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)

Fārābī's legal theory, which is among his views in civil wisdom, consists of three things: foundation, source, and purpose. The foundations of Abu Nasr al-Fārābī's virtuous law is natural law, which is compatible with the objectives of Islamic Law. Furthermore, the source of the existing laws in the virtuous city, which is codified by the first ruler, is the divine revelation and tradition. Some divine traditions or natural laws are understood by common sense, and some others, which are (...) hidden from the understanding of the majority, are inspired by revelation to the first ruler of virtuous city, or the first ruler understands them by using his acquired intellect. The aim of the first ruler, which is also the aim of the laws of virtuous city, is the happiness. The problem of this study is to investigate and explain these three things (foundation, source, and purpose) with descriptive-analytical method, which can be considered as the theory of virtuous law, which is the same as Fārābī's legal theory. (shrink)

In the Laws, Plato argues that legislation must not only compel, but also persuade. This is accomplished by prefacing laws with preludes. While this procedure is central to the legislative project of the dialogue, there is little interpretative agreement about the strategy of the preludes. This paper defends an interpretation according to which the strategy is to engage with citizens in a way that anticipates their progress toward a more mature evaluative outlook, and helps them grow into it. This paper (...) shall refer to this strategy as proleptic engagement. While the virtuous ways of life required by law are intimately connected to happiness, the preludes do not persuade by spelling out this connection. Rather, they persuade by telling citizens what they need to hear so that they can come to appreciate this connection for themselves, in the context of their own lives. While the preludes are many and varied, this paper argues that all preambular material can be understood as proleptic engagement. (shrink)

Throughout his political works, Plato takes the aim of politics to be the virtue and happiness of the citizens and the unity of the city. This paper examines the roles played by law in promoting individual virtue and civic unity in the Republic, Statesman, and Laws. Section 1 argues that in the Republic, laws regulate important institutions, such as education, property, and family, and thereby creating a way of life that conduces to virtue and unity. Section 2 argues that in (...) the Statesman, the political expert determines the mean between extremes and communicates it to citizens through laws that guide their judgment and conduct, so that they become virtuous themselves and the city is unified; this account of the role of law suggest how even non-expert legislation can contribute to virtue and unity. Section 3 argues that the Laws affirms and develops the idea that citizens should know and accept the laws to become virtuous themselves and to unify the city, and explains how the persuasive preludes and the sanction for violation attached to laws contribute to citizen virtue and civic unity. (shrink)

It is widely agreed that Aristotle holds that the best moral education involves habituation in the proper pleasures of virtuous action. But it is rarely acknowledged that Aristotle repeatedly emphasizes the social and political sources of good habits, and strongly suggests that the correct law‐ordained education in proper pleasures is very rare or non‐existent. A careful look at the Nicomachean Ethics along with parallel discussions in the Eudemian Ethics and Politics suggests that Aristotle divided public moral education or law‐ordained (...) habituation into two types. One type is a defective form practiced by the Spartans, producing civic courage and similar defective virtue‐ like states motivated by external incentives. By contrast Aristotle endorses the law‐ordained musical education described in Politics 8. The chapter argues that Aristotle considers the well‐habituated state of proper pleasures in virtue to be best cultivated by this kind of musical education; and that this explains both his emphasis on good laws and on their scarcity. (shrink)

This paper explores two ideas in Aristotle: the idea that a just person is necessarily a lawful and law-abiding citizen, and second, the idea that the virtuous person necessarily cares about the common good. In this paper, I show that justice and its concern for the common good is central to Aristotle’s conception of the virtuous agent, and that justice, in turn, cannot be understood apart from the various laws that states devise for the common benefit.

This essay reads Oakeshott’s views on practice, politics, and aesthetics in the manner of the ‘hypothetical history’ of civilization in Rousseau’s Second Discourse. Under conditions of progress in the arts and sciences the future-oriented world of practice suffers under the law of ruin and practical selves become more inept at acting practically over time. This degeneration has a direct impact on the two tasks of civil association: progress favors the accumulation of power with its future-oriented temporality while it undermines the (...) cultivation of authority which is past-orientation. But only authority is the distinct concern of civil association. Consequently, civil association requires from its ruling offices to be increasingly artful in managing the imbalance between the two. Aesthetics with its temporality of presentness may come to their aid as it restores the present world from the oblivion of progressive practice by detaching its components from practical use. The political art thus requires the protection of the voice of poetry from the tendency of practice to overgrow its own boundaries. This dependence of politics on aesthetics is symbolized by the poets who ‘rule’ solely through authority and without any concern for power. In this hypothetical history the survival of civil association hinges not on the refusal to accumulate more power, but on its ever more demanding virtuous use for the sake of poetry. (shrink)

In this paper I challenge the commonly held view that Plato acknowledges and accepts the possibility of akrasia in the Laws. I offer a new interpretation of the image of the divine puppet in Book 1 - the passage often read as an account of akratic action -- and I show that it is not intended as an illustration of akrasia at all. Rather, it provides the moral psychological background for the text by illustrating a broader notion of self-rule as (...) a virtuous condition of the soul (and lack of self-rule as a vicious condition). I examine key discussions in the Laws in order to show how Plato makes use of this broader notion of self-rule throughout the dialogue, and I argue that nothing Plato says in the Laws commits him to the possibility of akrasia. One significant consequence of my interpretation of the puppet passage is that it avoids the need to posit developmentalism in Plato's late views about the embodied human soul, as some recent commentators have done: the moral psychology of the Laws, on my reading, is not incompatible with the Republic's tripartite theory of the soul. (shrink)

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment (...) of an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private (...) individuals. Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

This dissertation identifies and explains four major contributions of the Laws and related late dialogues to Plato's moral and political philosophy. -/- Chapter 1: I argue that Plato thinks the purpose of laws and other social institutions is the happiness of the city. A happy city is one in which the city's parts, i.e. the citizens, are unified under the rule of intelligence. Unlike the citizens of the Republic, the citizens of the Laws can all share the same true judgments (...) of value, and this unanimity explains the city's unity. Plato thinks that aiming at the city's happiness is justified, moreover, because a unified city contributes to the universe's order. -/- Chapter 2: In the Laws, Plato holds that the sick, poor, ugly, weak, but virtuous are happy, and that health, wealth, beauty, and strength benefit the virtuous but harm the vicious. Only in the Laws does Plato commit himself to all these claims simultaneously, and I explain how the moral psychology of the Laws permits Plato to maintain them coherently. -/- Chapter 3: I argue that, in the Laws, becoming virtuous is the same as becoming like God. Becoming like God does not require escape from the world of change as it does in the Theaetetus, however. Rather, becoming like God requires bringing "measure" or appropriate order to the world of change, especially to those entities over which we have the most control—our own souls. In the Laws, citizens achieve this order as they learn to be just and to understand the nature of reality. -/- Chapter 4: Unlike the Republic and Statesman, the Laws holds that obedience of the citizens to their laws should be effected, if possible, with rational persuasion. I argue that Plato wishes such persuasion to educate the citizens of the reasons for the laws. Understanding the laws' justification is the principal way in which citizens acquire the good judgment necessary for virtue. The city becomes more happy as the citizens progress in virtue, so rational persuasion is a necessary means to the lawgiver's overall aim. (shrink)

The moral problem, as articulated by Smith, arises out of the attempt to introduce the experimental method of reasoning into moral subjects, developed by Hume. This paper returns to Locke’s earlier attempt to provide an empirically adequate account of morality and the debate his attempt generated. It argues that the seeds of a more adequate, naturalistic account of the metaphysics and epistemology of morals than that developed by either Locke or Hume can already be found in aspects of Locke’s Essay (...) and in the defence of his views published by Catharine Trotter Cockburn. Locke and Cockburn find a natural, intrinsically moral, human disposition in our tendency to judge the moral good or evil of persons or actions in the light of their conformity with a moral law. It is constitutive of our nature as social beings that we are endowed ‘with a moral sense or conscience, that approves of virtuous actions, and disapproves the contrary.’ Moral laws are those prohibitions and obligations that benefit others and society as a whole. Thus, the question of natural, moral motivation is seen to be independent of the question of the objective grounds of moral truth. In virtue of our nature as social beings we are motivated to do what is approved of by other members of our society. Whether what is approved of by a society genuinely fosters the welfare of its members is an independent, a posteriori question that can only be answered through reasoned, empirically informed debate. (shrink)

Al-Fārābī's discussed fundamental issues in the first ten sections of Kītāb al-Mīllah briefly. Defining the nation (religion), describing the types of societies, dividing the nation (religion) into opinions and actions, and mentioning each of them, synonyms of the nation with other concepts such as religion and shārīʿa, the method of inferring the opinions of the nation, the similarity of the virtuous nation to philosophy, the relationship between the two components of the nation with theoretical philosophy and phronesis (practical philosophy), (...) dealing with fallacies using topic and rhetoric, the reasons for not expressing some laws by the first ruler, the conditions of the rulers after the first ruler, the wisdom, jurisprudence and virtue of the nation's ruler, and discussing the philosophical nature of jurisprudence, the most important contents of Al-Fārābī's in this ten section. On the other hand, it must be claimed that various theories can be extracted from Kītāb al-Mīllah: 1. Revelation as the highest faculty of reason; 2. The unity of theoretical philosophy and Phronesis- the unity of theoretical and practical reason; 3. Philosophy of jurisprudence; 4. Governance philosophy; 5. shārīʿa purposes; 6. Aristocracy; 7. Philosophical jurisprudence. In this paper, in addition to the translation of the first ten sections of Kītāb al-Mīllah, its content is also explained and these seven ideas are extracted from this treatise. (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 chapter situates Kant’s rejection of Stoic eudaimonism within his overarching anti-eudaimonist agenda. I begin by emphasizing the importance of the Stoic tradition for Kant’s critical reception of ancient ethical theory. I then reconstruct the central commitments of ancient Stoic eudaimonism and of Christian Garve’s quasi-Stoic eudaimonism. Turning to Kant’s anti-Stoic argument in the Dialectic of the Second Critique, I argue that the primary target of Kant’s error of subreption (vitium subreptionis) is the Stoic Seneca, specifically his account of joy (...) (gaudium) as an accompaniment of one’s consciousness of virtuous activity. After reconstructing Kant’s argument in detail, I offer a new way to understand its anti-eudaimonist implications: practical illusion leads the Stoic to rationalize, and, ultimately, to disfigure the moral law. Even in their moral ardor—or rather, propelled by it—the Stoic commits an error of self-love. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

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

My aim in this paper is to clarify Kant’s conception of self-contentment, which is a particular kind of satisfaction associated with being a virtuous person. I do so by placing the term in the context of Kant’s answer to an objection made by Kant’s contemporary Christian Garve, namely the objection that if virtuous action is accompanied by a feeling of satisfaction, then virtuous action might only performed in order to experience this feeling of satisfaction . I begin (...) by illustrating the main features of Kant’s concept of self-contentment before turning to Garve’s objection and Kant’s response to it. I conclude by clarifying the differences between self-contentment, respect for the moral law, and Kant’s concept of moral pleasure. (shrink)

Kant is frequently read as saying that all self-love is bad, and the virtuous agent is one who suppresses self-love as much as possible. This paper argues that this is mistaken and that the right kind of self-love – what Kant calls rational self-love – plays an important role in a successful moral life. It shows how Kant provides a detailed taxonomy of different kinds of self-love. He contrasts the (practical) incentive of self-love with the (pathological) feeling of it, (...) self-love of benevolence with self-love of delight, and self-absorbed/selfish with rational/moral varieties of each. The paper then argues that, while the Critique of Practical Reason only identifies a self-absorbed variety of self-love of delight, self-conceit, it gains a rational counterpart in Religion within the Bounds of Mere Reason: “self-contentment”. This is a positive self-love of delight uniquely felt by the morally good person. It is suggested that this shift reflects Kant’s increasing appreciation of the affective dimension of the virtuous life: for imperfect human beings the moral law must not only be worth obeying, but worth loving. Thus, while for morally bad agents self-love and morality inevitably conflict, good agents can and should love themselves. (shrink)

Montesquieu believes that human beings have three kinds of natures: self-preserving, imperfect knowledge and passions. The first and the third nature tend to conflict with each other, and the result is the state of war, in which human natures could not be satisfied. Montesquieu uses this theory of human nature to judge all the kinds of governments, and finds that the virtuous republic, despotism and monarchy all have important defects. Especially, the monarchy by nature tends to degenerate into despotism, (...) which is a realistic threat to him and his contemporaries. To solve this political problem, Montesquieu himself develops a two-fold solution: he wants to establish a certain kind of positive laws to satisfy the first nature, and wants to promote commerce to satisfy the third nature. Moreover, his ideal-government has important differences with the English political system. (shrink)

In the United States, all military personnel swear to obey “the orders of the President of the United States and the orders of the officers appointed over me.” Military personnel must obey orders promptly in order to facilitate effective military functioning. Yet, obedience to orders has been associated with the commission of war crimes. Military personnel of all ranks have committed torture, rape, genocide, and murder under orders. “I was just following orders” (respondaet superior) is no longer accepted as a (...) complete defense to a charge of war crimes. In the words of the Nuremberg court: “The obedience of a soldier is not the obedience of an automaton. A soldier is a reasoning agent”. This means that military personnel cannot evade responsibility for their actions under orders. But when and under what conditions should military personnel disobey orders? If obedience is sometimes morally wrong, how can obedience be a military virtue? In this chapter I argue that the only plausible conception of military obedience as a virtue is reflective obedience: obedience governed and constrained by the ends of the military profession serving a legitimate state and by the laws of armed conflict. Section 1 explains the concept of obedience and outlines the idea of virtuous obedience. Section 2 explores when the military has legitimate authority to compel obedience. Section 3 concludes by exploring the limits on obedience that derive from the military’s status as a profession and the legitimacy of the military’s authority to issue orders. (shrink)

In a lot of domains in metaphysics the tacit assumption has been that whichever metaphysical principles turn out to be true, these will be necessarily true. Let us call necessitarianism about some domain the thesis that the right metaphysics of that domain is necessary. Necessitarianism has flourished. In the philosophy of maths we find it held that if mathematical objects exist, then they do of necessity. Mathematical Platonists affirm the necessary existence of mathematical objects (see for instance Hale and Wright (...) 1992 and 1994; Wright 1983 and 1988; Schiffer 1996; Resnik 1997; Shapiro 1997 and Zalta 1988) while mathematical nominalists, usually in the form of fictionalists, hold that necessarily such objects fail to exist (see for instance Balaguer 1996 and 1998; Rosen 2001 and Yablo 2005). In metaphysics more generally, until recently it was more or less assumed that whatever the right account of composition—the account of under what conditions some xs compose a y—that account will be necessarily true (for a discussion of theories of composition see Simons 1987 and van Inwagen 1987 and 1990; the modal status of the composition relation is explicitly addressed in Schaffer 2007; Parsons 2006 and Cameron 2007). Similarly, it has generally been assumed that whatever the right account is of the nature of properties, whether they be universals, tropes, or whether nominalism is true, that account will be necessarily true (though see Rosen 2006 for a recent suggestion to the contrary). In considering theories of persistence it has been widely held that whether objects endure or perdure through time is a matter of necessity (Sider 2001; though see Lewis 1999 p227 who defends contingent perdurantism). And with respect to theories of time it is frequently held that whichever of the A- or B-theory is true is necessarily true. A-theorists often argue that there is time in a world only if the A-theory is true at that world (see for instance McTaggart 1903; Markosian 2004; Bigelow 1996; Craig 2001) while B-theorists often argue that the A-theory is internally inconsistent (Smart 1987; Mellor 1998; Savitt 2000 and Le Poidevin 1991). Once again, we find a few recent contingentist dissenters. Bourne (2006) suggests that it is a contingent feature of time that it is tensed, and thus that the A-theory is contingently true. Worlds in which there exist only B-theoretic properties are worlds with time, it is just that time in those worlds time is radically different to the way it is actually. Other defenders of the B-theory, though not expressly contingentists, do offer arguments against versions of the A-theory that try to show that such A-theories theories are inconsistent with the actual laws of nature (see for instance Saunders 2002 and Callender 2000); these arguments, at least, leave room for the possibility that the A-theories in question are contingently false (at least on the assumption that the laws of nature are themselves contingent, an assumption that not everyone accepts). Despite some notable exceptions, necessitarianism has flourished in many, if not most, domains in metaphysics. One such exception is Lewis’ famous defence of Humean supervenience as a contingent claim about our world. Lewis does not argue that necessarily, the supervenience base for all matters of fact in a world is nothing but a vast mosaic of local matters of particular fact. Rather, he thinks that we have reason to think that our world is one in which Humean supervenience holds (see Lewis 1986 p9-10 and 1994). Another exception to the necessitarian orthodoxy is to be found in the lively debate about the modal status of the laws of nature. Here, if anything, contingentism has been the dominating force, with it generally being held that there are possible worlds in which different laws of nature hold (this view is defended by, among others, Lewis 1986 and 2010; Schaffer 2005 and Sidelle 2002). Necessitarian dissenters hold that the laws of nature are necessary, frequently because they think it is necessary that fundamental properties have the causal or nomic profiles they do (see for instance Shoemaker 1980 and 1988; Swoyer 1982; Bird 1995; Ellis and Lierse 1994). Nevertheless, when it comes to thinking about the nature of the laws themselves, the necessitarian presumption is back on firm footing. Though there is disagreement about whether the laws are generalisations that feature in the most virtuous true axiomatisation of all the particular matters of fact (often known as the Humean view of laws and defended by Ramsey 1978; Lewis 1986 and Beebee 2000) or whether laws are relations of necessity that hold between universals (a view defended by Armstrong 1983; Dretske 1977; Tooley 1977 and Carroll 1990) no one has seriously suggested that it might be a contingent matter which of these is the right account of laws. The necessitarian orthodoxy is not surprising since metaphysics is largely an a priori process. While a priori reasoning may be used to determine whether a proposition is necessary or contingent, it is not well placed (in the absence of a posteriori evidence) to determine whether a contingent proposition is actually true or false. Since metaphysicians aim to tell us which principles are true in which worlds, on the face of it the discovery that metaphysical principles are contingent seems to make part of the task of metaphysics epistemically intractable. In what follows I consider two reasons one might end up embracing contingentism and whether this would lead one into epistemic difficulty. The following section considers a route to contingent metaphysical truths that proceeds via a combination of conceptual necessities and empirical discoveries. Section 3 considers whether there might be synthetic contingent metaphysical truths, and the final section raises the question of whether if there were such truths we would be well placed to come to know them. (shrink)

In this paper I argue that Leibniz's ethics is a kind of virtue ethics where virtues of the agent are explanatorily primary. I first examine how Leibniz obtained his conception of justice as a kind of love in an early text, Elements of Natural Law. I show that in this text Leibniz's goal was to find a satisfactory definition of justice that could reconcile egoism with altruism, and that this was achieved through the Aristotelian virtue of friendship where friends treat (...) each other as “other selves.” Following this decisive moment, Leibniz adopted an Aristotle‐inspired ethical framework where the virtuous agent is central for moral evaluations. I then show that, despite certain developments, Leibniz's ethics retained this essential feature throughout his career. In Leibniz's later writings, God constitutes the foundation of the moral realm, and the fundamental moral endeavor of human beings consists in the imitation of God. (shrink)

As analysis of Kant’s account of virtue in the Lectures on Ethics shows that Kant thinks of virtue as a form of moral self-mastery or self-command that represents a model of self-governance he compares to an autocracy. In light of the fact that the very concept of virtue presupposes struggle and conflict, Kant insists that virtue is distinct from holiness and that any ideal of moral perfection that overlooks the fact that morality is always difficult for us fails to provide (...) an appropriate model of human virtue. No matter how morally good we are or become, virtue remains a disposition to do one’s duty from duty, out of necessitation by practical reason. Yet, even though finite rational beings require a power of self-constraint in accordance with the commands of duty to comply with the law (which we obey reluctantly), the virtuous agent displays a unified soul that is at peace. This picture of virtue uncovered from the Lectures on Ethics thus reveals the way in which Kant’s conception of virtue accords with his foundational commitments in his moral theory, while at the same time representing a more complex theory of moral character and a life lived in accordance with practical reason. (shrink)

Pace much of the literature, I argue that Aristotle endorses what I call the ‘strong link thesis’: the claim that virtuous and vicious acts are voluntary just in case the character states from which they flow are voluntary. I trace the strong link thesis to Plato’s Laws, among other texts, and show how it functions in key arguments of both philosophers.

Freedom as a natural right, the importance of consent, defending the idea that government should be in the hands of the most virtuous and reflective citizens, denouncing patronage, the need to link individual and political freedom ? These are some of the characteristics of La Boétie's doctrine that I believe place him within the tradition that Quentin Skinner calls the neo-Roman conception of civil liberty. Of course, La Boétie did not write a positive defence of the rule of law, (...) as Livy did in his History of Rome and as the English republicans do, but the Discourse can easily be read as a legal plea condemning absolute monarchy and any kind of arbitrary regime. (shrink)

The paper aims at finding a way out of deadlocks in Malthus scholarship concerning his relationship to utilitarianism. The main claim is that Malthus viewed his own population theory and political economy as Hifsdisziplinen to moral and political philosophy, that is, empirical enquiries required in order to be able to pronounce justified value judgments on such matters as the Poor Laws. On the other hand, Malthus’s population theory and political economy were no value-free science and his policy advice – far (...) from being “utilitarian” – resulted from his overall system of ideas and was explicitly based on a set of traditional moral assumptions. These in turn were justified by a peculiar meta-ethical theory, which has been named in a somewhat improper way “theological utilitarianism” and which I propose to name instead “consequentialist voluntarism”. The issue of poverty and its remedies is the one where Malthus’s peculiar approach, once applied to a real-world issue, displays it potentialities, yielding a kind of policy-advice that is softer and more flexible than the one that may be drawn from Benthamite utilitarianism. The reconstruction shows how, through subsequent approximations and under pressure of critics, Malthus yields finally a kind of Institutional approach to policies concerning poverty, making room for generalized basic education, free markets for labour and for corn, colonies, and private beneficence. Such a mix of policies should bring about for the lower classes of society “the means of being respectable, virtuous and happy”. -/- . (shrink)

Could having a sense of humor be a virtue? In this paper, we argue for an affirmative answer to this question. Like other virtues, a sense of humor enhances and inhibits the expression of various emotions, especially amusement, contempt, trust, and hope. Someone possesses a virtuous sense of humor to the extent that they are well-disposed to appropriately enhance or inhibit these emotions in themselves and others through both embodied reactions (e.g., smiling, laughter, eyerolls) and language (e.g., telling jokes, (...) understanding others’ jokes, etc.). Regarding the aims or purposes of a sense of humor, we argue that a sense of humor aids both its bearer and other people who are socially connected to the bearer with coping, connection, capability, and criticism. If this is on the right track, then the value of a sense of humor is pluralistic: a sense of humor doesn’t do just one thing, but several things simultaneously. We then explore four contexts in which a sense of humor is especially needed, namely hardship, social relationships, social and political cooperation, and existential reflection. (shrink)

In his monograph *Happiness for Humans*, Daniel C. Russell argues that someone’s happiness is constituted by her virtuous engagement in a certain special sort of activity, which he calls *embodied activity*. An embodied activity is one which depends for its identity on things which lie outside of the agent’s control. What this means is that whether or not it is possible for the activity to continue is not completely up to the agent. A motivating example is my activity of (...) living alongside my spouse. Whether or not it is possible for this activity to continue is not entirely within my control, because my spouse might die, or otherwise become unavailable to me. To defend the view that it’s embodied activities which are constitutive of happiness, Russell defends what he calls the *embodied conception* of the self. This is the view that the boundaries of the self whose happiness is at stake include all the constitutive parts of our embodied activities. In response, I provide two arguments. Firstly, I show that while Russell makes a good case for the relevance of embodied *activities* to happiness, he doesn’t establish that we must adopt the embodied conception of the *self* in order to obtain those insights. Secondly, I argue that to draw the boundaries of the self in accordance with the embodied conception involves forming beliefs in a way that is not epistemically responsible. In making this argument I rely on the claim that there is a strong, particular sense in which other people are unknowable to us, a claim which is developed in the fiction of Haruki Murakami. (shrink)

The Pros and Cons of Religion in Human Society -/- Religion has been a central part of human civilization for thousands of years, shaping moral values, cultural traditions, and social structures. While it has inspired great acts of kindness, unity, and artistic expression, it has also been a source of conflict, division, and oppression. The impact of religion on society is complex, with both positive and negative aspects that influence human behavior and progress. This essay explores the benefits and drawbacks (...) of religion, examining how it has shaped societies throughout history. -/- The Pros of Religion In Society -/- 1. Moral and Ethical Guidance -/- One of the primary functions of religion is to provide a moral framework that guides human behavior. Many religious teachings promote values such as compassion, honesty, justice, and respect for others. Throughout history, religious principles have served as the foundation for legal systems and ethical standards. For example, the Ten Commandments in Christianity and Judaism, the Five Precepts in Buddhism, and the moral teachings of Islam have all contributed to the development of societal laws and norms. -/- 2. Community and Social Support -/- Religious institutions create a sense of belonging and social cohesion. They bring people together through shared beliefs, rituals, and traditions. In times of crisis, religious communities provide emotional and financial support to those in need. Churches, mosques, temples, and other religious centers often serve as safe spaces where individuals can seek guidance and assistance. This sense of community strengthens social bonds and provides comfort during difficult times. -/- 3. Psychological and Emotional Comfort -/- Faith offers hope, meaning, and purpose to people, especially when facing hardship, grief, or uncertainty. Many individuals turn to religion to find solace in times of illness, loss, or personal struggles. Prayer, meditation, and religious rituals provide psychological relief and help people develop resilience against life’s challenges. The belief in a higher power or an afterlife can give individuals a sense of peace, reducing anxiety and fear of the unknown. -/- 4. Charity and Humanitarian Efforts -/- Many religious organizations engage in charitable work, helping the poor, sick, and marginalized. Religious teachings often encourage acts of kindness, generosity, and service to others. For example, Christian missionary groups build schools and hospitals, Islamic charities provide food and shelter to those in need, and Buddhist monks dedicate their lives to helping the less fortunate. This commitment to charity has led to the establishment of numerous non-profit organizations that improve lives worldwide. -/- 5. Cultural and Artistic Contributions -/- Religion has played a crucial role in inspiring some of the greatest artistic, literary, and architectural achievements in history. Religious themes are evident In the works of Michelangelo, Leonardo da Vinci, and many other artists. Cathedrals, temples, and mosques showcase the architectural brilliance of different civilizations. Sacred texts, hymns, and poetry have enriched literature and music across cultures. Without religion, many of these masterpieces might not exist. -/- 6. Social Cohesion and Stability -/- Shared religious beliefs help unify societies by fostering cooperation, mutual understanding, and social order. Many religious teachings emphasize peace, forgiveness, and reconciliation, which can prevent conflicts and promote harmony within communities. Religious institutions often encourage people to live virtuous lives and contribute positively to society, reinforcing stability and reducing crime. -/- 7. Influence on Personal Discipline and Growth -/- Religious practices encourage self-discipline, self-improvement, and mindfulness. Fasting, prayer, meditation, and other spiritual exercises help individuals cultivate patience, humility, and inner peace. Many religions promote the idea of lifelong learning and personal development, urging followers to strive for a better version of themselves. -/- The Cons of Religion in Society -/- 1. Dogmatism and Resistance to Change -/- While religion provides moral guidance, some religious institutions resist change and scientific progress. Throughout history, religious groups have opposed advancements in medicine, education, and human rights. The rejection of scientific discoveries, such as heliocentrism and evolution, demonstrates how religious dogma can hinder intellectual progress. -/- 2. Division and Conflict -/- Religious differences have been a source of wars, persecution, and social divisions. The Crusades, religious wars in Europe, and conflicts between different faiths have resulted in immense suffering. Even today, religious extremism and sectarian violence continue to fuel tensions in many parts of the world. Instead of uniting people, religion can sometimes create barriers between different groups. -/- 3. Suppression of Individual Freedom -/- Some religious doctrines impose strict rules on personal behavior, limiting individual freedom and self-expression. In certain religious societies, people face restrictions on their dress, career choices, and even personal relationships. Gender inequality, discrimination against LGBTQ+ individuals, and restrictions on freedom of thought are often justified using religious texts. This suppression of freedom can prevent people from living fulfilling lives according to their own beliefs. -/- 4. Exploitation and Corruption -/- Religious institutions have been used as tools for personal and political gain. Corrupt leaders have exploited followers for financial and political power. Cases of sexual abuse, fraud, and manipulation within religious organizations have damaged trust in religious institutions. When religious leaders misuse their influence for selfish purposes, it harms believers and weakens the moral authority of religion. -/- 5. Psychological Fear and Guilt -/- Some religious teachings instill fear of punishment, such as eternal damnation or divine wrath. This can create guilt and anxiety in individuals, leading to feelings of unworthiness or depression. The emphasis on sin and repentance can sometimes lead people to develop an unhealthy relationship with their own desires and emotions. -/- 6. Impediment to Scientific Thinking -/- In some cases, religious beliefs conflict with scientific knowledge, discouraging rational inquiry and critical thinking. Many religious traditions reject evidence-based theories like evolution and the Big Bang, promoting faith over reason. This resistance to scientific understanding can slow progress in fields such as medicine, environmental science, and technology. -/- 7. Overpopulation and Societal Issues -/- Certain religious teachings discourage birth control and family planning, leading to overpopulation and resource scarcity. In countries where religious beliefs strongly influence policy, restrictions on contraception contribute to high poverty rates and environmental degradation. Without proper population control, societal issues such as hunger, unemployment, and lack of healthcare become more severe. -/- Conclusion -/- Religion has been both a unifying force and a source of division in human history. It provides moral guidance, community support, and psychological comfort, while also inspiring charity and cultural achievements. However, it can also contribute to conflict, suppression of individual freedoms, and resistance to progress. -/- A balanced approach—one that respects religious traditions while promoting critical thinking and secular governance—can help societies maximize the benefits of religion while minimizing its negative effects. By encouraging open-mindedness and ethical responsibility, humans can ensure that religion continues to serve as a positive force in the modern world. -/- . (shrink)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...) perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...) is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)

This Ph.D. thesis aims to provide a comprehensive account of the relationship between ethics and epistemology in Plato’s late dialogues (specifically, Sophist, Statesman, Philebus, and Laws). While scholars have been concerned with understanding the extent to which Plato’s middle dialogues resonate with his early theory of ethical intellectualism (according to which knowledge is a necessary and sufficient condition for virtue), Plato’s later moral epistemology has received much less attention. The few scholars who have worked on the subject have argued that (...) Plato’s late dialogues present a radical transformation of the epistemological and ethical ideas displayed in Plato’s earlier works. The scholarly debate has almost unanimously concluded that Plato’s late dialogues heavily revise the theory of ethical intellectualism that, arguably, features in the earlier works. Through an in-depth analysis of the late dialogues’ textual evidence, this thesis will show that the so-called Socratic theory of ethical intellectualism has not been abandoned by Plato in his late works. To this end, I will contend that the Sophist, the Statesman, the Philebus, and the Laws suggest that (philosophical) knowledge is the ultimate condition that a moral agent has to meet to be fully virtuous. In addition, taking for granted that philosophers alone can achieve a full and philosophical virtue, I will also show that Plato’s later moral epistemology extends beyond philosophers. For, while achieving philosophical knowledge is presented as a necessary and sufficient condition for being virtuous, I will argue that Plato’s late dialogues establish that opinion, if true, is sufficient for acting virtuously. (shrink)

The centennial of Dewey & Tuft’s Ethics (1908) provides a timely opportunity to reflect both on Dewey’s intellectual debt to utilitarian thought, and on his critique of it. In this paper I examine Dewey’s assessment of utilitarianism, but also his developing view of the good (ends; consequences), the right (rules; obligations) and the virtuous (approbations; standards) as “three independent factors in morals.” This doctrine (found most clearly in the 2nd edition of 1932) as I argue in the last sections, (...) has significant forward-going implications for debates in ethics, insofar as it functions to deflate debates among ethicists that turns on claims about the conceptual primacy of any one of these three ethical concepts over the other two. To find what “permanent value each group contributes to the clarification and direction of reflective morality” was the task Dewey set for himself. But to carry that project through demands showing also why the application of considerations of ends, rules, and virtues to problems of practice is not quite as many self-described utilitarians, deontologists, and virtue ethicists conceive it. (shrink)

I consider Paulina Sliwa’s fruitful account of “taking responsibility” as “owning the normative footprint” of a wrong. Unlike most, Sliwa approaches the topic without concern for what I call “responsible agency.” I raise the possibility that this is virtue. I then question whether the “footprint” is simply given with the wrong or whether it must instead be made determinate through subsequent interaction, perhaps through conversation. I next distinguish two different kinds of conversation: a cooperative negotiation and a low-level power struggle. (...) The later is often part of what I call “the blame game.” I suggest that the “blame” of the blame game is the blame of ordinary life, to be distinguished from the technical term in the current philosophical literature, and I give an account of it. I note that one may sometimes opt out of the blame game simply by owning a generous interpretation of the footprint, something Sliwa discusses. I note that doing so is sometimes, but not always, virtuous. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...) somehow depends on our actions, our freedom is still threatened. This paper defends the dependence solution, first, by offering an error theory for the intuitions that drive Cyr’s case and, second, by pointing out some arguably mysterious implications of accepting those intuitions. These points taken in conjunction show that Cyr’s case, although quite fascinating, is not as challenging as it might at first seem. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

Although virtue ethics has repeatedly been proposed as a suitable framework for the development of artificial moral agents, it has been proven difficult to approach from a computational perspective. In this work, we present the first technical implementation of artificial virtuous agents in moral simulations. First, we review previous conceptual and technical work in artificial virtue ethics and describe a functionalistic path to AVAs based on dispositional virtues, bottom-up learning, and top-down eudaimonic reward. We then provide the details of (...) a technical implementation in a moral simulation based on a tragedy of the commons scenario. The experimental results show how the AVAs learn to tackle cooperation problems while exhibiting core features of their theoretical counterpart, including moral character, dispositional virtues, learning from experience, and the pursuit of eudaimonia. Ultimately, we argue that virtue ethics provides a compelling path toward morally excellent machines and that our work provides an important starting point for such endeavors. (shrink)

Sometimes, in the Nicomachean Ethics (NE), Aristotle describes virtuous actions as the sorts of actions that are ends; it is important for Aristotle to do so if he wants to maintain, as he seems to at least until NE 10.7-8, that virtuous actions are a constituent of eudaimonia. At other times, he claims that virtuous actions are the sorts of actions that are for the sake of ends beyond themselves; after all, no one would choose to go (...) into battle or give away a significant portion of their wealth if it did not realize some good end. In this paper, I review the familiar problem raised by Aristotle's discussion of the nature of virtuous actions, propose a solution to this problem by appealing to a distinction between virtuous actions and 'acting virtuously', and sketch the significance of this solution for understanding the relationship between virtue and human happiness. (shrink)

In this paper I describe and defend an account of virtuous motivation that differs from what we might call ordinary moral motivation. It is possible to be morally motivated without being virtuously motivated. In the first half of the essay, I explore different senses of moral motivation and the philosophical puzzles and problems it poses. In the second half, I give an account of virtuous motivation that, unlike ordinary moral motivation, requires the motivational structure characteristic of a fully (...) virtuous person. I draw on Aristotle's account of virtuous action to argue that a fully virtuous agent's judgment reflects a robust form of moral knowledge about what features of an action render it virtuous and hence, choiceworthy. Virtuously motivated actions are chosen in light of those features and are accompanied by the affective state appropriate to the overall moral landscape in which the judgment is made. (shrink)

Virtue ethics has many times been suggested as a promising recipe for the construction of artificial moral agents due to its emphasis on moral character and learning. However, given the complex nature of the theory, hardly any work has de facto attempted to implement the core tenets of virtue ethics in moral machines. The main goal of this paper is to demonstrate how virtue ethics can be taken all the way from theory to machine implementation. To achieve this goal, we (...) critically explore the possibilities and challenges for virtue ethics from a computational perspective. Drawing on previous conceptual and technical work, we outline a version of artificial virtue based on moral functionalism, connectionist bottom–up learning, and eudaimonic reward. We then describe how core features of the outlined theory can be interpreted in terms of functionality, which in turn informs the design of components necessary for virtuous cognition. Finally, we present a comprehensive framework for the technical development of artificial virtuous agents and discuss how they can be implemented in moral environments. (shrink)