This dissertation examines the psychology of moral judgment and its implications for normative ethics and metaethics. Recent empirical findings in moral psychology, such as the impact of emotions, intuitions, and situational factors on moral judgments, have sparked a debate about whether ordinary moral judgments are systematically error-prone. Some philosophers, such as Peter Singer and Joshua Greene, argue that these findings challenge the reliability of moral intuitions and support more "reasoned", consequentialist approaches over deontological ones. (...) The first part of the dissertation reviews these provocative findings and the philosophical reactions to them, which often invoke the notion of 'moral relevance' - the idea that some factors shaping moral judgments are morally irrelevant. The second part develops a psychological account of moral relevance, drawing on theories of the moral domain, the role of emotions, and models of moral cognition. This account reveals the complex interplay of intuitive and reasoned processes in generating impressions of moral relevance. The final part reevaluates the philosophical discussions in light of this psychological understanding. It contends that the evolutionary background of moral intuitions does not necessarily render them inadequate, and that both deontological and consequentialist judgments likely depend on evolved intuitions to a significant degree. Furthermore, the tendency to dismiss certain influences on moral judgment as irrelevant can itself be explained psychologically. Considering the psychological account presented, mind-independent accounts of morality become less plausible. The dissertation concludes that while empirical moral psychology reveals important constraints on normative theorizing, it does not decisively favor consequentialism over deontology. To assess the significance of empirical-scientific findings for ethics, a nuanced understanding of the origins of moral judgments is nevertheless indispensable. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same (...) action and intention. While some argue luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

Joshua Greene has argued that the empirical findings of cognitive science have implications for ethics. In particular, he has argued (1) that people’s deontological judgments in response to trolley problems are strongly influenced by at least one morally irrelevant factor, personal force, and are therefore at least somewhat unreliable, and (2) that we ought to trust our consequentialist judgments more than our deontological judgments when making decisions about unfamiliar moral problems. While many cognitive scientists have rejected Greene’s dual- (...) class='Hi'>process theory of moral judgment on empirical grounds, philosophers have mostly taken issue with his normative assertions. For the most part, these two discussions have occurred separately. The current analysis aims to remedy this situation by philosophically analyzing the implications of moral dilemma research using the CNI model of moral decision-making – a formalized, mathematical model that decomposes three distinct aspects of moral-dilemma judgments. In particular, we show how research guided by the CNI model reveals significant conceptual, empirical, and theoretical problems with Greene’s dual-process theory, thereby questioning the foundations of his normative conclusions. (shrink)

The standard way to test alternative descriptive theories of moral judgment is by asking subjects to evaluate (amongst others) sacrificial dilemmas, where acting classifies as a utilitarian moral judgment and not acting classifies as a deontological moral judgment. Previous research uncovered many situational factors that alter subject’s moral judgments without affecting which type of action utilitarianism or deontology would recommend. This literature review provides a systematic analysis of the experimental literature on the influence (...) of situational factors on moral judgments in sacrificial dilemmas. It analyses 53 articles in detail and reports mean effect sizes, as well as operationalizations, for 36 situational factors that significantly influence moral judgment. Moreover, the review discusses how the impact of situational factors relates to a dual process theory of moral judgment. It supports the view that utilitarian judgments are driven by controlled cognitive processes and shows that the drivers of deontological judgments depend on valence. (shrink)

Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments (...) favorable to reflective deliberation, the vast majority of people judge a lucky and an unlucky agent as equally blameworthy, and their actions as equally wrong and permissible. The philosophical Puzzle of Moral Luck, and the challenge to the very possibility of systematic ethics it is frequently taken to engender, thus simply do not arise. Second, punishment judgments are significantly more outcome- dependent than wrongness, blame, and permissibility judgments. While this constitutes evidence in favor of current Dual Process Theories of moral judgment, the latter need to be qualified: punishment and blame judgments do not seem to be driven by the same process, as is commonly argued in the literature. Third, in between-subjects experiments, outcome has an effect on all four types of moral judgments. This effect is mediated by negligence ascriptions and can ultimately be explained as due to differing probability ascriptions across cases. (shrink)

Rapid technological advancements such as fMRI have led to the rise of neuroscientific discoveries. Coupled with findings from cognitive psychology, they are claiming to have solved the millennia-old puzzle of moral cognition. If true, our societal structures – and with that the criminal law – would be gravely impacted. This thesis concerns itself with four distinct theories stemming from the disciplines above as to what mechanisms constitute moral judgement: the Stage Model by KOHLBERG, the Universal Moral Grammar (...) Theory by MIKHAIL, the Social Intuitionist Model by HAIDT, and the Dual-Process Theory by GREENE – comparing the findings of the latter to the consequentialist and retributivist theories of punishment present in the American Criminal Law Doctrine. Analysing both a direct (link to deontology) and indirect (link to incompatibilism) approach to discrediting retributivism, I come to the conclusion that while science can have an impact on our morals and thus on the law, the current state of neuroscientific findings are not capable of shattering foundational notions of the criminal law. (shrink)

We argue that moral decision making is reasons-based, focusing on the idea that people encounter decisions as questions to be answered and that they process reasons to the extent that they can see them as putative answers to those questions. After introducing our topic, we sketch the erotetic reasons-based framework for decision making. We then describe three experiments that extend this framework to moral decision making in different question frames, cast doubt on theories of moral decision (...) making that discount reasons and appeal, and replicate our initial finds in moral contexts that do not involve direct physical harm. We conclude by reinterpreting Stanley Milgram’s studies in destructive obedience in our new framework. (shrink)

In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand more about experimental (...) evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

The thesis investigates the implications for moral philosophy of research in psychology. In addition to an introduction and concluding remarks, the thesis consists of four chapters, each exploring various more specific challenges or inputs to moral philosophy from cognitive, social, personality, developmental, and evolutionary psychology. Chapter 1 explores and clarifies the issue of whether or not morality is innate. The chapter’s general conclusion is that evolution has equipped us with a basic suite of emotions that shape our (...) class='Hi'>moral judgments in important ways. Chapter 2 presents and investigates the challenge presented to deontological ethics by Joshua Greene’s so-called dual process theory. The chapter partly agrees with his conclusion that the dual process view neutralizes some common criticisms against utilitarianism founded on deontological intuitions, but also points to avenues left to explore for deontologists. Chapter 3 focuses on Katarzyna de Lazari-Radek and Peter Singer’s suggestion that utilitarianism is less vulnerable to so-called evolutionary debunking than other moral theories. The chapter is by and large critical of their attempt. In the final chapter 4, attention is directed at the issue of whether or not social psychology has shown that people lack stable character traits, and hence that the virtue ethical view is premised on false or tenuous assumptions. Though this so-called situationist challenge at one time seemed like a serious threat to virtue ethics, the chapter argues for a moderate position, pointing to the fragility of much of the empirical research invoked to substantiate this challenge while also suggesting revisions to the virtue-ethical view as such. (shrink)

The concept of acting intentionally is an important nexus where ‘theory of mind’ and moral judgment meet. Preschool children’s judgments of intentional action show a valence-driven asymmetry. Children say that a foreseen but disavowed side-effect is brought about 'on purpose' when the side-effect itself is morally bad but not when it is morally good. This is the first demonstration in preschoolers that moral judgment influences judgments of ‘on-purpose’ (as opposed to purpose influencing moral (...) class='Hi'>judgment). Judgments of intentional action are usually assumed to be purely factual. That these judgments are sometimes partly normative — even in preschoolers — challenges current understanding. Young children’s judgments regarding foreseen side-effects depend upon whether the children process the idea that the character does not care about the side-effect. As soon as preschoolers effectively process the ‘theory of mind’ concept, NOT CARE THAT P, children show the side-effect effect.idea.. (shrink)

The direct social perception thesis claims that we can directly perceive some mental states of other people. The direct perception of mental states has been formulated phenomenologically and psychologically, and typically restricted to the mental state types of intentions and emotions. I will compare DSP to another account of mindreading: dual process accounts that posit a fast, automatic “Type 1” form of mindreading and a slow, effortful “Type 2” form. I will here analyze whether dual process (...) accounts’ Type 1 mindreading serves as a rival to DSP or whether some Type 1 mindreading can be perceptual. I will focus on Apperly and Butterfill’s dual process account of mindreading epistemic states such as perception, knowledge, and belief. This account posits a minimal form of Type 1 mindreading of belief-like states called registrations. I will argue that general dual process theories fit well with a modular view of perception that is considered a kind of Type 1 process. I will show that this modular view of perception challenges and has significant advantages over DSP’s phenomenological and psychological theses. Finally, I will argue that if such a modular view of perception is accepted, there is significant reason for thinking Type 1 mindreading of belief-like states is perceptual in nature. This would mean extending the scope of DSP to at least one type of epistemic state. (shrink)

Hume is believed by many to hold an emotivist thesis, according to which all expressions of moral judgements are expressions of moral sentiments. However, most specialist scholars of Hume either deny that this is Hume's position or believe that he has failed to argue convincingly for it. I argue that Hume is an emotivist, and that his true arguments for emotivism have been hitherto overlooked. Readers seeking to understand Hume's theory of moral judgements have traditionally looked (...) to the first section of Book 3 of his Treatise, which discusses the relation between morality and reason. I argue that there is evidence elsewhere which better supports Hume's emotivist thesis. Hume's arguments for emotivism focus more on the causes of moral sentiments than on their relation to reason or belief, and he argues that moral sentiments are such as to arise whenever we contemplate morally relevant objects. He also holds that the presence of moral sentiments precludes any possibility of moral belief, because moral beliefs could only be less vivid copies of moral sentiments, and these cannot simultaneously exist. Hume concludes that all moral judgements must be expressions of sentiments. (shrink)

Our pains can be more or less intense, our mental imagery can be more or less vivid, our perceptual experiences can be more or less striking. These degrees of intensity of conscious experiences are all manifestations of a phenomenal property I call mental strength. In this article, I argue that mental strength is a domain-general phenomenal magnitude; in other words, it is a phenomenal quantity shared by all conscious experiences that explains their degree of felt intensity. Mental strength has been (...) largely overlooked in favor of mental states’ type, representational contents, domain-specific phenomenology, or processes such as attention. Considering mental strength in our reflections about the mind illuminates debates about the relation of representational contents and phenomenal character, and it also helps address questions about the structure and functions of consciousness. Mental strength provides a unifying construct to model what is shared in the phenomenology of different types of conscious experiences. (shrink)

This dissertation is a contribution to the field of empirically informed metaethics, which combines the rigorous conceptual clarity of traditional metaethics with a careful review of empirical evidence. More specifically, this work stands at the intersection of moral psychology, moral epistemology, and philosophy of action. The study comprises six chapters on three distinct (although related) topics. Each chapter is structured as an independent paper and addresses a specific open question in the literature. The first part concerns the psychological (...) features and cognitive function of moral intuition. Chapter 1 (“Moral intuition, strength, and metacognition”) is focused on the concept of intuitive strength, which is one of the defining features of moral intuition. I provide a metacognitive account of intuitive strength and show why such a view is preferable to emotional or quasi-perceptual accounts. Then, in Chapter 2 (“Dual process reflective equilibrium”), I will discuss the interplay between intuition and reflection in moral reasoning. I will contend that the influential “default-interventionist” model of reasoning, theorized by Greene, is insufficiently supported by the evidence. In light of some recent studies, I outline an account of moral reasoning in which intuition and reflection are not in conflict but cooperate to reach a reflective goal. I call this model dual process reflective equilibrium. The aim of the first part is descriptive, i.e., it argues for an accurate understanding of moral intuition and reasoning in light of the available empirical evidence. In contrast, the second part addresses a normative question: is a subject epistemically justified in forming a belief on the basis of a moral intuition? Skeptics of moral intuition argue that accepting moral intuitions should be the exception rather than the rule to the extent that epistemically defective processes determine the content of moral intuitions. Chapter 3 (“Moral intuitionism and the reliability challenge”) introduces the recent empirical challenges to the reliability of moral intuitions and elaborates a promising strategy for defending intuitionism. In short, I consider whether subjects can track the reliability of their intuitions with their confidence. In Chapter 4 (“The argument from limited cognitive resources”), I evaluate a different strategy to defend moral intuitionism. Specifically, I develop an argument according to which accepting moral intuitions is legitimate because it is the most rational option that a subject has, given her limited resources. The third and final part of the dissertation concerns the role of moral intuitions in action. The influence of automatic processes on moral conduct raises different challenges to moral philosophy. The first challenge is to explain how a subject can be motivated by certain values without the mental effort of deliberation. Chapter 5 (“Caring, moral motivation, and automatic conduct”) tackles this issue. Chapter 6 (“Moral sensitivity as skillful automaticity”) aims to explain how moral agents can be sensitive to good reasons through automatic mental processes. (shrink)

This paper critically examines two objections and raises a new objection against the besire theory of moral judgment. Firstly, Smith (1994) observes that a belief that p tends to expire whereas a desire that p tends to endure on the perception that not p. His observation does not refute the sophisticated version of the besire theory that to besire that p is to believe that p and to desire to act in accordance with the belief that (...) p. Secondly, Zangwill (2008) claims that the strength of motivation may vary while the degree of belief remains constant. Besirists would reply that a besire admits of both degree and strength. Finally, I argue that the belief that p endures while the desire to act on the belief that p expires with the introduction of a new bodily condition, and hence that the belief and the desire are distinct mental states. (shrink)

This paper is a discussion of the ‘moralization’ of resentment in Adam Smith’s Theory of Moral Sentiments. By moralization, I do not refer to the complex process by which resentment is transformed by the machinations of sympathy, but a prior change in how the ‘raw material’ of the emotion itself is presented. In just over fifty pages, not only Smith’s attitude toward the passion of resentment, but also his very conception of the term, appears to shift dramatically. (...) What is an unpleasant, unsocial and relatively amoral passion of anger in general metamorphoses into a morally and psychologically rich account of a cognitively sharpened, normatively laden attitude, an attitude that contains both the judgment that the injury done to me was unjust and wrongful, and the demand that the offender acknowledge its wrongfulness. Two very different readings of ‘Smithean resentment’ are thus available from the text. Indeed, the notion of two distinct forms of resentment – an instinctive, amoral version and a rich, rationally appraising attitude – would bring Smith into line with an earlier account of resentment, found in Bishop Joseph Butler’s Fifteen Sermons Preached at Rolls Chapel, first published in 1726. Ultimately, I argue, the differences in their theories are to Smith’s credit. It is precisely because the ‘thin’ or generic retaliatory passion described in Part I can be reconciled with the rich, normative attitude in Part II, that Smith is able to accomplish his meta-ethical goal of grounding moral judgments in naturally occurring emotions. (shrink)

This essay argues that recent evidence in neurobiology and psychology supports Aristotle’s foundational psychology and account of self-control and demonstrates that his account of virtue is still relevant for understanding human agency. There is deep correlation between the psychological foundation of virtue that Aristotle describes in The Nicomachean Ethics (NE)—namely his distinction between the rational and nonrational parts of the soul, the way that they interact, and their respective roles in self-controlled action—and dual-process models of moral (...) class='Hi'>judgment. Furthermore, Aristotle’s conception of character traits requires emotion regulation, and there is growing evidence in neurobiology and psychology of this ability. Most importantly, individuals can intentionally influence and control their “emotion-generating” system, and furthermore can generate lasting neurological and behavioral changes through deliberate practice. This essay briefly reviews Aristotle’s account of the ψυχή (psyche/soul) and moral virtue in the Nicomachean Ethics, and then reviews contemporary evidence of emotional self-regulation or self-control that correlates with Aristotle’s account of virtue, demonstrating the ongoing relevance of Aristotle for understanding human agency. (shrink)

Causal selection is the cognitive process through which one or more elements in a complex causal structure are singled out as actual causes of a certain effect. In this paper, we report on an experiment in which we investigated the role of moral and temporal factors in causal selection. Our results are as follows. First, when presented with a temporal chain in which two human agents perform the same action one after the other, subjects tend to judge the (...) later agent to be the actual cause. Second, the impact of temporal location on causal selection is almost canceled out if the later agent did not violate a norm while the former did. We argue that this is due to the impact that judgments of norm violation have on causal selection—even if the violated norm has nothing to do with the obtaining effect. Third, moral judgments about the effect influence causal selection even in the case in which agents could not have foreseen the effect and did not intend to bring it about. We discuss our findings in connection to recent theories of the role of moral judgment in causal reasoning, on the one hand, and to probabilistic models of temporal location, on the other. (shrink)

Studying the neural correlates of conscious awareness depends on a reliable comparison between activations associated with awareness and unawareness. One particularly difficult confound to remove is task performance capacity, i.e. the difference in performance between the conditions of interest. While ideally task performance capacity should be matched across different conditions, this is difficult to achieve experimentally. However, differences in performance could theoretically be corrected for mathematically. One such proposal is found in a recent paper by Lamy, Salti and Bar-Haim [Lamy (...) D, Salti M, Bar-Haim Y. Neural correlates of subjective awareness and unconscious processing: an ERP study. J Cognitive Neurosci 2009,21:1435-46], who put forward a corrective method for an electroencephalography experiment. We argue that their analysis is essentially grounded in a version of High Threshold Theory, which has been shown to be inferior in general to Signal Detection Theory. We show through a series of computer simulations that their correction method only partially removes the influence of perfor- mance capacity, which can yield misleading results. We present a mathematical correction method based on Signal Detection Theory that is theoretically capable of removing performance capacity confounds. We discuss the limitations of mathemati- cally correcting for performance capacity confounds in imaging studies and its impact for theories about consciousness. (shrink)

Introspection is a fundamental part of our mental lives. Nevertheless, its reliability and its underlying cognitive architecture have been widely disputed. Here, I propose a principled way to model introspection. By using time-tested principles from signal detection theory (SDT) and extrapolating them from perception to introspection, I offer a new framework for an introspective signal detection theory (iSDT). In SDT, the reliability of perceptual judgments is a function of the strength of an internal perceptual response (signal- to-noise ratio) (...) which is, to a large extent, driven by the intensity of the stimulus. In parallel to perception, iSDT models the reliability of introspective judgments as a function of the strength of an internal introspective response (signal-to-noise ratio) which is, to a large extent, driven by the intensity of conscious experiences. Thus, by modelling introspection after perception, iSDT can calibrate introspection’s reliability across a whole range of contexts. iSDT offers a novel, illuminating way of thinking about introspection and the cognitive processes that support it. (shrink)

Sometimes we learn through the use of imagination. The epistemology of imagination asks how this is possible. One barrier to progress on this question has been a lack of agreement on how to characterize imagination; for example, is imagination a mental state, ability, character trait, or cognitive process? This paper argues that we should characterize imagination as a cognitive ability, exercises of which are cognitive processes. Following dual process theories of cognition developed in cognitive science, the set (...) of imaginative processes is then divided into two kinds: one that is unconscious, uncontrolled, and effortless, and another that is conscious, controlled, and effortful. This paper outlines the different epistemological strengths and weaknesses of the two kinds of imaginative process, and argues that a dual process model of imagination helpfully resolves or clarifies issues in the epistemology of imagination and the closely related epistemology of thought experiments. (shrink)

To find the neural substrates of consciousness, researchers compare subjects’ neural activity when they are aware of stimuli against neural activity when they are not aware. Ideally, to guarantee that the neural substrates of consciousness—and nothing but the neural substrates of consciousness—are isolated, the only difference between these two contrast conditions should be conscious awareness. Nevertheless, in practice, it is quite challenging to eliminate confounds and irrelevant differences between conscious and unconscious conditions. In particular, there is an often-neglected confound that (...) is crucial to eliminate from neuroimaging studies: task performance. Unless subjects’ task performance is matched (and hence perceptual signal processing is matched), researchers risk finding the neural correlates of perception, rather than conscious perception. Here, we discuss the theoretical motivations for the performance matching framework and review empirical demonstrations of, and theoretical inferences derived from, obtaining differences in consciousness while controlling for task performance. We summarize signal detection theoretic modeling frameworks that explain how it is that we can derive performance-matched differences in consciousness without the effect being trivially driven by differences in criterion setting, and also provide principles for designing experimental paradigms that yield performance-matched differences in awareness. Finally, we address potential technical and theoretical issues that stem from matching performance across conditions of awareness, and we introduce the notion of “triangulation” for designing comprehensive experimental sets that can better reveal the neural substrates of consciousness. (shrink)

When visual attention is directed away from a stimulus, neural processing is weak and strength and precision of sensory data decreases. From a computational perspective, in such situations observers should give more weight to prior expectations in order to behave optimally during a discrimination task. Here we test a signal detection theoretic model that counter-intuitively predicts subjects will do just the opposite in a discrimination task with two stimuli, one attended and one unattended: when subjects are probed to discriminate the (...) unattended stimulus, they rely less on prior information about the probed stimulus’ identity. The model is in part inspired by recent findings that attention reduces trial-by-trial variability of the neuronal population response and that they use a common criterion for attended and unattended trials. In five different visual discrimination experiments, when attention was directed away from the target stimulus, subjects did not adjust their response bias in reaction to a change in stimulus presentation frequency despite being fully informed and despite the presence of performance feedback and monetary and social incentives. This indicates that subjects did not rely more on the priors under conditions of inattention as would be predicted by a Bayes-optimal observer model. These results inform and constrain future models of Bayesian inference in the human brain. (shrink)

According to the standard view in philosophy, intentionality is the mark of genuine action. In psychology, human cognition and agency are now widely explained in terms of the workings of two distinct systems (or types of processes), and intentionality is not a central notion in this dual-system theory. Further, it is often claimed, in psychology, that most human actions are automatic, rather than consciously controlled. This raises pressing questions. Does the dual-system theory preserve the philosophical account (...) of intentional action? How much of our behavior is intentional according to this view? And what is the role of consciousness? I will propose here a revised account of intentional action within the dual-system framework, and we will see that most of our behavior can qualify as intentional, even if most of it is automatic. An important lesson will be that philosophical accounts of intentional action need to pay more attention to the role of consciousness in action. (shrink)

De Neys (2021) argues that the debate between single- and dual-process theorists of thought has become both empirically intractable and scientifically inconsequential. I argue that this is true only under the traditional framing of the debate—when single- and dual-process theories are understood as claims about whether thought processes share the same defining properties (e.g., making mathematical judgments) or have two different defining properties (e.g., making mathematical judgments autonomously versus via access to a central working memory capacity), (...) respectively. But if single- and dual-process theories are understood in cognitive modeling terms as claims about whether thought processes function to implement one or two broad types of algorithms, respectively, then the debate becomes scientifically consequential and, presumably, empirically tractable. So, I argue, the correct response to the current state of the debate is not to abandon it, as De Neys suggests, but to reframe it as a debate about cognitive models. (shrink)

Human social intelligence comprises a wide range of complex cognitive and affective processes that appear to be selectively impaired in autistic spectrum disorders. The study of these neuro- developmental disorders and the study of canonical social intelligence have advanced rapidly over the last twenty years by investigating the two together. Specifically, studies of autism have provided important insights into the nature of ‘theory of mind’ abilities, their normal development and underlying neural systems. At the same time, the idea of (...) impaired development of the neurocognitive mechanisms underlying ‘theory of mind’ has shed new light on the nature of autistic disorders. This general approach is not restricted to the study of impairments but extends to mapping areas of social intelligence that are spared in autism. Here we investigate basic moral judgment and find that it appears to be substantially intact in children with autism who are severely impaired in ‘theory of mind’. At the same time, we extend studies of moral reasoning in normal development by way of a new control task, the ‘cry baby’ task. Cry baby scenarios, in which the distress of the victim is ‘unreasonable’ or ‘unjustified,’ do not elicit moral condemnation from normally developing preschoolers or from children with autism. Judgments of moral transgressions in which the victim displays distress are therefore not likely the result of a simple automatic reaction to the distress and more likely involve moral reasoning. Mapping the cognitive co-morbidity patterns of disordered development should encompass both impairments and sparings because both will be needed to make sense of the neural and genetic levels. (shrink)

Recent work in cognitive modelling has found that most of the data that has been cited as evidence for the dual-process theory (DPT) of reasoning is best explained by non-linear, “monotonic” one-process models (Stephens et al., 2018, 2019). In this paper, I consider an important caveat of this research: it uses models that are committed to unrealistic assumptions about how effectively task conditions can isolate Type-1 and Type-2 reasoning. To avoid this caveat, I develop a coordinated (...) theoretical, experimental, and modelling strategy to better test DPT. First, I propose that Type-1 and Type-2 reasoning are defined as reasoning that precedes and follows metacognitive control, respectively. Second, I argue that reasoning that precedes and follows metacognitive control can be effectively isolated using debiasing paradigms that manipulate metacognitive heuristics (e.g., processing fluency) to prevent or trigger metacognitive control, respectively. Third, I argue that monotonic modelling can allow us to decisively test DPT only when we use them to analyse data from this particular kind of debiasing paradigm. (shrink)

This paper tests a theory about the relationship between two important topics in moral philosophy and psychology. One topic is the function of normative language, specifically claims that one “ought” to do something. Do these claims function to describe moral responsibilities, encourage specific behavior, or both? The other topic is the relationship between saying that one “ought” to do something and one’s ability to do it. In what respect, if any, does what one “ought” to do exceed (...) what one “can” do? The theory tested here has two parts: (1) “ought” claims function to both describe responsibilities and encourage people to fulfill them (the dual-function hypothesis); (2) the two functions relate differently to ability, because the encouragement function is limited by the person’s ability, but the descriptive function is not (the interaction hypothesis). If this theory is correct, then in one respect “ought implies can” is false because people have responsibilities that exceed their abilities. But in another respect “ought implies can” is legitimate because it is not worthwhile to encourage people to do things that exceed their ability. Results from two behavioral experiments support the theory that “ought” exceeds but implies “can.” Results from a third experiment provide further evidence regarding an “ought” claim’s primary function and how contextual features can affect the interpretation of its functions. (shrink)

According to cognitive psychologists, moral decision-making is a dual-process phenomenon involving two types of cognitive processes: explicit reasoning and implicit intuition. Moral development involves training and integrating both types of cognitive processes through a mix of instruction, practice, and reflection. Serious games are an ideal platform for this kind of moral training, as they provide safe spaces for exploring difficult moral problems and practicing the skills necessary to resolve them. In this article, we present (...) Morality Play, a model for the design of serious games for ethical expertise development based on the Integrative Ethical Education framework from moral psychology and the Lens of the Toy model for serious game design. (shrink)

We argue that there is significant evidence for reconsidering the possibility that moral judgment constitutes a distinctive category of judgment. We begin by reviewing evidence and arguments from neuroscience and philosophy that seem to indicate that a diversity of brain processes result in verdicts that we ordinarily consider “moral judgments”. We argue that if these findings are correct, this is plausible reason for doubting that all moral judgments necessarily share common features: if diverse brain processes (...) give rise to what we refer to as “moral judgments”, then we have reason to suspect that these judgments may have different features. After advancing this argument, we show that giving up the unity of moral judgment seems to effectively dissolve the internalism/externalism debate concerning motivation within the field of metaethics. (shrink)

The ultimate goal of research into computational intelligence is the construction of a fully embodied and fully autonomous artificial agent. This ultimate artificial agent must not only be able to act, but it must be able to act morally. In order to realize this goal, a number of challenges must be met, and a number of questions must be answered, the upshot being that, in doing so, the form of agency to which we must aim in developing artificial agents comes (...) into focus. This chapter explores these issues, and from its results details a novel approach to meeting the given conditions in a simple architecture of information processing. (shrink)

Music, alongside ritual, plays an important role in Confucian moral education. Among all the Confucians, Xunzi gives music the most radical ability to transform people, and this is striking given his pessimistic view of human nature. Though he set the standard for Chinese aesthetics for millennia, there’s no systematic account that brings together Xunzi’s various commitments: that only music from virtuous previous dynasties are morally conducive, that music can bring about lasting character change, that even those uninterested in (...) class='Hi'>moral cultivation can benefit from music, and that the junzi (“gentleman”) and the xiaoren (“petty man”) derive joy in different ways while listening to music. In this article, I explain why currently existing accounts can’t capture all the commitments, and I turn to analytic aesthetics to provide a new Dual-Process Model of Xunzi’s philosophy of music. Jenefer Robinson’s discussions of “the Jazzercise effect” and emotional misattribution will be key in the new account. (shrink)

This chapter examines the relevance of the cognitive science of morality to moral epistemology, with special focus on the issue of the reliability of moral judgments. It argues that the kind of empirical evidence of most importance to moral epistemology is at the psychological rather than neural level. The main theories and debates that have dominated the cognitive science of morality are reviewed with an eye to their epistemic significance.

In the Republic, Phaedrus, and Timaeus, Socrates holds that the psyche is complex, or has three distinct and semi-autonomous sources of motivation, which he calls the reasoning, spirited, and appetitive parts. While the rational part determines what is best overall and motivates us to pursue it, the spirited and appetitive parts incline us toward different objectives, such as victory, honor, and esteem, or the satisfaction of our desires for food, drink, and sex. While it is obvious that Socrates primarily characterizes (...) and distinguishes the parts in terms of what each desires and pursues, what is less often brought to the fore is that he also characterizes and distinguishes the parts in terms of how they think. More specifically, he claims that the rational part forms its beliefs on the basis of rational calculation, while the spirited and appetitive parts form their beliefs on the basis of how things appear, without scrutinizing those appearances. Socrates’ dual characterization of the parts of the soul raises a question: why does he characterize each part as having the particular desires and cognitive abilities that he does? In general, how do facts about what a part desires relate to facts about how it thinks? In this paper, I suggest an answer to this question, one that I hope sheds light on the nature of the parts of the soul and so on Plato’s theory of tripartition more generally. I conclude by showing that Socrates’ theory bears a notable resemblance to contemporary dual process theories of judgment, according to which we have two distinct processes for forming judgments, one which is broadly akin to reflection and another to intuition. (shrink)

In the last twenty years, there has been an enormous growth of scientific research concerning the process of human moral reasoning and moral intuitions. In contemporary descriptive ethics, three dominant approaches can be found – heuristic approach, dual-process theory, and universal moral grammar. Each of these accounts is based on similar empirical evidence combining findings from evolutionary biology, moral psychology, and neuroethics. Nevertheless, they come to different conclusions about the reliability of (...) class='Hi'>moral intuitions. The aim of this paper is to critically investigate each of these approaches and compare them with recent scientific findings. Last chapter addresses implications of these findings for moral epistemology and normative ethics. The aim is to show that despite different interpretations of available data, we can reach a satisfying pragmatical conclusion which would be in compliance with the empirical evidence, yet it would not necessarily depend on it. (shrink)

Dual-process theories divide cognition into two kinds of processes: Type 1 processes that are autonomous and do not use working memory, and Type 2 processes that are decoupled from the immediate situation and use working memory. Often, Type 1 processes are also fast, high capacity, parallel, nonconscious, biased, contextualized, and associative, while Type 2 processes are typically slow, low capacity, serial, conscious, normative, abstract, and rule-based. This article argues for an embodied dual-process theory based on (...) the phenomenology of Martin Heidegger. According to Heidegger, the basis of human agents’ encounters with the world is in a prereflective, pragmatically engaged disposition marked by readiness-to-hand (Zuhandenheit), sometimes equated with “smooth coping.” Examples of smooth coping include walking, throwing a ball, and other embodied actions that do not require reflective thought. I argue that smooth coping primarily consists of Type 1 processes. The Heideggerian dual-process model yields distinctly different hypotheses from Hubert Dreyfus’ model of smooth coping, and I will critically engage with Dreyfus’ work. (shrink)

I argue that virtue reliabilism and virtue responsibilism are complementary. They do not give competing accounts of epistemic virtue. Rather they explain the excellent functioning of different parts of our cognitive apparatus. Reliabilist virtue designates the excellent functioning of fast and context-specific Type 1 cognitive processes, while responsibilist virtue means an excellent functioning of effortful and reflective Type 2 cognitive processes. This account unifies reliabilist and responsibilist virtue theory. But the virtues are not unified by designating some epistemic norm (...) that both aim at. Instead, I unify them through their cognitive foundations. Because Type 1 and Type 2 cognition are complementary, reliabilist and responsibilist virtues are complementary. Thereby, this dual-process theory of epistemic virtue gives a naturalised account of virtues as well as an explanation of how reliabilism and responsibilism relate. This approach offers a solution for both the generality problem and the situationist challenge to virtue epistemology; additionally it preserves the epistemological autonomy of each virtue type. (shrink)

One desideratum for contemporary theories of emotion both in philosophy and affective science is an explanation of the relation between emotions and objects that illicit them. According to one research tradition in emotion theory, the Evaluative Tradition, the explanation is simple: emotions just are evaluative judgments about their objects. Growing research in affective science supports this claim suggesting that emotions constitute (or contribute to) evaluative judgments such as moral judgments about right and wrong. By contrast, recent scholarship in (...) two historical emotion theories, Augustinian and Thomistic, emphasize their sharp distinction between cognitive judgments and affectivity or between reason and emotion. For these historical models, reason, not emotion, is responsible for moral judgment. Are the evaluative and historical models at irreconcilable odds? Should we discard old models that fail to satisfy intuitions about the intricate role of emotions in moral judgment? This paper compares these research programs and suggests a roadmap for collaboration. (shrink)

Moral anxiety is the unease that we experience in the face of a novel or difficult moral decision, an unease that helps us recognize the significance of the issue we face and engages epistemic behaviors aimed at helping us work through it (reflection, information gathering, etc.). But recent discussions in philosophy raise questions about the value of moral anxiety (do we really do better when we’re anxious?); and work in cognitive science challenges its psychological plausibility (is there (...) really such an emotion?). Drawing on Kant and Kantians, I develop a model of moral anxiety (or ‘conscience’ in Kant’s terminology) that highlights both its empirical credentials and its distinctive value. Kant, it turns out, was an early—and sophisticated—dual-process theorist. (shrink)

This paper applies the theory of teleosemantics to the issue of moral content. Two versions of teleosemantics are distinguished: input-based and output-based. It is argued that applying either to the case of moral judgements generates the conclusion that such judgements have both descriptive (belief-like) and directive (desire-like) content, intimately entwined. This conclusion directly validates neither descriptivism nor expressivism, but the application of teleosemantics to moral content does leave the descriptivist with explanatory challenges which the expressivist does (...) not face. Since teleosemantics ties content to function, the paper also offers an account of the evolutionary function of moral judgements. (shrink)

At the very beginning of On Interpretation (I, 1, 16a3-14) Aristotle distinguishes four levels and discusses their relationships. From this text, we can infer the following: 1. There are four levels: writing, speaking, mental experience and external world. Since writing and speaking can truly be taken as belonging to the same realm, we can reduce Aristotle’s distinction to three realms: language, thought and external world. 2. The realm of language, in both levels of writing and speaking, is different for different (...) people but both of the other realms of thought and external world are the same for them. By this Aristotle must mean that though people of different languages have different writings and speaking words, the things that are in the world and their affections on people’s thought are the same. 3. The relations both between language and thought and in language itself is symbolization: ‘Spoken words are the symbols of mental experience and written words are the symbols of spoken words.’ 4. The relation between external world and thought is similarity: ‘Those things of which our mental experiences are similarities (παθἠματα τῆς ψυχῆς ... ὁμοιώματα).’ (ΟΙ., 16a7) In de Anima (16a8-9; II, 5, 418a4-5; II, 4, 429a10-11; 429a13-16; 429a23) Aristotle describes thoughts as ‘likenesses of objects.’ Paolo Crivelli says that in these addresses Aristotle believe that ‘a thought is of an object just if it is a likeness of it’ and ‘to be a likeness of an object is to be the result of a process of likening of which that object is a cause.’ This, Crivelli believes, is indeed the basis of the sameness of the objects of thoughts: they are results of the same processes of likening by the same objects. 5. There is a correspondence between nouns and verbs on the one hand and objects of thought without co-positing and positing away on the other hand: ‘Nouns themselves and verbs are like objects of thought (νοἠματι) without co-positing and positing away.’ (OI, I, 1, 16a13-14) A. Relationship between external world and thought The following can be inferred from Aristotle’s works about the relationship between thought and external world: 1. ‘The soul is in a way all existing things; for existing things are either sensible or thinkable, and knowledge is in a way what is knowable, and sensation is in a way what is sensible.’ (So., Γ, 8, 431b21-23) In fact, ‘within the soul the faculties of knowledge and sensation are potentially these objects, the one what is knowable, the other what is sensible.’ (So., Γ, 8, 431b26-27) 2. It is the form of the external objects that are in thought (So., Γ, 8, 431b26-29) and the objects of thought are in the sensible forms, viz. both the abstract objects and all the states and affections of sensible things (ἐν τοῖς εἴδεσι τοῖς αἰσθητοῖς τὰ νοητὰ ἐστι, τά τε ἐν ἀφαιρέσει λεγόμενα, καὶ ὃσα τῶν αἰσθητῶν ἓξις καὶ πάθη). (So., Γ, 8, 432a3-6) 3. While external objects are perishable, objects of thought seem to be eternal. (PrA., A, 33, 47b21-22) B. Relationship between language and the external world 1. There is a correspondence between the external world and the true statements about them: ‘If it is true to say that a thing is white, it must necessarily be white; if the reverse proposition is true, it will of necessity not be white.’ (OI, I, 9, 18a39-b5) 2. While external objects ‘does seem in some way the cause of’ the truth or falsity of lingual statements, ‘the true statement is in no way the cause of the actual thing’s existence.’ (Cat., 12, 14b18-22; cf. OI, I, 9, 18b36-19a6) Thus, the external objects reciprocate as to implication of existence with the corresponding true statement about them and thus are prior to them.’ (Cat., 12, 14b11-23) 3. The opposition between an affirmation and negation corresponds to an opposition in the external world between the objects underlying those statements. (Cat., 10, 12b6-15) 4. The correspondence of the whole structure of the external world and language for Aristotle is so that in analyzing the language he shows himself as analyzing the external world. It is in fact a very crucial and controversial dispute whether Aristotle’s philosophy in its very decisive parts is theorizing about language or about external world. In most of his important theories, he begins with discussing language. In fact, language is where he enters the discussion and, in many cases, where he finishes it. In these cases, he either does not discuss external world at all or only derives some principles or conclusions about it. In some other cases he begins from language but ends in external world. a) Daniel W. Graham thinks that language is Aristotle’s ‘model of the world.’ He refers to ‘subjecthood’ as what formally characterizes primary substance and explains how it bases reality in Aristotle: while to be an absolute subject is equal to be fully real, to be a predicate of a subject is equal to be real. ‘Language is not merely a tool to get around in the world; it reveals the structure of the world … the deep structure of language is isomorphic with the world… In this word, logic can reveal connections between elements because language and the world have a form in common. He lists Trendelenburg (1846, 11-13), Gillespie (1925) and (Ackrill (1963, 78-81) as those who have the same idea. b) Emphasizing on the force of τί in Aristotle’s statement when he says that assertions affirm something (τί) of something (τί) makes Peter Simpson (p. 85) to stress, in his interpretation of Jacob’s theory, on the ontological aspect of Aristotle’s philosophy. Jacob says that in his theory of predication, Aristotle focuses on ‘things’ and not words or concepts and predication is a relationship between extralinguistic entities rather than merely linguistic ones; something extralinguistic and ontological. c) Quoting Ackrill ((1963, 73): ‘the categories classify things, not words’) and Kahn ((1978, 248): ‘Aristotle never regards predication as a grammatical or linguistic relation of word to word, nor does he ever speak of subject and predicate as concepts united in judgment’), Fabio Morales says that Aristotle is not classifying predication in Categories but the attributes or properties these stand for.’ d) Graham thinks that the theory of synonymity-homonimity is not purely linguistic, since it is things rather than words that have these properties. (shrink)

We propose a fundamental challenge to the feasibility of moral progress: most extant theories of progress, we will argue, assume an unrealistic level of cognitive control people must have over their moral judgments for moral progress to occur. Moral progress depends at least in part on the possibility of individual people improving their moral cognition to eliminate the pernicious influence of various epistemically defective biases and other distorting factors. Since the degree of control people can (...) exert over their moral cognition tends to be significantly overestimated, the prospects of moral progress face a formidable problem, the force of which has thus far been underappreciated. In the paper, we will provide both conceptual and empirical arguments for this thesis, and explain its most important implications. (shrink)

This paper develops a new form of metaethical expressivism according to which the normative judgment that X should Φ consists in a decision that X Φ. When the judgment is first-personal—e.g., my judgment that I should Φ—the view is similar to Gibbard’s plan expressivism, though the state I call “decision” differs somewhat from a Gibbard-style plan. The deep difference between the views shows in the account of third-personal judgments. Gibbard construes the judgment that Mary should Φ (...) as a de se plan on the thinker’s part to Φ if she turns out to be Mary (the Subtle View). I construe the judgment as a decision for Mary that Mary Φ (the Simple View). The main argument for Simple Plan Expressivism is that it solves problems for Gibbard’s approach, resonates with a new and interesting moral psychology, and better makes sense of certain independently plausible constraints on normative judgment. In the end I argue that this account of normative judgment has implications for first-order ethics, implying in particular that rational egoism as standardly formulated is incoherent. (shrink)

Many psychologists have tried to reveal the formation and processing of moral judgments by using a variety of empirical methods: behavioral data, tests of statistical significance, and brain imaging. Meanwhile, some scholars maintain that the new empirical findings of the ways we make moral judgments question the trustworthiness and authority of many intuitive ethical responses. The aim of this special issue is to encourage scholars to rethink how, if at all, it is possible to draw any normative conclusions (...) by discovering the psychological processes underlying moral judgments. (shrink)

David Hume endorses three claims that are difficult to reconcile: (1) sympathy with those in distress is sufficient to produce compassion towards their plight, (2) adopting the general point of view often requires us to sympathize with the pain and suffering of distant strangers, but (3) our care and concern is limited to those in our close circle. Hume manages to resolve this tension, however, by distinguishing two types of sympathy. We feel compassion towards those around us because associative sympathy (...) causes us to mirror their pain and suffering, but our ability to enter into the afflictions of those remote from us involves cognitive sympathy and merely requires us to reflect upon how we would feel in their shoes. This hybrid theory of sympathy receives support from recent work on affective mirroring and cognitive pretense. Hume’s account should appeal to contemporary researchers, therefore, who are interested in the nature of moral imagination. (shrink)

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

Lake et al. propose three criteria which, they argue, will bring artificial intelligence (AI) systems closer to human cognitive abilities. In this paper, we explore the application of these criteria to a particular domain of human cognition: our capacity for moral reasoning. In doing so, we explore a set of considerations relevant to the development of AI moral decision-making. Our main focus is on the relation between dual-process accounts of moral reasoning and model-free/model-based forms of (...) machine learning. We also discuss how work in embodied and situated cognition could provide a valu- able perspective on future research. (shrink)

From a philosophical point of view, in general we can clearly distinguish two cultures, that is, culture in the context of the natural sciences and culture in the context of the humanities. Attempts are now being made to propose a third notion of culture, one that involves rational choice and moral judgment in this discourse. Before the 2000s, people tended to separate rational choice from moral judgment. However, for some years now, Kant's concept of pure reason (...) as the self-sufficiency of the subject has been questioned by intellectuals. There is a new definition of rationality, that is, rationality must be placed in a given situation to make sense, and it is context dependent, so it can be called situational rationality. (shrink)

The ability of a group of adults with high functioning autism (HFA) or Asperger Syndrome (AS) to distinguish moral, conventional and disgust transgressions was investigated using a set of six transgression scenarios, each of which was followed by questions about permissibility, seriousness, authority contingency and justification. The results showed that although individuals with HFA or AS (HFA/AS) were able to distinguish affect-backed norms from conventional affect-neutral norms along the dimensions of permissibility, seriousness and authority-dependence, they failed to distinguish (...) class='Hi'>moral and disgust transgressions along the seriousness dimension and were unable to provide appropriate welfare-based moral justifications. Moreover, they judged conventional and disgust transgressions to be more serious than did the comparison group, and the correlation analysis revealed that the seriousness rating was related to their ToM impairment. We concluded that difficulties providing appropriate moral justifications and evaluating the seriousness of transgressions in individuals with HFA/AS may be explained by an impaired cognitive appraisal system that, while responsive to rule violations, fails to use relevant information about the agent’s intentions and the affective impact of the action outcome in conscious moral reasoning. (shrink)

In this paper I argue that Kant develops, in a number of texts, a detailed three stage theory of moral development which resembles the contemporary accounts of moral development defended by Lawrence Kohlberg and John Rawls. The first stage in this process is that of physical education and disciplining, followed by cultivating and civilising, with a third and final stage of moralising. The outcome of this process of moral development is a fully autonomous person. (...) However, Kant’s account of moral development appears to be in tension with other elements of his moral philosophy. I identify two such tensions, which I call the knowledge and revolution tensions, and show why these tensions are illusory. As such, a proper understanding of Kant’s theory of moral development, far from exposing genuine tensions, helps rather to deepen our understanding of Kant’s moral philosophy. (shrink)