Therapeutic Jurisprudence (‘TJ’) and virtue ethics are major parallel forces for good in legal practice. Both seek to understand and mediate frailness in human behaviour and explain why such ‘goodness’ is important for lawyers and their clients. But while a TJ practitioner and a virtue ethicist are often in agreement, they are fraternal rather than identical twins. This paper is addressed to those practising lawyers for whom TJ may become a central motivation to practice law, by reflecting (...) on the moral advantages that virtue ethics can offer such practitioners in their daily decision making. (shrink)

The use of the term "applied ethics" to denote a particular field of moral inquiry (distinct from but related to both normative ethics and meta-ethics) is a relatively new phenomenon. The individuation of applied ethics as a special division of moral investigation gathered momentum in the 1970s and 1980s, largely as a response to early twentieth- century moral philosophy's overwhelming concentration on moral semantics and its apparent inattention to practical moral problems that arose in the wake of significant social and (...) technological transformations. The field of applied ethics is now a well established, professional domain sustained by institutional research centers, professional academic appointments, and devoted journals. As the field of applied ethics grew and developed, its contributors predominantly advocated consequentialist and deontological approaches to the problems they address; but lately a significant number of moral philosophers have begun to bring the resources of virtue ethics to bear upon the ever-evolving subject matters of applied ethics. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought (...) to copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to (...) Aristotle. Virtue ethics has experienced a revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

This study addresses the subject of Islamic ethics from definitional and disciplinary perspectives. It highlights the need for relevantization of Islamic ethics to contemporary issues in a systematic manner which, in turn, calls for development of Islamic ethics as a complete discipline with ability to meet all types of challenges: conceptual, practical, normative, applicative, etc. Regarding the definitional issue, different from and more expansive than the traditional understanding of alākhlāq, the researcher argues that a proper definition of ethics should include (...) ethically relevant habits, character, and behavior in its subject matter. As an academic discipline of paramount, practical significance, Islamic ethics should adequately address metaethical, normative, and applicative aspects of the subject. In terms of metaethics, Islamic ethics is derived from revealed knowledge; whereas, principles of Islamic jurisprudence (us
l al&fīqh) offers the best available methodology for the discipline in meeting demands of normativity and application. Regarding the nature of the subject of Islamic ethics, the researcher argues that understanding Islamic ethics as virtue ethics is unjustifiable reduction because a careful study of the subject from its sources would prove that Islamic ethics is rather an integrated field comprising of virtues ethics, divine command theory, duty&based ethics, etc. Therefore, Islamic ethics should be developed, taught, and learned as a whole composite of above&mentioned elements. (shrink)

The assumption that coercion is largely responsible for our legal systems’ efficacy is a common one. I argue that this assumption is false. But I do so indirectly, by objecting to a thesis I call “(Compliance)”, which holds that most citizens comply with most legal mandates most of the time at least partly in virtue of being motivated by legal systems’ threats of sanctions and other unwelcome consequences. The relationship between (Compliance) and the efficacy of legal systems is explained (...) in section 1. There I also show that (Compliance) must be rejected for it relies on unsubstantiated empirical assumptions. In section 2, I claim that an alternative, and more refined, formulation of (Compliance) also lacks adequate support. I conclude with a few general remarks about the centrality of coercion in our thought and talk about legal systems. (shrink)

Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...) and, even when it is clear, the content itself is sometimes vague. The monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law with the aim of providing plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? (shrink)

“Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is (...) not only consistent with traditional jurisprudence; it is an essential branch of it. (shrink)

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

Gratitude, the proper or fitting response to benevolence, has often been conceptualized as a virtue—a temporally stable disposition to perceive, think, feel, and act in certain characteristic ways in certain situations. Many accounts of gratitude as a virtue, however, have not analyzed this disposition accurately, and as a result, they have not revealed the rich variety of ways in which someone can fail to be a grateful person. In this paper, I articulate an account of the virtue (...) of gratitude, and I use this account to explore various vices that can manifest in its absence. (shrink)

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

According to Arti Dhand, it can be argued that all Indian ethics have been primarily virtue ethics. Many have indeed jumped on the virtue bandwagon, providing prima facie interpretations of Hindu, Jain, and Buddhist canons in virtue terms. Others have expressed firm skepticism, claiming that virtues are not proven to be grounded in the nature of things and that, ultimately, the appeal to virtue might just well be a mere façon de parler. In this paper, we (...) aim to advance the discussion of Indian virtue ethics. Our intent is not to provide a catch-all interpretation of the different Indian schools. Our goal is, more modestly, to offer a theory of virtues in Indian philosophies, as a framework for theorists and interpreters who see these diverse traditions as amenable to systematic virtue analysis. Our theory grounds virtues in the reality of genuine moral dispositions and in a system of beliefs where morality is understood as transformative in nature. (shrink)

This chapter focuses on the responses that proponents of virtue epistemology (VE) make to radical skepticism and particularly to two related forms of it, Pyrrhonian skepticism and the “underdetermination-based” argument, both of which have been receiving widening attention in recent debate. Section 1 of the chapter briefly articulates these two skeptical arguments and their interrelationship, while section 2 explains the close connection between a virtue-theoretic and a neo-Moorean response to them. In sections 3 and 4 I advance arguments (...) for improving the prospects of virtue-theoretic responses, sketching a particular version of VE that by recasting somewhat how we understand the “externalist turn in epistemology” also suggests ways of improving the adequacy of philosophical diagnoses and responses to skepticism. (shrink)

A large swathe of the indigenous African ethical tradition is frequently encapsulated in the maxim, “A person is a person through other persons.” This phrasing is an overly literal translation of some sayings that are prominent in the southern and central regions of Africa, but that resonate with most indigenous sub-Saharan cultures. This chapter articulates and motivates a philosophical interpretation of the maxim for an international readership interested in virtue. According to the initial formulation, one should strive to become (...) a real person, which one can do insofar as one prizes other persons’ capacity to relate harmoniously, where harmony consists of identifying with and exhibiting solidarity toward them. The chapter also explores ways of revising this theory to respond to some powerful criticisms, such as that virtue is not purely relational, but also includes some self-regarding dispositions, and that virtue can be manifested by relating to parts of the natural world, particularly to some non-human animals. (shrink)

Some of the earliest Western ideas about the virtues of character gave justice a prominent position, but if moral philosophy has made any progress at all in the past two centuries, we might think it worthwhile to reconsider what that virtue involves. Kant seems (even to most non-Kantians) to have crystallized something important to our relations with others in formulating a proscription against treating others merely as means. And twentieth-century moral and political theory put the justice of social institutions (...) in the spotlight in an unprecedented way. Here I explore the significance of these developments for what it is to be a just person (the nature of “individual justice”) as it was originally understood, within the eudaimonist virtue-ethical theories of the ancient Greeks. By any standard, ancient thinking about individual justice seems to have been incomplete in important ways; perhaps, in virtue of these advances in moral theory, we are in position to enrich our thinking about it. (shrink)

This paper applies a virtue epistemology approach to using the Internet, as to improve our information-seeking behaviours. Virtue epistemology focusses on the cognitive character of agents and is less concerned with the nature of truth and epistemic justification as compared to traditional analytic epistemology. Due to this focus on cognitive character and agency, it is a fruitful but underexplored approach to using the Internet in an epistemically desirable way. Thus, the central question in this paper is: How to (...) use the Internet in an epistemically virtuous way? Using the work of Jason Baehr, it starts by outlining nine intellectual or epistemic virtues: curiosity, intellectual autonomy, intellectual humility, attentiveness, intellectual carefulness, intellectual thoroughness, open-mindedness, intellectual courage and intellectual tenacity. It then explores how we should deploy these virtues and avoid the corresponding vices when interacting with the Internet, particularly search engines. Whilst an epistemically virtuous use of the Internet will not guarantee that one will acquire true beliefs, understanding or even knowledge, it will strongly improve one’s information-seeking behaviours. The paper ends with arguing that teaching and assessing online intellectual virtues should be part of school and university curricula, perhaps embedded in critical thinking courses, or even better, as individual units. (shrink)

The revival of Aristotelian virtue ethics can be seen as a response to the modern problem of disenchantment, that is, the perceived loss of meaning in modernity. However, in Virtue and Meaning, David McPherson contends that the dominant approach still embraces an overly disenchanted view. In a wide-ranging discussion, McPherson argues for a more fully re-enchanted perspective that gives better recognition to the meanings by which we live and after which we seek, and to the fact that human (...) beings are the meaning-seeking animal. In doing so, he defends distinctive accounts of the relationship between virtue and happiness, other-regarding demands, and the significance of linking neo-Aristotelian virtue ethics with a view of the meaning of life and a spiritual life where contemplation has a central role. This book will be valuable for philosophers and other readers who are interested in virtue ethics and the perennial question of the meaning of life. (shrink)

Abstract: In this essay I outline a radical kind of virtue theory I call exemplarism, which is foundational in structure but which is grounded in exemplars of moral goodness, direct reference to which anchors all the moral concepts in the theory. I compare several different kinds of moral theory by the way they relate the concepts of the good, a right act, and a virtue. In the theory I propose, these concepts, along with the concepts of a duty (...) and of a good life, are defined by reference to exemplars, identified directly through the emotion of admiration, not through a description. It is an advantage of the theory that what makes a good person good is not given a priori but is determined by empirical investigation. The same point applies to what good persons do and what states of affairs they aim at. The theory gives an important place to empirical investigation and narratives about exemplars analogous to the scientific investigation of natural kinds in the theory of direct reference. (shrink)

Virtue theories have become influential in ethics and epistemology. This paper argues for a similar approach to argumentation. Several potential obstacles to virtue theories in general, and to this new application in particular, are considered and rejected. A first attempt is made at a survey of argumentational virtues, and finally it is argued that the dialectical nature of argumentation makes it particularly suited for virtue theoretic analysis.

‘Virtue signaling’ is the practice of using moral talk in order to enhance one’s moral reputation. Many find this kind of behavior irritating. However, some philosophers have gone further, arguing that virtue signaling actively undermines the proper functioning of public moral discourse and impedes moral progress. Against this view, I argue that widespread virtue signaling is not a social ill, and that it can actually serve as an invaluable instrument for moral change, especially in cases where moral (...) argument alone does not suffice. Specifically, virtue signaling can change the broader public’s social expectations, which can in turn motivate the adoption of new, positive social norms. I also argue that the reputation-seeking motives underlying virtue signaling impose important constraints on virtue signalers’ behavior, which serve to keep the worst excesses of virtue signaling in check. (shrink)

In Nicomachean Ethics 2.1, Aristotle draws a now familiar analogy between aretai ('virtues') and technai ('skills'). The apparent basis of this comparison is that both virtue and skill are developed through practice and repetition, specifically by the learner performing the same kinds of actions as the expert: in other words, we become virtuous by performing virtuous actions. Aristotle’s claim that “like states arise from like activities” has led some philosophers to challenge the virtue-skill analogy. In particular, Aristotle’s skill (...) analogy is sometimes dismissed because of the role that practical wisdom or phronesis purportedly plays in character virtue. In this paper, I argue that a proper understanding of character virtue, phantasia-based emotions, and Aristotle’s implicit distinction between habituated and strict or full virtue (aretè kuria) grounds his virtue-skill analogy. Character virtue stems from the non-rational orektikon and is developed through the habituation of passionate elements, primarily phantasia and pathé. Pathé are pleasurable or affective perceptions, not judgments or beliefs. Thus, pathé are subject to non-rational habituation. Practical wisdom, on the other hand, is an intellectual virtue stemming from the rational part of the soul. Though practical wisdom is necessary for full virtue (aretè kuria), it is not necessary for the habituated character virtue that Aristotle refers in Book II. Once we understand the phantastic basis of emotions and the distinction between habituated and full virtue, the virtue-skill analogy is apt. I conclude by briefly mentioning two contemporary forms of emotion regulation—cognitive reappraisal and cognitive behavioral therapy—that lend support from empirical psychology to Aristotle’s claim that emotions (pathé) can be habituated. Character virtue is indeed a skill; it is—at least in part—the skill of emotion regulation. (shrink)

Human beings seek to transcend limits. This is part of our potential greatness, since it is how we can realize what is best in our humanity. However, the limit-transcending feature of human life is also part of our potential downfall, as it can lead to dehumanization and failure to attain important human goods and to prevent human evils. Exploring the place of limits within a well-lived human life this work develops and defends an original account of limiting virtues, which are (...) concerned with recognizing proper limits in human life. The limiting virtues that are the focus are humility, reverence, moderation, contentment, neighborliness, and loyalty, and they are explored in relation to four kinds of limits: existential limits, moral limits, political limits, and economic limits. These virtues have been underexplored in discussions about virtue ethics, and when they have been explored it has not been with regard to the general issue of the place of limits within a well-lived human life. The account of the limiting virtues provided here, however, is intended as a counter to other prominent approaches to ethics: namely, autonomy-centered approaches and consequentialist (or maximizing) approaches. This account is also used to address a number of important contemporary issues such as genetic engineering, distributive justice, cosmopolitanism vs. patriotism, and the ethical status of growth-based economics. (shrink)

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

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various (...) legal traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

Virtue ethics is frequently billed as a remedy to the problems of deontological and consequentialist ethics that Bernard Williams identified in his critique of “the morality system.” But how far can virtue ethics be relied upon to avoid these problems? What does Williams’s critique of the morality system mean for virtue ethics? To answer this question, we offer a more principled characterisation of the defining features of the morality system in terms of its organising ambition—to shelter life (...) against luck. This reveals the system to be multiply realisable: the same function can be served by substantively different but functionally equivalent ideas. After identifying four requirements that ethical thought must meet to function as a morality system, we show that they can also be met by certain constellations of virtue-ethical ideas. We thereby demonstrate the possibility of virtue-ethical morality systems raising problems analogous to those besetting their deontological and consequentialist counterparts. This not only widens the scope of Williams’s critique and brings out the cautionary aspect of his legacy for virtue ethics. It also offers contemporary virtue ethicists a more principled understanding of the functional features that mark out morality systems and lie at the root of their problems, thereby helping them to avoid or overcome these problems. (shrink)

Since its inception as a professional field in the 1960s or so, African ethics has been neglected not only by virtue ethicists, but also by international scholars in moral philosophy generally. This is unfortunate, since sub-Saharan normative perspectives are characteristically virtue-centred, and, furthermore, are both different from traditional Western forms and just as worth taking seriously as they are. In my contribution, I spell out the two major respects in which virtue is a salient theme in African (...) ethics, and critically appraise them in relation to some dominant Western conceptions. (shrink)

Because obituaries are succinct and explicitly intended to summarize their subjects’ lives, they may be expected to include only the features that the author finds most salient but also to signal to others in the community the socially-recognized aspects of the deceased’s character. We begin by reviewing studies 1 and 2, in which obituaries were carefully read and labeled. We then report study 3, which further develops these results with a semi-automated, large-scale semantic analysis of several thousand obituaries. Geography, gender, (...) and elite status all turn out to be associated with the virtues and values associated with the deceased. (shrink)

Robust Virtue Epistemology maintains that knowledge is achieved just when an agent gets to the truth through, or because of, the manifestation of intellectual virtue or ability. A notorious objection to the view is that the satisfaction of the virtue condition will be insufficient to ensure the safety of the target belief; that is, RVE is no anti-luck epistemology. Some of the most promising recent attempts to get around this problem are considered and shown to ultimately fail. (...) Finally, a new proposal for defending RVE as a kind of anti-luck epistemology is defended. The view developed here turns importantly on the idea that knowledge depends on ability and luck in a way that is gradient, not rigid, and that we know just when our cognitive success depends on ability not rather, but more so, than luck. (shrink)

In addition to the traditional reliance on rules and codes in regulating the conduct of military personnel, most of today’s militaries put their money on character building in trying to make their soldiers virtuous. Especially in recent years it has time and again been argued that virtue ethics, with its emphasis on character building, provides a better basis for military ethics than deontological ethics or utilitarian ethics. Although virtue ethics comes in many varieties these days, in many texts (...) on military ethics dealing with the subject of military virtues the Aristotelian view on virtues is still pivotal. Developing virtues is by some authors seen as the best way to prevent misconduct by military personnel, it being considered superior to rules or codes of conduct imposed from above. The main argument these authors offer is that these solutions are impotent when no one is around, and lack the flexibility often thought necessary in today’s world. Finally, rules and codes try to condition behavior, leaving less room for personal integrity. At first sight, then, there is a great deal to say in favor of virtue ethics as being the best way of enhancing the chances of soldiers behaving morally. However, this preference for steering conduct by means of promoting certain desirable dispositions is not without any problems that, as it stands, are hardly ever addressed. To begin with, there are a few practical concerns. For instance, even if we assume that military virtues can assist military personnel to do their work in a morally sound manner, it is still not clear to what extent virtues can, in fact, be taught to them. It is an assumption of virtue ethics that they can, but is this really the case? And if so, how should they be taught? – virtues are supposedly developed by practicing them, yet how much room is there for practicing virtues in for instance the ethics education as followed in military academies and school battalions? Secondly, it appears that the traditional military virtues, such as honor, loyalty, courage, and obedience, are, especially in their common interpretation, mainly beneficial to colleagues and the organization, not so much to the local population of the countries military personnel are deployed to. Changes in the military’s wider environment have led to a shift from traditional of self-defense tasks to new, more complex tasks, and especially in today’s missions one could expect that the proper virtues are not necessarily solely the more martial ones. (shrink)

Mildly modified reprint of a chapter originally appearing in The Handbook of Virtue Ethics (2012).

In his contribution, Mark Alfano lays out a new (to virtue theory) naturalistic way of determining what the virtues are, what it would take for them to be realized, and what it would take for them to be at least possible. This method is derived in large part from David Lewis’s development of Frank Ramsey’s method of implicit definition. The basic idea is to define a set of terms not individually but in tandem. This is accomplished by assembling all (...) and only the common sense platitudes that involve them (e.g., typically, people want to be virtuous), conjoining those platitudes, and replacing the terms in question by existentially quantified variables. If the resulting sentence is satisfied, then whatever satisfies are the virtues. If it isn’t satisfied, there are a couple of options. First, one could just admit defeat by saying that people can’t be virtuous. More plausibly, one could weaken the conjunction by dropping a small number of the platitudes from it (and potentially adding some others). Alfano suggests that the most attractive way to do this is by dropping the platitudes that deal with cross-situational consistency and replacing them with platitudes that involve social construction: basically, people are virtuous (when they are) at least in part because other people signal their expectations of virtuous conduct, which induces virtuous conduct, which in turn induces further signals of expected virtuous conduct, and so on. (shrink)

This essay defends a novel form of virtue epistemology: Modal Virtue Epistemology. It borrows from traditional virtue epistemology the idea that knowledge is a type of skillful performance. But it goes on to understand skillfulness in purely modal terms — that is, in terms of success across a range of counterfactual scenarios. We argue that this approach offers a promising way of synthesizing virtue epistemology with a modal account of knowledge, according to which knowledge is safe (...) belief. In particular, we argue that the modal elements of the view offer important advantages over traditional virtue epistemology, which assigns a central explanatory role to aptness. At the same time, the virtue epistemological elements of the theory reveal new avenues for overcoming obstacles to traditional modal accounts of knowledge. Finally, we highlight the advantages of Modal Virtue Epistemology over alternative syntheses, such as Pritchard's (2012) hybrid approach. (shrink)

Was Iris Murdoch a virtue ethicist? At first sight, it would appear that she was not. She does not offer an explicit definition of account of the term ‘virtue’, and there are significant differences between her views and those of standard Aristotelian virtue ethicists. There is no reason, however, to think that the standard Aristotelian view represents the only legitimate form of virtue ethics. In this chapter, I begin by recalling (in section 1) the main commonalities (...) between Murdoch’s criticisms of the prevailing moral theories of her time and those of other first-wave virtue-ethicists. I then highlight (in section 2) some cornerstones of Murdoch’s peculiar approach to morality, which represent the background against which her account of virtue is developed, and I propose to trace these cornerstones back to a more diverse range of influences than the standard version of Aristotelianism. In section 3, I sketch the basics of Murdoch’s account of virtue, and I argue that there are at least three routes to vindicate it as a genuine virtue-ethical approach: the Buddhist, the Kantian and the Socratic-Aristotelian. I explore each of these routes in turn in sections 4, 5, and 6. In conclusion, I argue that the virtue-ethical field would benefit a great deal from the kind of pluralistic account of virtue that Murdoch offers. (shrink)

Virtue signaling—using public moral discourse to enhance one’s moral reputation—is a familiar concept. But, what about profile pictures framed by “Vaccines work!”? Or memes posted to anti-vaccine groups echoing the group’s view that “Only sheep believe Big Pharma!”? These actions don’t express moral views—both claims are empirical (if imprecise). Nevertheless, they serve a similar purpose: to influence the judgments of their audience. But, where rainbow profiles guide their audience to view the agent as morally good, these acts guide their (...) audience to view the agent as epistemically good. They are instances of epistemic virtue signaling. The first goal of this paper is to offer an account of epistemic virtue signaling. I argue that epistemic virtue signaling occurs through both behavioral and propositional signals, and serves purposes similar to those of moral virtue signaling across a wide variety of discourses. The second is to show that there is much work for this concept to do. In particular, this concept illuminates a double bind faced by those who suffer from and seek to overcome testimonial injustice. I close by demonstrating how this double bind arises in the dissolution of medical autonomy, focusing on the care gap faced by pregnant women of color in the United States today, as compared with their white counterparts. (shrink)

Classical presentations of the Buddhist path prescribe the cultivation of various good qualities that are necessary for spiritual progress, from mindfulness and loving-kindness to faith and wisdom. Examining the way in which such qualities are described and classified in early Buddhism—with special reference to their treatment in the Visuddhimagga by the fifth-century Buddhist thinker Buddhaghosa—the present article employs a comparative method in order to identify the Buddhist catalog of virtues. The first part sketches the characteristics of virtue as analyzed (...) by neo-Aristotelian theories. Relying on these accounts, the second part considers three lists from early Buddhism as possible catalogs of virtue: the components of ethical conduct, the 37 factors that contribute to awakening, and the wholesome or beautiful mental factors. I then raise the question of why the Buddhist tradition developed several classifications of virtue, whereas the Western tradition of virtue ethics used a single category. Appealing to the connection between the virtues and living well in the eudaimonistic version of virtue ethics, I propose that one of the reasons why Buddhism developed multiple lists of virtues is its pluralistic acceptance of different modalities of living well and associated practices, in MacIntyre’s sense of the term. These modalities and practices are not equal, but are ordered hierarchically. Accordingly, I conclude that Buddhist ethics ought to be seen as a pluralist-gradualist system rather than a universalist theory. (shrink)

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are (...) required for epistemic virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (shrink)

This essay develops a new conceptual framework of science and engineering ethics education based on virtue ethics and positive psychology. Virtue ethicists and positive psychologists have argued that current rule-based moral philosophy, psychology, and education cannot effectively promote students’ moral motivation for actual moral behavior and may even lead to negative outcomes, such as moral schizophrenia. They have suggested that their own theoretical framework of virtue ethics and positive psychology can contribute to the effective promotion of motivation (...) for self-improvement by connecting the notion of morality and eudaimonic happiness. Thus this essay attempts to apply virtue ethics and positive psychology to science and engineering ethics education and to develop a new conceptual framework for more effective education. In addition to the conceptual-level work, this essay suggests two possible educational methods: moral modeling and involvement in actual moral activity in science and engineering ethics classes, based on the conceptual framework. (shrink)

In her seminal article ‘Modern Moral Philosophy’ (1958) Elizabeth Anscombe argued that we need a new ethics, one that uses virtue terms to generate absolute prohibitions against certain act-types. Leading contemporary virtue ethicists have not taken up Anscombe's challenge in justifying absolute prohibitions and have generally downplayed the role of rule-following in their normative theories. That they have not done so is primarily because contemporary virtue ethicists have focused on what is sufficient for characterizing the deliberation and (...) action of the fully virtuous person, and rule-following is inadequate for this task. In this article, I take up Anscombe's challenge by showing that rule-following is necessary for virtuous agency, and that virtue ethics can justify absolute prohibitions. First, I offer a possibility proof by showing how virtue ethics can generate absolute prohibitions in three ways: by considering actions that directly manifest vice or that cannot be performed virtuously; actions that are prohibited by one's institutional roles and practical identities; and actions that are prohibited by the prescriptions of the wise. I then seek to show why virtue ethicists should incorporate rule-following and absolute prohibitions into their theories. I emphasize the central role that rules have in the development of virtue, then motivate the stronger view that fully virtuous agents follow moral rules by considering the importance of hope, uncertainty about consequences, and taking responsibility for what eventuates. Finally, I provide an account of what Anscombe called a ‘corrupt mind’, explaining how our understanding of virtue is corrupted if we think that virtue may require us to do vicious actions. (shrink)

The virtues and vices of argument are now an established part of argumentation theory. They have helped direct attention to hitherto neglected aspects of how we argue. However, it remains controversial whether a virtue theory can contribute to some of the central questions of argumentation theory. Notably, Harvey Siegel disputes whether what he calls ‘arguments in the abstract propositional sense’ can be evaluated meaningfully within a virtue theory. This paper explores the prospects for grounding an account of argument (...) evaluation in arguers’ virtues and vices by examination of a corresponding debate in virtue ethics: Can an ethics of virtue guide our actions? It is thereby argued that an affirmative answer is possible: virtues suffice for argument evaluation. (shrink)

I argue that recent virtue theories (including those of Hursthouse, Slote, and Swanton) face important initial difficulties in accommodating the supererogatory. In particular, I consider several potential characterizations of the supererogatory modeled upon these familiar virtue theories (and their accounts of rightness) and argue that they fail to provide an adequate account of supererogation. In the second half of the paper I sketch an alternative virtue-based characterization of supererogation, one that is grounded in the attitudes of virtuous (...) ideal observers, and that avoids the concerns raised in the first part of the paper. (shrink)

In this paper, we embark on the complicated discussion about the nature of vice in Virtue Ethics through a twofold approach: first, by taking seriously the claim that virtues (and certain flavours of vices) are genuinely dispositional features possessed by agents, and secondly, by employing a pluralistic attitude borrowed from Battaly’s pluralism (2008). Through these lenses, we identify three varieties of viciousness: incontinence, indifference, and malevolence. The upshot is that the notion of vice is not as categorically homogeneous as (...) that of virtue: some states of viciousness consist in interference of present virtuous dispositions, or mimicking of absent vicious ones, whereas others can be considered genuine dispositions themselves. Furthermore, this set-up can provide an interesting, albeit highly idealized story as to how, through the interference in one’s environment, one gets acquainted with vice in various degrees. Finally, this approach can be illuminating vis-à-vis Virtue Ethics in general; e.g. we can employ it to discuss more productively Johnston’s (2003) objection to Hursthouse’s (1999) account of moral conduct. Finally, this approach can be illuminating vis-a-vis Virtue Ethics in general; e.g. we can employ it to discuss more productively Johnston’s (2003) objection to Hursthouse’s (1999) account of moral conduct. (shrink)

An interesting aspect of Ernest Sosa’s (2017) recent thinking is that enhanced performances (e.g., the performance of an athlete under the influence of a performance-enhancing drug) fall short of aptness, and this is because such enhanced performances do not issue from genuine competences on the part of the agent. In this paper, I explore in some detail the implications of such thinking in Sosa’s wider virtue epistemology, with a focus on cases of cognitive enhancement. A certain puzzle is then (...) highlighted, and the solution proposed draws from both the recent moral responsibility literature on guidance control (e.g., Fischer and Ravizza 1998; Fischer 2012) as well as from work on cognitive integration in the philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2008; Pritchard 2010; Palermos 2014; Carter 2017). (shrink)

Virtue theorists in ethics often embrace the following characterizationof right action: An action is right iff a virtuous agent would performthat action in like circumstances. Zagzebski offers a parallel virtue-basedaccount of epistemically justified belief. Such proposals are severely flawedbecause virtuous agents in adverse circumstances, or through lack ofknowledge can perform poorly. I propose an alternative virtue-based accountaccording to which an action is right (a belief is justified) for an agentin a given situation iff an unimpaired, fully-informed virtuous (...) observerwould deem the action to be right (the belief to be justified). (shrink)

Until recently, discussion of virtues in the philosophy of mathematics has been fleeting and fragmentary at best. But in the last few years this has begun to change. As virtue theory has grown ever more influential, not just in ethics where virtues may seem most at home, but particularly in epistemology and the philosophy of science, some philosophers have sought to push virtues out into unexpected areas, including mathematics and its philosophy. But there are some mathematicians already there, ready (...) to meet them, who have explicitly invoked virtues in discussing what is necessary for a mathematician to succeed. In both ethics and epistemology, virtue theory tends to emphasize character virtues, the acquired excellences of people. But people are not the only sort of thing whose excellences may be identified as virtues. Theoretical virtues have attracted attention in the philosophy of science as components of an account of theory choice. Within the philosophy of mathematics, and mathematics itself, attention to virtues has emerged from a variety of disparate sources. Theoretical virtues have been put forward both to analyse the practice of proof and to justify axioms; intellectual virtues have found multiple applications in the epistemology of mathematics; and ethical virtues have been offered as a basis for understanding the social utility of mathematical practice. Indeed, some authors have advocated virtue epistemology as the correct epistemology for mathematics (and perhaps even as the basis for progress in the metaphysics of mathematics). This topical collection brings together several of the researchers who have begun to study mathematical practices from a virtue perspective with the intention of consolidating and encouraging this trend. (shrink)

Are there virtues that constitutively involve using certain concepts? Does it make sense to speak of rights or duties to use certain concepts? And do consequentialist approaches to concepts necessarily have to reproduce the difficulties that plague utilitarianism? These are fundamental orientating questions for the emerging field of conceptual ethics, which invites us to reflect critically about which concepts to use. In this article, I map out and explore the ways in which conceptual ethics might take its cue from (...) class='Hi'>virtue-ethical, deontological, and consequentialist traditions of ethical thought, flagging the main difficulties facing each approach. I end by sketching how the various dimensions of evaluation singled out by these three traditions might be combined in a single approach. (shrink)

The chapter challenges hyperbolic claims about the centrality of appreciation of beauty to Buddhism. Within the texts, attitudes are more mixed, except for a form of 'inner beauty' - the beauty found in the expression of virtues or wisdom in forms of bodily comportment. Inner beauty is a stable presence throughout Buddhist history, practices, and art.