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)

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)

The standard way to test alternative descriptive theories of moral judgment is by asking subjects to evaluate 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)

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)

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)

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)

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)

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)

In this article we argue that the problem of the relationships between concepts and perception in cognitive science is blurred by the fact that the very notion of concept is rather confused. Since it is not always clear exactly what concepts are, it is not easy to say, for example, whether and in what measure concept possession involves entertaining and manipulating perceptual representations, whether concepts are entirely different from perceptual representations, and so on. As a paradigmatic example of this state (...) of affairs, we will start by taking into consideration the distinction between conceptual and nonconceptual content. The analysis of such a distinction will lead us to the conclusion that concept is a heterogeneous notion. Then we shall take into account the so called dual process theories of mind; this approach also points to concepts being a heterogeneous phenomenon: different aspects of conceptual competence are likely to be ascribed to different types of systems. We conclude that without a clear specification of what concepts are, the problem of the relationships between concepts and perception is somewhat ill-posed. (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 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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

The present study meta-analyzed 45 experiments with 959 subjects and 463 activation foci reported in 43 published articles that investigated the neural mechanism of moral functions by comparing neural activity between the moral-task and non-moral-task conditions with the Activation Likelihood Estimate method. The present study examined the common activation foci of morality-related task conditions. In addition, this study compared the neural correlates of moral sensibility with the neural correlates of moral judgment, which are the (...) two functional components in the Neo-Kohlbergian model of moral functioning. The results showed that brain regions associated with the default mode network were significantly more active during morality-related task conditions than during non-morality task conditions. These brain regions were also commonly activated in both moral judgment and moral sensibility task conditions. In contrast, the right temporoparietal junction and supramarginal gyrus were found to be more active only during conditions of moral judgment. These findings suggest that the neural correlates of moral sensibility and moral judgment are perhaps commonly associated with brain circuitries of self-related psychological processes, but the neural correlates of those two functional components are distinguishable from each other. (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)

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)

Forgiveness has enjoyed intense scholarly interest since the 1980s. I provide a historical overview, then identify themes in the literature, with an emphasis on those relevant to the moral psychology of forgiveness in the twenty-first century. I conclude with some attention to dual-process theories of moral reasoning in order to suggest that key debates in forgiveness are not at odds so much as they may be aligned with the different moral aims of moral and (...) mental processes that differ in kind. I argue for the view that the moral aims of forgiveness are multiple, following scholars who maintain a multidimensional account of forgiveness with a focus on the functions of forgiveness in relationships and the importance of forgiveness to its practitioners rather than a unified definition or justification that applies to all moral occasions. (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)

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)

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)

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)

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)

Many have argued that various features of moral disagreements create problems for cognitivism about moral judgment, but these arguments have been shown to fail. In this paper, I articulate a new problem for cognitivism that derives from features of our responses to moral disagreement. I argue that cognitivism entails that one of the following two claims is false: a mental state is a belief only if it tracks changes in perceived evidence; it is intelligible to make (...) moral judgments that do not track changes in perceived evidence. I explain that there is a good case that holds such that we should prefer theories that do not entail the negation of. And I argue that the seeming intelligibility of entirely intransigent responses to peer disagreement about moral issues shows us that there is a good case that holds. (shrink)

Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are supposed to protect, (...) what they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several decades have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)

This paper argues that an emotion is a state of affectively perceiving its intentional object as falling under a "thick affective concept" A, a concept that combines cognitive and affective aspects in a way that cannot be pulled apart. For example, in a state of pity an object is seen as pitiful, where to see something as pitiful is to be in a state that is both cognitive and affective. One way of expressing an emotion is to assert that the (...) intentional object of the emotion falls under the thick affective concept distinctive of the emotion. I argue that the most basic kind of moral judgment is is this category. It has the form "That is A" (pitiful, contemptible, rude, etc.). Such judgments combine the features of cognitivism and motivational judgment internalism, an advantage that explains why we find moral weakness problematic in spite of its ubiquity. I then outline a process I call "thinning" the judgment, which explains how moral strength, weakness, and apathy arise. I argue that this process is necessary for moral reasoning and communication, in spite of its disadvantage in disengaging the agent's motivating emotion from the judgment. (shrink)

In fMRI research, the goal of correcting for multiple comparisons is to identify areas of activity that reflect true effects, and thus would be expected to replicate in future studies. Finding an appropriate balance between trying to minimize false positives (Type I error) while not being too stringent and omitting true effects (Type II error) can be challenging. Furthermore, the advantages and disadvantages of these types of errors may differ for different areas of study. In many areas of social neuroscience (...) that involve complex processes and considerable individual differences, such as the study of moral judgment, effects are typically smaller and statistical power weaker, leading to the suggestion that less stringent corrections that allow for more sensitivity may be beneficial, but also result in more false positives. Using moral judgment fMRI data, we evaluated four commonly used methods for multiple comparison correction implemented in SPM12 by examining which method produced the most precise overlap with results from a meta-analysis of relevant studies and with results from nonparametric permutation analyses. We found that voxel-wise thresholding with family-wise error correction based on Random Field Theory provides a more precise overlap (i.e., without omitting too few regions or encompassing too many additional regions) than either clusterwise thresholding, Bonferroni correction, or false discovery rate correction methods. (shrink)

Joshua Greene argues that cognitive (neuro)science matters for ethics in two ways, the “direct route” and the “indirect route.” Greene illustrates the direct route with a debunking explanation of the inclination to condemn all incest. The indirect route is an updated version of Greene’s argument that dual-process moral psychology gives support for consequentialism over deontology. I consider each of Greene’s arguments, and I argue that neither succeeds. If there is a route from cognitive (neuro)science to ethics, Greene (...) has not found it. (shrink)

Let cognitivism be the view that moral judgments are cognitive mental states and noncognitivism the view that they are noncognitive mental states. Here I argue for moral judgment pluralism: some moral judgments are cognitive states and some are noncognitive states. More specifically, according to my pluralism some judgments are moral because they carry a moral content (e.g., that genocide is wrong) and some are moral because they employ a moral attitude (e.g., indignation, (...) or guilt); the former are the cognitive moral judgments and the latter the noncognitive ones. After explaining and motivating the view, I argue that this kind of pluralism handles quite elegantly several of the core issues that have structured the debate on cognitivism vs. noncognitivism. (shrink)

Cushman, Young, & Greene (2010) urge the consolidation of moral psychology around a dual-system consensus. On this view, a slow, often-overstretched rational system tends to produce consequentialist intuitions and action-tendencies, while a fast, affective system produces virtuous (or vicious) intuitions and action-tendencies that perform well in their habituated ecological niche but sometimes disastrously outside of it. This perspective suggests a habit-corrected-by-reason picture of moral behavior. Recent research, however, has raised questions about the adequacy of dual-process (...) theories of cognition and behavior, which tend to distinguish categorically between fast, affect-laden, automatic, sometimes-unconscious, nearly-incorrigible mental processes and slow, rational, effortful, conscious, corrigible mental processes. Processes of one alleged type often have properties associated with the contrary type. For instance, rational processes can be emotional, and fast thinking can perform logical operations. In addition, the fast-slow binary transforms a continuous temporal scale into a dichotomous one, losing potentially important information along the way. While these problems are beginning to be addressed in some subfields of psychology, moral psychology has yet to grapple with them. In this theoretical paper, we argue that moral psychology needs a framework that accounts for our knowledge of both temporal and spatial (anatomical) dimensions of the brain basis of moral cognition and virtuous decision-making. We argue that methodologies with very fine-grained temporal granularity, such as electroencephalography (EEG), should be used to complement more frequently used methodologies such as functional magnetic resonance imaging (fMRI). We outline how this might be accomplished using generosity, gratitude, and integrity as a case study. (shrink)

Recent empirical research seems to show that emotions play a substantial role in moral judgment. Perhaps the most important line of support for this claim focuses on disgust. A number of philosophers and scientists argue that there is adequate evidence showing that disgust significantly influences various moral judgments. And this has been used to support or undermine a range of philosophical theories, such as sentimentalism and deontology. I argue that the existing evidence does not support such arguments. (...) At best it suggests something rather different: that moral judgment can have a minor emotive function, in addition to a substantially descriptive one. (shrink)

This study develops a Science–Technology–Society (STS)-based science ethics education program for high school students majoring in or planning to major in science and engineering. Our education program includes the fields of philosophy, history, sociology and ethics of science and technology, and other STS-related theories. We expected our STS-based science ethics education program to promote students’ epistemological beliefs and moral judgment development. These psychological constructs are needed to properly solve complicated moral and social dilemmas in the fields of (...) science and engineering. We applied this program to a group of Korean high school science students gifted in science and engineering. To measure the effects of this program, we used an essay-based qualitative measurement. The results indicate that there was significant development in both epistemological beliefs and moral judgment. In closing, we briefly discuss the need to develop epistemological beliefs and moral judgment using an STS-based science ethics education program. (shrink)

Analyses of moral value judgements must meet a practicality requirement: moral speech acts characteristically express pro- or con-attitudes, indicate that speakers are motivated in certain ways, and exert influence on others' motivations. Nondescriptivists including Simon Blackburn and Allan Gibbard claim that no descriptivist analysis can satisfy this requirement. I argue first that while the practicality requirement is defeasible, it indeed demands a connection between value judgement and motivation that resembles a semantic or conceptual rather than merely contingent psychological (...) link. I then show how a form of descriptivism, the interest-relational theory, satisfies the requirement as a pragmatic and conversational feature of value judgement – thereby also accommodating its defeasibility. The word ``good'' is always indexed to some set of motivations: when this index is unarticulated in many contexts the speaker conversationally implicates possession of those motivations. (shrink)

Dual-process theories of higher order cognition (DPTs) have been enjoying much success, particularly since Kahneman’s 2002 Nobel prize address and recent book Thinking, Fast and Slow (2009). Historically, DPTs have attempted to provide a conceptual framework that helps classify and predict differences in patterns of behavior found under some circumstances and not others in a host of reasoning, judgment, and decision-making tasks. As evidence has changed and techniques for examining behavior have moved on, so too have DPTs. (...) Killing two birds with one stone, Evans and Stanovich (2013, this issue) respond to five main criticisms of DPTs. Along with addressing each criticism in turn, they set out to clarify the essential defining characteristics that distinguish one form of higher order cognition from the other. The aim of this commentary is to consider the defining characteristics of Type 1 and Type 2 processing that have been proposed and to suggest that the evidence can be taken to support quantitative differences rather than qualitatively distinct processes. (shrink)