our colleagues from the Department and Institute of Philosophy who have made this collection a relevant and significant achievement with their contributions. We are also thankful to the reviewers of the collection as a whole, as well as to the referees of individual articles, who have provided us with detailed comments and remarks that have made this collection clearer and more comprehensive. We owe a special thanks to our colleagues from Zagreb, Rijeka, and Maribor, whose exceptional papers have contributed to making this collection an unabashed international contribution to debates about the ethics and epistemology of virtues and vices. (shrink)

Kant is probably one of the most misunderstood philosophers in the history of Western thought. Some of the most well-known and pervasive objections to Kant’s practical philosophy often rest on considerable misunderstandings of his central theses or a poor and superficial reading of his work. A common misconception is that in Kant’s practical philosophy there is no place or role for human happiness. In Happiness in Kant’s Practical Philosophy: Morality, Indirect Duties, and Welfare Rights, Alice Pinheiro Walla dispels this (...) misunderstanding by elucidating Kant’s conception of happiness (understood in broadly hedonist terms) and showing that, for Kant, the pursuit of happiness plays an important role in our personal and collective lives. This means that, far from endorsing an ascetic ideal of the moral agent, as it is commonly thought, Kant’s system embraces an ideal of the human life in which there is significant space, and even a duty, to pursue pleasurable endeavours. Somehow surprisingly, in Pinheiro Walla’s reading, Kant’s ethics is arguably less demanding than standard interpretations of Aristotelian and Utilitarian ethical theories. (shrink)

This paper reviews the principal objections that Hume's Scots "common sense" contemporaries had to his account of the understanding. In the absence of any but the most scant evidence of Hume's own reactions to these criticisms, it weighs what he might have said in his own defense.

I discuss the third of Anscombe’s theses from “Modern Moral Philosophy”, namely that post-Sidgwickian consequentialism makes the worst action acceptable. I scrutinize her comprehension of “consequentialism”, her reconstruction of Sidgwick’s view of intention, her defence of casuistry, her reformulation of the double-effect doctrine, and her view of morality as based on Divine commands. I argue that her characterization of consequentialism suffers from lack of understanding of the history of utilitarianism and its self-transformation through the Intuitionism-Utilitarianism controversy; that she uncritically accepted (...) an impoverished image of Kantian ethics and intuitionism, which was, ironically, an unaware bequest from her consequentialist opponents; that her action theory, yet, is a decisive contribution that may prove useful in formulating answers to questions that have been left open in both utilitarian and Kantian or intuitionist theories; that, to make the best of her actions theory, it is as well to drop her divine law view of ethics, which is incompatible with the former; and that the rather obscure traditional theological doctrine of absolute prohibitions is unnecessary to her project that could fare well with the more sober distinction between perfect and imperfect duties. (shrink)

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

J. S. Mill is commonly considered as a representative of psychological hedonism. However, his utilitarianism has also eudaimonic and perfectionistic aspects. Thus, various aspects are interelated with one another not only in his moral philosophy, but are present also in his political philosophy. Interpretators of Mill’s philosophy inquire: how those aspects can be reconciled and if Mill's conception can be consistent then? Main aim of the paper is to explain and justify the view, that the idea of happiness by J. (...) S. Mill based on the greatest happiness principle is founded on both traditions present in the Ancient times: eudaimonism and hedonism. I assume, that: in philosophy of J. S. Mill, formulated in the perspective of both traditions of the idea of happiness and good life, hedonism can be reconciled with eudaimonism and perfectionsm. Philosopher can be qualified as many-sided and eclectic, thus denominating his exclusively as hedonist would be incomplete and would be a result of too hasty and imprecise reading of his works. (shrink)