It has recently been argued that a person’s moral judgments (about both their own and others’ actions) are constrained by the nature and extent of their relevant ignorance and, thus, that such judgments are determined in the first instance by the person’s epistemic circumstances. It has been argued, in other words, that the epistemic is logically prior to other normative (e.g., ethical, prudential, pecuniary) considerations in human decision-making, that these other normative considerations figure in decision-making only after (...) (logically and temporally) relevant ignorance has constrained the decision-maker’s menu of options. If this is right, then a person’s moral judgments in some set of circumstances should vary with their knowledge and ignorance of these circumstances. In this study, we test the hypothesis of the logical priority of the epistemic. We describe two experiments in which subjects’ knowledge and ignorance of relevant consequences were manipulated. In the second experiment, we also compared the effect of ignorance on moral judgments with that of personal force, a factor previously shown to influence moral judgments. We found broad empirical support for the armchair arguments that epistemic considerations are logically prior to normative considerations. (shrink)

It has recently been argued that a person’s moral judgments (about both their own and others’ actions) are constrained by the nature and extent of their relevant ignorance and, thus, that such judgments are determined in the first instance by the person’s epistemic circumstances. It has been argued, in other words, that the epistemic is logically prior to other normative (e.g., ethical, prudential, pecuniary) considerations in human decision-making, that these other normative considerations figure in decision-making only after (...) (logically and temporally) relevant ignorance has constrained the decision-maker’s menu of options. If this is right, then a person’s moral judgments in some set of circumstances should vary with their knowledge and ignorance of these circumstances. In this study, we test the hypothesis of the logical priority of the epistemic. We describe two experiments in which subjects’ knowledge and ignorance of relevant consequences were manipulated. In the second experiment, we also compared the effect of ignorance on moral judgments with that of personal force, a factor previously shown to influence moral judgments. We found broad empirical support for the armchair arguments that epistemic considerations are logically prior to normative considerations. (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)

Epistemic burdens – the nature and extent of our ignorance (that and how) with respect to various courses of action – serve to determine our incentive structures. Courses of action that seem to bear impossibly heavy epistemic burdens are typically not counted as options in an actor’s menu, while courses of action that seem to bear comparatively heavy epistemic burdens are systematically discounted in an actor’s menu relative to options that appear less epistemically burdensome. That ignorance serves (...) to determine what counts as an option means that epistemic considerations are logically prior to moral, prudential, and economic considerations: in order to have moral, prudential, or economic obligations, one must have options, and epistemic burdens serve to determine our options. One cannot have obligations without doing some epistemic work. We defend this claim on introspective grounds. We also consider how epistemic burdens distort surrogate decision-making. The unique epistemology of surrogate cases makes the priority of the epistemic readily apparent. We then argue that anyone who accepts a principle similar to ought implies can is committed to the logical priority of the epistemic. We also consider and reject several possible counterarguments. -/- . (shrink)

In this article, I discuss whether intuitive moral judgements have epistemic value. Are they mere expressions of irrational feelings that should be disregarded or should they be taken seriously? In section 2, I discuss the view of some social psychologists that moral intuitions are, like other social intuitions, under certain conditions more reliable than conscious deliberative judgements. In sections 3 and 4, I examine whether intuitive moral judgements can be said not to need inferential justification. I (...) outline a concept of moral intuition as a seeming whose seemingness resides in special, phenomenological features such as a felt veridicality, appropriateness, familiarity, or confidence, and whose justificatory force is influenced by the reliability of the belief-producing procedures and by a subject's competence in applying moral concepts. I argue that subjects can come to realise that the beliefs expressed in their intuitive judgements evoke a sense of non-inferential credibility. In section 5, I first discuss the contribution of moral expertise to the non-inferential credibility of a person's intuitions. Subsequently, I discuss whether Walter Sinnott-Armstrong is right in saying that we can never claim non-inferential justification for our intuitions because they are subject to all kinds of distorting influences. (shrink)

There is a long-standing debate in philosophy about whether it is morally permissible to harm one person in order to prevent a greater harm to others and, if not, what is the moral principle underlying the prohibition. Hypothetical moral dilemmas are used in order to probe moral intuitions. Philosophers use them to achieve a reflective equilibrium between intuitions and principles, psychologists to investigate moral decision-making processes. In the dilemmas, the harms that are traded off are almost (...) always deaths. However, the moral principles and psychological processes are supposed to be broader than this, encompassing harms other than death. Further, if the standard pattern of intuitions is preserved in the domain of economic harm, then that would open up the possibility of studying behavior in trolley problems using the tools of experimental economics. We report the results of two studies designed to test whether the standard patterns of intuitions are preserved when the domain and severity of harm are varied. Our findings show that the difference in moral intuitions between bystander and footbridge scenarios is replicated across different domains and levels of physical and non-physical harm, including economic harms. (shrink)

Trolley problems have been used in the development of moral theory and the psychological study of moral judgments and behavior. Most of this research has focused on people from the West, with implicit assumptions that moral intuitions should generalize and that moral psychology is universal. However, cultural differences may be associated with differences in moral judgments and behavior. We operationalized a trolley problem in the laboratory, with economic incentives and real-life consequences, and compared (...) British and Chinese samples on moral behavior and judgment. We found that Chinese participants were less willing to sacrifice one person to save five others, and less likely to consider such an action to be right. In a second study using three scenarios, including the standard scenario where lives are threatened by an on-coming train, fewer Chinese than British participants were willing to take action and sacrifice one to save five, and this cultural difference was more pronounced when the consequences were less severe than death. (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-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)

This paper challenges one of the main contributions of Political Liberalism (PL), namely the burdens of judgment (BoJ), on the grounds that it is superfluous to the project of excluding matters of the good from politics and it makes PL susceptible to a scepticism objection. From Rawls’s PL, we can extract two arguments for epistemic restraint in the public realm. The first is a moral argument based on the principles of fairness and reciprocity. The second is an (...) class='Hi'>epistemic argument derived from the idea of the insurmountability of BoJ. The second of these arguments, I contend, is superfluous for two reasons: (i) BoJ, as a descriptive claim cannot itself explain why citizens should uphold a form of toleration that requires them to honor their epistemic restraint in politics. (ii) The moral argument alone is sufficient to justify epistemic constraint in the public realm through the reasonable exercise of political power. -/- Moreover, acceptance of the BoJ is incompatible with subscribing to a reasonable comprehensive doctrine (RCD) with a degree of certainty that is required to be convinced of any such doctrine. The relation between BoJ and scepticism has been addressed before but these thinkers assume that it is the implication of BoJ namely, reasonable disagreement that entails scepticism. This paper lays new sceptical challenges at the doorstep of PL and these new challenges focus on the very idea of the insurmountability of BoJ. Furthermore, it argues that scepticism is not an appropriate epistemic commitment for PL as it is incompatible with the aim of freestanding political conception of justice. Also, it is subversive of the purpose of an overlapping consensus because the idea underpinning an overlapping consensus is that citizens should not only appreciate liberal political principles as reasonable but they should also accept them as true on the basis of their own religious or philosophical reasons. Provided that BoJ entails scepticism, BoJ makes citizens’ religious and philosophical truth claims utterly irrelevant to the stability of society. Accordingly, I argue that the Rawlsian account of reasonableness must relinquish the epistemic component, BoJ; instead it should articulate how the moral component of reasonableness entails the principles of epistemic restraint in politics and acting from public reasons. (shrink)

Political questions are typically framed in normative terms, in terms of the political actions that we (or our political representatives) “ought” to take or, alternatively, in terms of the political philosophies that “should” inform our political actions. “Should we be liberals or socialists, or should we (somehow) combine liberalism and socialism?” -/- Such questions are typically posed and debates around such questions emerge with little, if any, prior consideration of a question that is, logically speaking, more fundamental: “What can we (...) effectively achieve through political action? What goals are within and without the scope of political action?” -/- Because we pose and argue about normative political questions without first getting the descriptive facts straight, we often embark on political projects that have little hope of success. -/- Anyone who accepts a principle like ought implies can is committed to rejecting “ought” claims that assert obligations to do things that cannot be done. Given that most, if not all, people accept some such principle, most, if not all, people are implicitly committed to rejecting the traditional – purely normative – form of political discussion. That they nevertheless engage in such discussion reveals a significant inconsistency in how many people think about and assign obligations to policymakers. -/- If the question “Liberalism and / or Socialism?” is the normative question “Should we be liberals or socialists, or should we (somehow) combine liberalism and socialism?” then it is the wrong – or, more exactly, a premature – question to ask. (shrink)

A traditional idea is that moral judgment involves more than calculating the consequences of actions; it also requires an assessment of the agent's intentions, the act's nature, and whether the agent uses another person as a means to her ends. I survey experimental developments suggesting that ordinary people often tacitly reason in terms of such deontological rules. It's now unclear whether we should posit a traditional form of the doctrine of double effect. However, further research suggests that a range (...) of non-consequentialist factors influence moral judgment, including intentions, commissions, personal harm, and agent-centered commitments. Many, if not all, such factors appear to affect how involved the agent is in bringing about an outcome. (shrink)

As we have seen in the transition form Part I to Part II of this book, the inductive riskiness of doxastic methods applied in testimonial uptake or prescribed as exemplary of religious faith, helpfully operationalizes the broader social scientific, philosophical, moral, and theological interest that people may have with problems of religious luck. Accordingly, we will now speak less about luck, but more about the manner in which highly risky cognitive strategies are correlated with psychological studies of bias studies (...) and human cognitive ecology. Chapter Four is concerned with connections between psychological study of biases and heuristics, and the comparative study of fundamentalism. The first section looks at work by psychologists and philosophers on our bias blind spot. Later sections ask, ‘In what ways might biases and heuristics play a special role in aiding our understanding of, and response to, fundamentalist orientation?’. The judgments we make in ignorance of our own biases Montaigne calls our importunate presumptions, and he suggests a host of practical factors that make them appealing. Montaigne, as I discuss in the first section, associates many of our errors with one or another kind of presumption, often about our similarity or differences from others, or from God. Our obvious psychographic diversity, and the polemical ground dynamics involved in our ‘culture wars’ are compounded on the agential side by the invisibility of our biases to ourselves. A number of person and social biases are described that plausibly affect all of our beliefs in domains of controversial views, religious views included. The second section continues to study of how etiological symmetry (similar patterns of belief-uptake) gives rise to religious contrariety (diverse narratives and theologies) in testimonial faith traditions, and what the implications of this are for philosophy of religion, generally, and for an improved comparative study of fundamentalism, in particular. Utilizing the work of philosophers such as Rachel Fraser and psychologists such as Emily Pronin and her co-authors, I offer a four-step genealogical account for how etiological symmetry so easily gives rise to religious contrariety. This account begins with the narrative nature of testimony in the Abrahamic family of religions, and how narrative content confounds our “source monitoring.” My genealogy also introduces what I term biased-closure inferences (BCI) as one of the key enablers of religious exclusivism and absolutism. These are the seemingly ‘logical’ but actually very self-serving inferences people often make, inferences from their own belief being true, to any belief contrary to it being false. Those who claim unique truth, epistemic access, and/or virtue and religious value for the home religion are no exception to the broad pertinence of bias studies across domains of controversial view. The proximate causes of belief are all that we can study, and in these there may be significant etiological symmetries. Yet those groups themselves, especially to the extent that they are exclusivist, are tunnel-visioned on claims of doctrinal uniqueness: on content differences of a theological sort. Comparative philosophy is met with the puzzlement that symmetric or essentially similar doxastic strategies should give rise not just to cognitive diversity, but to what we can call polarized or polemical contrariety, contrariety of a kind where each view adamantly rejects all others. Arguably, the more that theologies offer explanations of a counter-inductive sort, or profess counter-inductive thinking as exemplary of faith, the better evidential ground there for inferring that bias involved in the acquisition or maintenance of beliefs. This provides more substance to the question of when censure, and etiological challenges to faith-based beliefs are philosophically well-motivated. (shrink)

Berger (forthcoming) states that moral intimacy is important in applying the best interests standard. But what he calls moral intimacy requires that someone has overcome epistemic burdens needed to represent the patient. We argue elsewhere that good surrogate decision-making is first and foremost a matter of overcoming epistemic burdens, or those obstacles that stand in the way of a surrogate decision-maker knowing what a patient wants and how to satisfy those preferences. Berger’s notion of moral (...) intimacy depends on epistemic intimacy: the fact that a surrogate's epistemic burdens with respect to the best interests of the incapacitated patient have been adequately surmounted, plus some other feature. Thus, where a particular patient-surrogate relationship fails to be morally intimate, what is lacking is either epistemic intimacy or this second feature. Furthermore, Berger uses the notion of moral intimacy as an explanans for the application of the best interests standard. We argue that the notions of epistemic intimacy and epistemic burdens not only help to explain the notion of moral intimacy, but also better explain the application of the best interests standard. Given the role of epistemic burdens and the epistemic intimacy that overcoming them enables, bioethicists and physicians should consider a surrogate’s epistemic standing relative to the patient’s best interests before pronouncing on the former’s ethical probity. (shrink)

How should we conceive of policymakers for the purposes of political analysis? In particular, if we wish to explain and predict political decisions and their consequences, if we wish to ensure that political action is as effective as it can be, how should we think of policymakers? Should we think of them as they are commonly conceived in traditional political analysis, i.e., as uniquely knowledgeable and as either altruistic (i.e., as motivated to realize goals associated with their constituents’ interests) or (...) knavish (i.e., as motivated to realize goals associated with their own personal interests), or should we treat them as possibly ignorant with respect to their political tasks? -/- It is always an open question whether policymakers possess the knowledge required to realize some policy objective. It should never be assumed a priori that policymaker knowledge is adequate to the policy tasks with which policymakers are charged. Politicians need knowledge concerning the causes of social phenomena adequate to control events sufficiently well to ensure the success of their policies. No argument has ever been offered for the standard, if only implicit, assumption that policymakers, somehow automatically, possess this knowledge. In many contexts, there is no reason to believe that policymakers possess or can acquire this knowledge. Indeed, a bit of reflection reveals how unlikely it is that and how rare the circumstances must be in which policymakers meet this condition, which political philosophers, theorists, economists, and other political thinkers have traditionally assumed as a matter of course. -/- The main purpose of the book is to encourage a conversation among scholars and students of political inquiry (in philosophy and political theory, political science, economics and political economy) concerning the best way to conceive of policymakers for the purposes of such inquiry. -/- The book defends an alternative, more realistic, method of political analysis. The book argues against the false assumption that policymakers are epistemically privileged. The book presents and defends the alternative assumption that, with respect to the knowledge required to discharge their political tasks effectively, policymakers are at least as ignorant as constituents. -/- The book further argues that whether policymakers are altruistic or knavish is, in the first instance, a function of the nature and extent of their ignorance with regard to constituent-minded policy goals. Policymakers who possess the knowledge required to be effectively altruistic are more likely to be altruistic, other things the same, than policymakers who are ignorant of the knowledge that successful altruism requires. -/- This being said, my goal is more to leave readers thinking about and inclined to debate these profound issues than to prescribe a particular methodological conclusion (even less to advocate a particular political conclusion). The book is a heuristic for spurring further conversation. It makes of readers fellow interlocutors partnered with the characters (and the author!) of the dialogue. -/- The vehicle for this analysis is a conversation between four friends, philosophy graduate students, with different interests, different levels and kinds of experience, and different political preferences. The four friends consider how politicians should be conceived for the purposes of analyzing political decision-making and its consequences. -/- In his famous Dialogues concerning Natural Religion, David Hume concluded that the assumption of an all-knowing and all-powerful God was neither necessary nor sufficient to explain natural phenomena. Dialogues concerning Natural Politics does for social science what Hume did for natural science. Both books undermine the assumption that some epistemically privileged being – God in the case of natural phenomena and God-like politicians in the case of social phenomena – must be invoked to explain relevant phenomena. (shrink)

continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has followed, (...) has been a defense against horror and madness. Kant's prohibition on speculative metaphysics such as dogmatic metaphysics and transcendental realism, on thinking beyond the imposition of transcendental and moral constraints, has been challenged by numerous figures proceeding him. One of the more interesting critiques of Kant comes from the mad black Deleuzianism of Nick Land stating, “Kant’s critical philosophy is the most elaborate fit of panic in the history of the Earth.” And while Alain Badiou would certainly be opposed to the libidinal investments of Land's Deleuzo-Guattarian thought, he is likewise critical of Kant's normative thought-bureaucracies: Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism—always asking Quid Juris? Or ‘Haven’t you crossed the limit?’—combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [….] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism. I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it. An entire nexus of the limits of reason and philosophy are set up here, namely that the critical philosophy not only defends thought from madness, philosophy from madness, and philosophy from itself, but that philosophy following the advent of the critical enterprise philosophy becomes auto-vampiric; feeding on itself to support the academy. Following Francois Laruelle's non-philosophical indictment of philosophy, we could go one step further and say that philosophy operates on the material of what is philosophizable and not the material of the external world. [1] Beyond this, the Kantian scheme of nestling human thinking between our limited empirical powers and transcendental guarantees of categorical coherence, forms of thinking which stretch beyond either appear illegitimate, thereby liquefying both pre-critical metaphysics and the ravings of the mad in the same critical acid. In rejecting the Kantian apparatus we are left with two entities – an unsure relation of thought to reality where thought is susceptible to internal and external breakdown and a reality with an uncertain sense of stability. These two strands will be pursued, against the sane-seal of post-Kantian philosophy by engaging the work of weird fiction authors H.P. Lovecraft and Thomas Ligotti. The absolute inhumanism of the formers universe will be used to describe a Shoggothic Materialism while the dream worlds of the latter will articulate the mad speculation of a Ventriloquil Idealism. But first we must address the relation of philosophy to madness as well as philosophy to weird fiction. /1/ – Philosophy and Madness There is nothing that the madness of men invents which is not either nature made manifest or nature restored. Michel Foucault. Madness and Civilization. The moment I doubt whether an event that I recall actually took place, I bring the suspicion of madness upon myself: unless I am uncertain as to whether it was not a mere dream. Arthur Schopenhauer. The World as Will and Idea, Vol. 3. Madness is commonly thought of as moving through several well known cultural-historical shifts from madness as a demonic or otherwise theological force, to rationalization, to medicalization psychiatric and otherwise. Foucault's Madness and Civilization is well known for orientating madness as a form of exclusionary social control which operated by demarcating madness from reason. Yet Foucault points to the possibility of madness as the necessity of nature at least prior to the crushing weight of the church. Kant’s philosophy as a response to madness is grounded by his humanizing of madness itself. As Adrian Johnston points out in the early pages of Time Driven pre-Kantian madness meant humans were seized by demonic or angelic forces whereas Kantian madness became one of being too human. Madness becomes internalized, the external demonic forces become flaws of the individual mind. Foucault argues that, while madness is de-demonized it is also dehumanized during the Renaissance, as madmen become creatures neither diabolic nor totally human reduced to the zero degree of humanity. It is immediately clear why for Kant, speculative metaphysics must be curbed – with the problem of internal madness and without the external safeguards of transcendental conditions, there is nothing to formally separate the speculative capacities for metaphysical diagnosis from the mad ramblings of the insane mind – both equally fall outside the realm of practicality and quotidian experience. David-Menard's work is particularly useful in diagnosing the relation of thought and madness in Kant's texts. David-Menard argues that in Kant's relatively unknown “An Essay on the Maladies of the Mind” as well as his later discussion of the Seer of Swedenborg, that Kant formulates madness primarily in terms of sensory upheaval or other hallucinatory theaters. She writes: “madness is an organization of thought. It is made possible by the ambiguity of the normal relation between the imaginary and the perceived, whether this pertains to the order of sensation or to the relations between our ideas” Kant's fascination with the Seer forces Kant between the pincers of “aesthetic reconciliation” – namely melancholic withdrawal – and “a philosophical invention” – namely the critical project. Deleuze and Guattari's schizoanalysis is a combination and reversal of Kant's split, where an aesthetic over engagement with the world entails prolific conceptual invention. Their embrace of madness, however, is of course itself conceptual despite all their rhizomatic maneuvers. Though they move with the energy of madness, Deleuze and Guattari save the capacity of thought from the fangs of insanity by imbuing materiality itself with the capacity for thought. Or, as Ray Brassier puts it, “Deleuze insists, it is necessary to absolutize the immanence of this world in such a way as to dissolve the transcendent disjunction between things as we know them and as they are in themselves”. That is, whereas Kant relied on the faculty of judgment to divide representation from objectivity Deleuze attempts to flatten the whole economy beneath the juggernaut of ontological univocity. Speculation, as a particularly useful form of madness, might fall close to Deleuze and Guattari’s shaping of philosophy into a concept producing machine but is different in that it is potentially self destructive – less reliant on the stability of its own concepts and more adherent to exposing a particular horrifying swath of reality. Speculative madness is always a potential disaster in that it acknowledges little more than its own speculative power with the hope that the gibbering of at least a handful of hysterical brains will be useful. Pre-critical metaphysics amounts to madness, though this may be because the world itself is mad while new attempts at speculative metaphysics, at post-Kantian pre-critical metaphysics, are well aware of our own madness. Without the sobriety of the principle of sufficient reason we have a world of neon madness: “we would have to conceive what our life would be if all the movements of the earth, all the noises of the earth, all the smells, the tastes, all the light – of the earth and elsewhere, came to us in a moment, in an instant – like an atrocious screaming tumult of things”. Speculative thought may be participatory in the screaming tumult of the world or, worse yet, may produce its spectral double. Against theology or reason or simply commonsense, the speculative becomes heretical. Speculation, as the cognitive extension of the horrorific sublime should be met with melancholic detachment. Whereas Kant's theoretical invention, or productivity of thought, is self -sabotaging, since the advent of the critical project is a productivity of thought which then delimits the engine of thought at large either in dogmatic gestures or non-systematizable empirical wondrousness. The former is celebrated by the fiction of Thomas Ligotti whereas the latter is espoused by the tales of H.P. Lovecraft. /2/ – Weird Fiction and Philosophy. Supernatural horror, in all its eerie constructions, enables a reader to taste treats inconsistent with his personal welfare. Thomas Ligotti Songs of a Dead Dreamer. I choose weird stories because they suit my inclination best—one of my strongest and most persistent wishes being to achieve,momentarily, the illusion of some strange suspension or violation of the galling limitations of time, space, and natural law which forever imprison us and frustrate our curiosity about the infinite cosmic spaces beyond the radius of our sight and analysis H.P. Lovecraft. “Notes on Writing Weird Fiction” Lovecraft states that his creation of a story is to suspend natural law yet, at the same time, he indexes the tenuousness of such laws, suggesting the vast possibilities of the cosmic. The tension that Lovecraft sets up between his own fictions and the universe or nature is reproduced within his fictions in the common theme of the unreliable narrator; unreliable precisely because they are either mad or what they have witnessed questions the bounds of material reality. In “The Call of Cthulhu” Lovecraft writes: The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents. We live on a placid island of ignorance in the midst of black seas of infinity, and it was not meant that we should voyage far. The sciences, each straining in its own direction, have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the deadly light into the peace and safety of a new dark age. Despite Lovecraft's invocations of illusion, he is not claiming that his fantastic creations such as the Old Ones are supernatural but, following Joshi, are only ever supernormal. One can immediately see that instead of nullifying realism Lovecraft in fact opens up the real to an unbearable degree. In various letters and non-fictional statements Lovecraft espoused strictly materialist tenets, ones which he borrowed from Hugh Elliot namely the uniformity of law, the denial of teleology and the denial of non-material existence. Lovecraft seeks to explore the possibilities of such a universe by piling horror upon horror until the fragile brain which attempts to grasp it fractures. This may be why philosophy has largely ignored weird fiction – while Deleuze and Guattari mark the turn towards weird fiction and Lovecraft in particular, with the precursors to speculative realism as well as contemporary related thinkers have begun to view Lovecraft as making philosophical contributions. Lovecraft's own relation to philosophy is largely critical while celebrating Nietzsche and Schopenhauer. This relationship of Lovecraft to philosophy and philosophy to Lovecraft is coupled with Lovecraft's habit of mercilessly destroying the philosopher and the figure of the academic more generally in his work, a destruction which is both an epistemological destruction and an ontological destruction. Thomas Ligotti's weird fiction which he has designated as a kind of “confrontational escapism” might be best described in the following quote from one of his shortstories, “The human phenomenon is but the sum of densely coiled layers of illusion each of which winds itself on the supreme insanity. That there are persons of any kind when all there can be is mindless mirrors laughing and screaming as they parade about in an endless dream”. Whereas Lovecraft's weirdness draws predominantly from the abyssal depths of the uncharted universe, Ligotti's existential horror focuses on the awful proliferation of meaningless surfaces that is, the banal and every day function of representation. In an interview, Ligotti states: We don't even know what the world is like except through our sense organs, which are provably inadequate. It's no less the case with our brains. Our whole lives are motored along by forces we cannot know and perceptions that are faulty. We sometimes hear people say that they're not feeling themselves. Well, who or what do they feel like then? This is not to say that Ligotti sees nothing beneath the surface but that there is only darkness or blackness behind it, whether that surface is on the cosmological level or the personal. By addressing the implicit and explicit philosophical issues in Ligotti's work we will see that his nightmarish take on reality is a form of malevolent idealism, an idealism which is grounded in a real, albeit dark and obscure materiality. If Ligotti's horrors ultimately circle around mad perceptions which degrade the subject, it takes aim at the vast majority of the focus of continental philosophy. While Lovecraft's acidic materialism clearly assaults any romantic concept of being from the outside, Ligotti attacks consciousness from the inside: Just a little doubt slipped into the mind, a little trickle of suspicion in the bloodstream, and all those eyes of ours, one by one, open up to the world and see its horror [...] Not even the solar brilliance of a summer day will harbor you from horror. For horror eats the light and digests it into darkness. Clearly, the weird fiction of Lovecraft and Ligotti amount to a anti-anthrocentric onslaught against the ramparts of correlationist continental philosophy. /3/ – Shoggothic Materialism or the Formless Formless protoplasm able to mock and reflect all forms and organs and processes—viscous agglutinations of bubbling cells—rubbery fifteen-foot spheroids infinitely plastic and ductile—slaves of suggestion, builders of cities—more and more sullen, more and more intelligent, more and more amphibious, more and more imitative—Great God! What madness made even those blasphemous Old Ones willing to use and to carve such things? H.P. Lovecraft. “At the Mountains of Madness” On the other hand, affirming that the universe resembles nothing and is only formless amounts to saying that the universe is something like a spider or spit. Georges Bataille. “Formless”. The Shoggoths feature most prominently in H.P. Lovecraft's shortstory “At the Mountains of Madness” where they are described in the following manner: It was a terrible, indescribable thing vaster than any subway train – a shapeless congeries of protoplasmic bubbles, faintly self -luminous, and with myriads of temporary eyes forming and un-forming as pustules of greenish light all over the tunnel-filling front that bore down upon us, crushing the frantic penguins and slithering over the glistening floor that it and its kind had swept so evilly free of all litter. The term is a litmus test for materialism itself as the Shoggoth is an amorphous creature. The Shoggoths were living digging machines bio engineered by the Elder Things, and their protoplasmic bodies being formed into various tools by their hypnotic powers. The Shoggoths eventually became self aware and rose up against their masters in an ultimately failed rebellion. After the Elder Ones retreated into the oceans leaving the Shoggoths to roam the frozen wastes of the Antarctic. The onto-genesis of the Shoggoths and their gross materiality, index the horrifyingly deep time of the earth a concept near and dear to Lovecraft's formulation of horror as well as the fear of intelligences far beyond, and far before, the ascent of humankind on earth and elsewhere. The sickly amorphous nature of the Shoggoths invade materialism at large, where while materiality is unmistakably real ie not discursive, psychological, or otherwise overly subjectivist, it questions the relation of materialism to life. As Eugene Thacker writes: The Shoggoths or Elder Things do not even share the same reality with the human beings who encounter them—and yet this encounter takes place, though in a strange no-place that is neither quite that of the phenomenal world of the human subject or the noumenal world of an external reality. Amorphous yet definitively material beings are a constant in Lovecraft's tales. In his tale “The Dream-Quest of Unknown Kadatth” Lovecraft describes Azathoth as, “that shocking final peril which gibbers unmentionably outside the ordered universe,” that, “last amorphous blight of nethermost confusion which blashphemes and bubbles at the centre of all infinity,” who, “gnaws hungrily in inconceivable, unlighted chambers beyond time”. Azathoth's name may have multiple origins but the most striking is the alchemy term azoth which is both a cohesive agent and a acidic creation pointing back to the generative and the decayed. The indistinction of generation and degradation materially mirrors the blur between the natural and the unnatural as well as life and non-life. Lovecraft speaks of the tension between the natural and the unnatural is his short story “The Unnameable.” He writes, “if the psychic emanations of human creatures be grotesque distortions, what coherent representation could express or portray so gibbous and infamous a nebulousity as the spectre of a malign, chaotic perversion, itself a morbid blasphemy against Nature?”. Lovecraft explores exactly the tension outlined at the beginning of this chapter, between life and thought. At the end of his short tale Lovecraft compounds the problem as the unnameable is described as “a gelatin—a slime—yet it had shapes, a thousand shapes of horror beyond all memory”. Deleuze suggests that becoming-animal is operative throughout Lovecraft's work, where narrators feel themselves reeling at their becoming non-human or of being the anomalous or of becoming atomized. Following Eugene Thacker however, it may be far more accurate to say that Lovecraft's tales exhibit not a becoming-animal but a becoming-creature. Where the monstrous breaks the purportedly fixed laws of nature, the creature is far more ontologically ambiguous. The nameless thing is an altogether different horizon for thought. The creature is either less than animal or more than animal – its becoming is too strange for animal categories and indexes the slow march of thought towards the bizarre. This strangeness is, as aways, some indefinite swirling in the category of immanence and becoming. Bataille begins “The Labyrinth” with the assertion that being, to continue to be, is becoming. More becoming means more being hence the assertion that Bataille's barking dog is more than the sponge. This would mean that the Shoggotth is altogether too much being, too much material in the materialism. Bataille suggests that there is an immanence between the eater and the eaten, across the species and never within them. That is, despite the chaotic storm of immanence there must remain some capacity to distinguish the gradients of becoming without reliance upon, or at least total dependence upon, the powers of intellection to parse the universe into recognizable bits, properly digestible factoids. That is, if we undo Deleuze's aforementioned valorization of sense which, for his variation of materialism, performed the work of the transcendental, but refuse to reinstate Kant's transcendental disjunction between thing and appearance, then it must be a quality of becoming-as-being itself which can account for the discernible nature of things by sense. In an interview with Peter Gratton, Jane Bennett formulates the problem thusly: What is this strange systematicity proper to a world of Becoming? What, for example, initiates this congealing that will undo itself? Is it possible to identify phases within this formativity, plateaus of differentiation? If so, do the phases/plateaus follow a temporal sequence? Or, does the process of formation inside Becoming require us to theorize a non-chronological kind of time? I think that your student’s question: “How can we account for something like iterable structures in an assemblage theory?” is exactly the right question. Philosophy has erred too far on the side of the subject in the subject-object relation and has furthermore, lost the very weirdness of the non-human. Beyond this, the madness of thought need not override. /4/ - Ventriloquial Idealism or the Externality of Thought My aim is the opposite of Lovecraft's. He had an appreciation for natural scenery on earth and wanted to reach beyond the visible in the universe. I have no appreciation for natural scenery and want the objective universe to be a reflection of a character. Thomas Ligotti. “Devotees of Decay and Desolation.” Unless life is a dream, nothing makes sense. For as a reality, it is a rank failure [….] Horror is more real than we are. Thomas Ligotti. “Professor Nobody's Little Lectures on Supernatural Horror”. Thomas Ligotti's tales are rife with mannequins, puppets, and other brainless entities which of replace the valorized subject of philosophy – that of the free thinking human being. His tales such as “The Dream of the Manikin” aim to destroy the rootedness of consciousness. James Trafford has connected the anti-egoism of Ligotti to Thomas Metzinger – where the self is at best an illusion and we plead desperately for someone else to acknowledge that we are real. Trafford has stated it thus, “Life is played out as an inescapable puppet show, an endless dream in which the puppets are generally unaware that they are trapped within a mesmeric dance of whose mechanisms they know nothing and over which they have no control”. An absolute materialism, for Ligotti, implies an alienation of the idea which leads to a ventriloquil idealism. As Ligotti notes in an interview, “the fiasco and nightmare of existence, the particular fiasco and nightmare of human existence, the sense that people are puppets of powers they cannot comprehend, etc.” And then further elaborates that,“[a]ssuming that anything has to exist, my perfect world would be one in which everyone has experienced the annulment of his or her ego. That is, our consciousness of ourselves as unique individuals would entirely disappear”. The externality of the idea leads to the unfortunate consequence of consciousness eating at itself through horror which, for Ligotti, is more real than reality and goes beyond horror-as-affect. Beyond this, taking together with the unreality of life and the ventriloquizing of subjectivity, Ligotti's thought becomes an idealism in which thought itself is alien and ultimately horrifying. The role of human thought and the relation of non-relation of horror to thought is not completely clear in Ligotti's The Conspiracy Against the Human Race. Ligotti argues in his The Conspiracy Against the Human Race,that the advent of thought is a mistake of nature and that horror is being in the sense that horror results from knowing too much. Yet, at the same time, Ligotti seems to suggest that thought separates us from nature whereas, for Lovecraft, thought is far less privileged – mind is just another manifestation of the vital principal, it is just another materialization of energy. In his brilliant “Prospects for Post-Copernican Dogmatism” Iain Grant rallies against the negative definition of dogmatism and the transcendental, and suggests that negatively defining both over-focuses on conditions of access and subjectivism at the expense of the real or nature. With Schelling, who is Grant's champion against the subjectivist bastions of both Fichte and Kant, Ligotti's idealism could be taken as a transcendental realism following from an ontological realism. Yet the transcendental status of Ligotti's thought move towards a treatment of the transcendental which may threaten to leave beyond its realist ground. Ligotti states: Belief in the supernatural is only superstition. That said, a sense of the supernatural, as Conrad evidenced in Heart of Darkness, must be admitted if one's inclination is to go to the limits of horror. It is the sense of what should not be- the sense of being ravaged by the impossible. Phenomenally speaking, the super-natural may be regarded as the metaphysical counterpart of insanity, a transcendental correlative of a mind that has been driven mad. Again, Ligotti equates madness with thought, qualifying both as supernatural while remaining less emphatic about the metaphysical dimensions of horror. The question becomes one of how exactly the hallucinatory realm of the ideal relates to the black churning matter of Lovecraft's chaos of elementary particles. In his tale “I Have a Special Plan for This World” Ligotti formulates thus: A: There is no grand scheme of things. B: If there were a grand scheme of things, the fact – the fact – that we are not equipped to perceive it, either by natural or supernatural means, is a nightmarish obscenity. C: The very notion of a grand scheme of things is a nightmarish obscenity. Here Ligotti is not discounting metaphysics but implying that if it does exist the fact that we are phenomenologically ill-equipped to perceive that it is nightmarish. For Ligotti, nightmare and horror occur within the circuit of consciousness whereas for Lovecraft the relation between reality and mind is less productive on the side of mind. It is easier to ascertain how the Kantian philosophy is a defense against the diseases of the head as Kant armors his critical enterprise from too much of the world and too much of the mind. The weird fiction of both Lovecraft and Ligotti demonstrates that there is too much of both feeding into one another in a way that corrodes the Kantian schema throughly, breaking it down into a dead but still ontologically potentiated nigredo. The haunting, terrifying fact of Ligotti's idealism is that the transcendental motion which brought thought to matter, while throughly material and naturalized, brings with it the horror that thought cannot be undone without ending the material that bears it either locally or completely. Thought comes from an elsewhere and an elsewhen being-in-thought. The unthinkable outside thought is as maddening as the unthought engine of thought itself within thought which doesn't exist except for the mind, the rotting décor of the brain. /5/ - Hyperstitional Transcendental Paranoia or Self -Expelled Thought Weird fiction has been given some direct treatment in philosophy in the mad black Deleuzianism of Nick Land. Nick Land along with others in the 1990s created the Cyber Culture Research Unit as well as the research group Hyperstition. The now defunct hyperstitional website, an outgrowth of the Cyber Culture Research Unit, defined hyperstition in the following fourfold: 1-Element of effective culture that makes itself real. 2-Fictional quantity functional as a time-traveling device. 3-Coincidence intensifier. 4-Call to the Old Ones. The distinctively Lovecraftian character of hyperstition is hard to miss as is its Deleuzo-Guattarian roots. In the opening pages of A Thousand Plateaus Deleuze and Guattari write, “We have been criticized for over-quoting literary authors. But when one writes, the only question is which other machine the literary machine can be plugged into”. The indisinction of literature and philosophy mirrors the mess of being and knowing as post-correlationist philosophy, where philosophy tries to make itself real where literature, especially the weird, aims itself at the brain-circuit of horror. The texts of both Lovecraft and Ligotti work through horror as epistemological plasticity meeting with proximity as well as the deep time of Lovecraft and the glacially slow time of paranoia in Ligotti. Against Deleuze, and following Brassier, we cannot allow the time of consciousness, the Bergsonian time of the duree, to override natural time, but instead acknowledge that it is an unfortunate fact of existence as a thinking being. Horror-time, the time of consciousness, with all its punctuated moments and drawn out terrors, cannot compare to the deep time of non-existence both in the unreachable past and the unknown future. The crystalline cogs of Kant's account of experience as the leading light for the possibility of metaphysics must be throughly obliterated. His gloss of experience in Prolegomena to any Future Metaphysics could not be more sterile: Experience consists of intuitions, which belong to the sensibility, and of judgments, which are entirely a work of the understanding. But the judgments which the understanding makes entirely out of sensuous intuitions are far from being judgments of experience. For in the one case the judgment connects only the perceptions as they are given in sensuous intuition [....] Experience consists in the synthetic connection of appearances in consciousness, so far as this connection is necessary. Here it is difficult to dismiss the queasiness that Kant's legalism induces upon sight for both Badiou and David-Menard. Kant's thought becomes, as Foucault says when reflecting on Sade's text in relation to nature, “the savage abolition of itself”. For Badiou, Kant's philosophy simply closes off too much of the outside, freezing the world of thought in an all too limited formalism. Critical philosophy is simply the systematized quarantine on future thinking, on thinking which would threaten the formalism which artificially grants thought its own coherency in the face of madness. Even the becoming-mad of Deleuze, while escaping the rumbling ground, makes grounds for itself, mad grounds but grounds which are thinkable in their affect. The field of effects allows for Deleuze's aesthetic and radical empiricism, in which effects and/or occasions make up the material of the world to be thought as a chaosmosis of simulacra. Given a critique of an empiricism of aesthetics, of the image, it may be difficult to justify an attack on Kantian formalism with the madness of literature, which does not aim to make itself real but which we may attempt to make real. That is, how do Lovecraft's and Ligotti's materials, as materials for philosophy to work on, differ from either the operative formalisms of Kant or the implicitly formalized images of Deleuzian empiricism? It is simply that such texts do not aim to make themselves real, and make claims to the real which are more alien to us than familiar, which is why their horror is immediately more trustworthy. This is the madness which Blanchot discusses in The Infinite Conversation through Cervantes and his knight – the madness of book-life, of the perverse unity of literature and life a discussion which culminates in the discussion of one of the weird's masters, that of Kafka. The text is the knowing of madness, since madness, in its moment of becoming-more-mad, cannot be frozen in place but by the solidifications of externalizing production. This is why Foucault ends his famous study with works of art. Furthermore extilligence, the ability to export the products of our maligned brains, is the companion of the attempts to export, or discover the possibility of intelligences outside of our heads, in order for philosophy to survive the solar catastrophe. To borrow again from Deleuze, writing is inseparable from becoming. The mistake is to believe that madness is reabsorbed by extilligence, by great works, or that it could be exorcised by the expelling of thought into the inorganic or differently organic. Going out of our heads does not guarantee we will no longer mean we cannot still go out of our minds. This is simply because of the outside, of matter, or force, or energy, or thing-in-itself, or Schopenhauerian Will. In Lovecraft’s “The Music of Erich Zahn” an “impoverished student of metaphysics” becomes intrigued by strange viol music coming from above his room. After meeting the musician the student discovers that each night he plays frantic music at a window in order to keep some horridness at bay, some “impenetrable darkness with chaos and pandemonium”. The aesthetic defenses provided by the well trained brain can bear the hex of matter for so long, the specter of unalterability within it which too many minds obliterate, collapsing everything before the thought of thought as thinkable or at least noetically mutable on our own terms. Transcendental paranoia is the concurrent nightmare and promise of Paul Humphrey's work, of being literally out of our minds. It is the gothic counterpart of thinking non-conceptually but also of thinking never belonging to any instance of purportedly solid being. As Bataille stated, “At the boundary of that which escapes cohesion, he who reflects within cohesion realizes there is no longer any room for him” Thought is immaterial only to the degree that it is inhuman, it is a power that tries, always with failure, to ascertain its own genesis. Philosophy, if it can truly return to the great outdoors, if it can leave behind the dead loop of the human skull, must recognize not only the non-priority of human thought, but that thought never belongs to the brain that thinks it, thought comes from somewhere else. To return to the train image from the beginning “a locomotive rolling on the surface of the earth is the image of continuous metamorphosis” this is the problem of thought, and of thinking thought, of being no longer able to isolate thought, with only a thought-formed structure. [1] One of the central tenets of Francois Laruelle's non-philosophy is that philosophy has traditionally operated on material already presupposed as thinkable instead of trying to think the real in itself. Philosophy, according to Laruelle, remains fixated on transcendental synthesis which shatters immanence into an empirical datum and an a prori factum which are then fused by a third thing such as the ego. For a critical account of Laruelle's non-philosophy see Ray Brassier's Nihil Unbound. (shrink)

Although moral relativists often appeal to cases of apparent moral disagreement between members of different communities to motivate their view, accounting for these exchanges as evincing genuine disagreements constitutes a challenge to the coherence of moral relativism. While many moral relativists acknowledge this problem, attempts to solve it so far have been wanting. In response, moral relativists either give up the claim that there can be moral disagreement between members of different communities or end (...) up with a view on which these disagreements have no “epistemic significance” because they are always faultless. This paper introduces an alternative strategy: accounting for disagreement in terms of “metalinguistic negotiation”. It argues that this strategy constitutes a better solution to the challenge disagreement poses for moral relativists because it leads to a nuanced understanding of the epistemic significance of moral disagreement between members of different communities. The upshot is a novel account of disagreement for moral relativists that has consequences for how moral relativism should be understood. (shrink)

1. EXPLICATING THE CONCEPT OF REFLECTION (under review) -/- To understand how ‘reflection’ is used, I consider ordinary, philosophical, and scientific discourse. I find that ‘reflection’ seems to refer to reasoning that is deliberate and conscious, but not necessarily self-conscious. Then I offer an empirical explication of reflection’s conscious and deliberate features. These explications not only help explain how reflection can be detected; they also distinguish reflection from nearby concepts such as ruminative and reformative reasoning. After this, I find that (...) reflection is not obviously limited to only practical or only theoretical reasoning. The chapter ends with reasons to prefer ‘unreflective’ and ‘reflective’ to dual process theorists’ labels about systems or types. -/- 2. BOUNDED REFLECTIVISM & EPISTEMIC IDENTITY (in Metaphilosophy) -/- Reflection features centrally in philosophy (e.g., Korsgaard, 1996; Rawls, 1971; Sosa, 1991) and psychology (e.g., Pennycook, 2018). Bounded reflectivism is an empirically adequate model of reflection that explains reflection’s capacity to either help or hinder reasoning—e.g., reflective equilibrium vs. reflective polarization (e.g., Kahan et al., 2017). One innovation of the model is epistemic identity: an identity that involves particular beliefs—e.g., religious and political identities. When we feel that our epistemic identity is threatened, we can reflectively defend its beliefs rather than update our beliefs according to the best arguments and evidence. The solution, I argue, is not to suppress epistemic identity but embrace it by appealing to shared, superordinate epistemic identities. -/- 3. ALL MEASURES ARE NOT CREATED EQUAL (under review) -/- A bat and a ball cost $1.10 in total. The bat costs $1.00 more than the ball. How much does the ball cost? “10 cents” comes to most people’s minds immediately. However, upon reflection, we can realize that “5 cents” is the correct answer. There are many reflection tests. Each has its limitations. Some reflection tests are mathematical—like the bat-and-ball problem (e.g., Frederick, 2005) and others are logical (e.g., Janis & Frick, 1943). So there are concerns that reflection tests track logical and mathematical competence rather than reflection per se. Also, some psychologists assume a priori that correct answers are reflective and lured answers are unreflective. New evidence raises additional concerns about the plausibility of these assumptions. I argue that think aloud protocols (Ericsson & Simon, 1998) and process dissociation (Jacoby, 1991) can assuage some of these concerns. -/- 4. GREAT MINDS DO NOT THINK ALIKE (in Review of Philosophy and Psychology) -/- Two large studies (N = 1299), one pre-registered, found that many correlations between reflection and philosophical beliefs among non-philosophers replicated among philosophers. For example, less reflective philosophers preferred theism to atheism and utilitarian rather than deontological responses to the trolley problem (Hannikainen & Cova, in prep.; Pennycook et al., 2016; Reynolds, Byrd, & Conway, forthcoming). However, philosophical judgments were sometimes better predicted by factors like education, gender, and personality than by reflection test performance. So although some relationships between reflection and philosophy were robust, there is more to the link between reflection and philosophy. Normative implications are also discussed—e.g., how we can infer the quality of philosophical views from their correlations with reflective or unreflective reasoning. -/- 5. WHAT WE CAN (AND CAN’T) INFER ABOUT IMPLICIT BIAS (in Synthese) -/- Contrary to some philosophers and psychologists, I argue that implicit bias is probably associative. However, I also argue that debiasing is not thereby entirely unconscious and involuntary. Indeed, strong evidence suggests that reflection can change implicitly biased behavior—e.g., conscious and deliberate counterconditioning. This has implications for the science and morality of implicit bias—e.g., evidence suggests that we can reform biases; so. intuitively, we can be responsible for biases. (shrink)

We chart how neuroscience and philosophy have together advanced our understanding of moral judgment with implications for when it goes well or poorly. The field initially focused on brain areas associated with reason versus emotion in the moral evaluations of sacrificial dilemmas. But new threads of research have studied a wider range of moral evaluations and how they relate to models of brain development and learning. By weaving these threads together, we are developing a better understanding of (...) the neurobiology of moral judgment in adulthood and to some extent in childhood and adolescence. Combined with rigorous evidence from psychology and careful philosophical analysis, neuroscientific evidence can even help shed light on the extent of moral knowledge and on ways to promote healthy moral development. (shrink)

To speak of being religious lucky certainly sounds odd. But then, so does “My faith holds value in God’s plan, while yours does not.” This book argues that these two concerns — with the concept of religious luck and with asymmetric or sharply differential ascriptions of religious value — are inextricably connected. It argues that religious luck attributions can profitably be studied from a number of directions, not just theological, but also social scientific and philosophical. There is a strong tendency (...) among adherents of different faith traditions to invoke asymmetric explanations of the religious value or salvific status of the home religion vis-à-vis all others. Attributions of good/bad religious luck and exclusivist dismissal of the significance of religious disagreement are the central phenomena that the book studies. Part I lays out a taxonomy of kinds of religious luck, a taxonomy that draws upon but extends work on moral and epistemic luck. It asks: What is going on when persons, theologies, or purported revelations ascribe various kinds of religiously-relevant traits to insiders and outsiders of a faith tradition in sharply asymmetric fashion? “I am saved but you are lost”; “My religion is holy but yours is idolatrous”; “My faith tradition is true, and valued by God, but yours is false and valueless.” Part II further develops the theory introduced in Part I, pushing forward both the descriptive/explanatory and normative sides of what the author terms his inductive risk account. Firstly, the concept of inductive risk is shown to contribute to the needed field of comparative fundamentalism by suggesting new psychological markers of fundamentalist orientation. The second side of what is termed an inductive risk account is concerned with the epistemology of religious belief, but more especially with an account of the limits of reasonable religious disagreement. Problems of inductively risky modes of belief-formation problematize claims to religion-specific knowledge. But the inductive risk account does not aim to set religion apart, or to challenge the reasonableness of religious belief tout court. Rather the burden of the argument is to challenge the reasonableness of attitudes of religious exclusivism, and to demotivate the “polemical apologetics” that exclusivists practice and hope to normalize. Lexington Books Pages: 290 978-1-4985-5017-8 • Hardback • December 2018 • $95.00 • (£65.00) 978-1-4985-5018-5 • eBook • December 2018 • $90.00 • (£60.00) ISBN 978-1-4985-5018-5 (pbk: alk. paper) (coming 2020) [Download the 30% personal use Discount Order Form I uploaded for hardcover or e-book, and please ask your library to purchase a copy for their collection.]. (shrink)

Hypothetical trolley problems are widely used to elicit moral intuitions, which are employed in the development of moral theory and the psychological study of moral judgments. The scenarios used are outlandish, and some philosophers and psychologists have questioned whether the judgments made in such unrealistic and unfamiliar scenarios are a reliable basis for theory-building. We present two experiments that investigate whether differences in moral judgment due to the role of the agent, previously found in a (...) standard trolley scenario, persist when the structure of the problem is transplanted to a more familiar context. Our first experiment compares judgments in hypothetical scenarios; our second experiment operationalizes some of those scenarios in the laboratory, allowing us to observe judgments about decisions that are really being made. In the hypothetical experiment, we found that the role effect reversed in our more familiar context, both in judgments about what the actor ought to do and in judgments about the moral rightness of the action. However, in our laboratory experiment, the effects reversed back or disappeared. Among judgments of what the actor ought to do, we found the same role effect as in the standard hypothetical trolley scenario, but the effect of role on moral judgments disappeared. (shrink)

This chapter proposes a solution to the Trolley Problem in terms of the Kantian prohibition on using a person ‘merely as a means.’ A solution of this type seems impossible due to the difficulties it is widely thought to encounter in the scenario known as the Loop case. The chapter offers a conception of ‘using merely as a means’ that explains the morally relevant difference between the classic Bystander and Footbridge cases. It then shows, contrary to the standard view, (...) that a bystander who diverts the trolley in the Loop case need not be using someone ‘merely as a means’ in doing so. This makes it possible to show why the Loop scenario does not undermine the explanation of the salient moral difference between the Bystander and Footbridge cases. (shrink)

One way to interpret the work of Joshua Greene (2001; 2008; 2014) is that the wave of empirical research into moral decision-making is a way for us to become more confident in our ability to gain moral knowledge. We argue that empirical research into moral judgment has shown (both survey-based and brain-based) that the grounds of moral judgment are opaque on several dimensions. We argue that we cannot firmly grasp what the morally relevant/irrelevant features of a (...) decision context are, understand which cognitive system responds to said features, and further know that we are actually basing our judgment upon what we take to be the morally relevant features. That is, we argue that moral judgment is very much like other kinds of judgment: Deeply influenced by facts about the decision-context and the decision-maker. However, if moral judgment is merely the exercise of our general judgment making faculty, we shouldn’t be surprised by this result. We conclude by considering what this means for our practice of making moral judgments. (shrink)

Experimental research suggests that people draw a moral distinction between bad outcomes brought about as a means versus a side effect (or byproduct). Such findings have informed multiple psychological and philosophical debates about moral cognition, including its computational structure, its sensitivity to the famous Doctrine of Double Effect, its reliability, and its status as a universal and innate mental module akin to universal grammar. But some studies have failed to replicate the means/byproduct effect especially in the absence of (...) other factors, such as personal contact. So we aimed to determine how robust the means/byproduct effect is by conducting a meta-analysis of both published and unpublished studies (k = 101; 24,058 participants). We found that while there is an overall small difference between moral judgments of means and byproducts (standardized mean difference = 0.87, 95% CI 0.67 – 1.06; standardized mean change = 0.57, 95% CI 0.44 – 0.69; log odds ratio = 1.59, 95% CI 1.15 – 2.02), the mean effect size is primarily moderated by whether the outcome is brought about by personal contact, which typically involves the use of personal force. (shrink)

In this paper, I set out a new Kantian approach to resolving conflicts between moral obligations for highly autonomous machine agents. First, I argue that efforts to build explicitly moral autonomous machine agents should focus on what Kant refers to as duties of right, which are duties that everyone could accept, rather than on duties of virtue (or “ethics”), which are subject to dispute in particular cases. “Moral” machines must first be rightful machines, I argue. I then (...) show how this shift in focus from ethics to a standard of public right resolves the conflicts in what is known as the "trolley problem" for autonomous ma-chine agents. Finally, I consider how a deontic logic suitable for capturing duties of right might meet Kant’s requirement that rightfully enforceable obligations be consistent in a system of equal freedom under universal law. (shrink)

Many accounts of political liberalism contend that reasonable citizens ought to refrain from invoking their disputed comprehensive beliefs in public deliberation about constitutional essentials. Critics maintain that this ‘refraining condition’ puts pressure on citizens to entertain skepticism about their own basic beliefs, and that accounts of political liberalism committed to it are resultantly committed to a position – skepticism about conceptions of the good – that is itself subject to reasonable disagreement. Discussions in the epistemology of disagreement have tended to (...) reinforce this critique, which has come to be known as political liberalism’s skeptical problem. This paper responds to the skeptical problem by providing a novel rationale to the refraining condition, which I call the burden of total experience. Such a burden emphasizes that full communication of the basis of individual belief is not always possible, even between epistemic peers. Accepting the burden of total experience allows individuals to recognize the reasonableness of the refraining condition in a way that stops the slide to skepticism, all while avoiding, or so I argue, relying on a problematically controversial explainer for disagreement. (shrink)

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

In this book chapter I argue that contrary to what is said by Paul Guyer in Kant (Routledge, 2006) Kant's moral philosophy prohibits the bystander from throwing the switch to divert the runaway trolley to a side track with an innocent person on it in order to save more people who are in the path of the trolley in the "Trolley Problem" case made famous by Judith Jarvis Thomson (1976; 1985). Furthermore, Thomson herself (2008) came to (...) agree that it would be wrong to throw the switch, just as it is wrong to push the person off the bridge to stop the trolley (1976; 1985). In changing her mind about this case, Thomson came to agree with Kant as well as with Philippa Foot (1967) who argued in her original paper that a negative duty not to harm one healthy patient outweighed a positive duty to give aid to five other patients by transplanting the healthy person's organs. (shrink)

I defend the thesis that friendship can constitutively require epistemic irrationality against a recent, forceful challenge, raised by proponents of moral and pragmatic encroachment. Defenders of the “encroachment strategy” argue that exemplary friends who are especially slow to believe that their friends have acted wrongly are simply sensitive to the high prudential or moral costs of falsely believing in their friends’ guilt. Drawing on psychological work on epistemic motivation (and in particular on the notion of “need (...) for closure”), I propose a different picture of what friendship requires in the doxastic realm. I argue that contrary to what the encroachment strategy suggests, exemplary friends’ belief formation ought not be guided by a concern with accuracy or error avoidance, but instead by a need to avoid a “specific closure” – namely, a need to avoid concluding in their friends’ guilt. I propose that exemplary friendship often generates a defeasible, doxastic obligation to exemplify such a need, despite its inherent corrupting effects on exemplary friends’ epistemic faculties. (shrink)

According to the view that there is moral encroachment in epistemology, whether a person has knowledge of p sometimes depends on moral considerations, including moral considerations that do not bear on the truth or likelihood of p. Defenders of moral encroachment face a central challenge: they must explain why the moral considerations they cite, unlike moral bribes for belief, are reasons of the right kind for belief (or withheld belief). This paper distinguishes between a (...) moderate and a radical version of moral encroachment. It shows that, while defenders of moderate moral encroachment are well-placed to meet the central challenge, defenders of radical moral encroachment are not. The problem for radical moral encroachment is that it cannot, without taking on unacceptable costs, forge the right sort of connection between the moral badness of a belief and that belief’s chance of being false. (shrink)

In biomedical ethics, there is widespread acceptance of moral realism, the view that moral claims express a proposition and that at least some of these propositions are true. Biomedical ethics is also in the business of attributing moral obligations, such as “S should do X.” The problem, as we argue, is that against the background of moral realism, most of these attributions are erroneous or inaccurate. The typical obligation attribution issued by a biomedical ethicist fails to (...) truly capture the person's actual obligations. We offer a novel argument for rife error in obligation attribution. The argument starts with the idea of an epistemic burden. Epistemic burdens are all of those epistemic obstacles one must surmount in order to achieve some aim. Epistemic burdens shape decision-making such that given two otherwise equal options, a person will choose the option that has the lesser of epistemic burdens. Epistemic burdens determine one's potential obligations and, conversely, their non-obligations. The problem for biomedical ethics is that ethicists have little to no access to others' epistemic burdens. Given this lack of access and the fact that epistemic burdens determine potential obligations, biomedical ethicists often can only attribute accurate obligations out of luck. This suggests that the practice of attributing obligations in biomedical ethics is rife with error. To resolve this widespread error, we argue that this practice should be abolished from the discourse of biomedical ethics. (shrink)

This dissertation is a contribution to the debate about ‘climate justice’, i.e. a call for a just and feasible distribution of responsibility for addressing climate change. The main argument is a proposal for a cautious, practicable, and necessary step in the right direction: given the set of theoretical and practical obstacles to climate justice, we must begin by making contemporary development practices sustainable. In times of climate change, this is done by recognising and responding to the fact that emissions of (...) greenhouse gases, with climate change as their result, are an immanent threat to any reflectively embraced development project. In the universal pursuit of progress, basic needs of both present and future people are put at risk. Even so, a political stalemate and business-as-usual prevail. The situation is locked up by an uncertainty about the exact impacts of choices made and by the reasonable disagreement of modern societies. The result is passiveness, and the passing on of a slowly and indiscernibly growing problem to future generations. This dissertation brings out a crucial message about the need to make our development sustainable. Instead of delaying action through trying to resolve the intractable epistemic and normative uncertainty fully, the focus should be on vindicating already shared points of practical convergence. On the constructivist method here adopted, the task is to characterise the agent and the situation faced from a practical and first-person point of view. More specifically, to specify the practical problem climate change gives rise to; the moral importance of needs (chapter three); how a principled priority of basic needs can be defended (chapter four), intergenerationally (chapter five) and internationally (chapter six); and what natural and social limits there are to development (chapter seven). These conceptions narrows the practice of development in the present context: it can be concluded that development must not risk the basic needs of anyone implicated. This common ground brackets off disagreement irrelevant to the urgent need to act, and so brings together otherwise deeply divided agents. A sufficientarian basic needs-principle, as the focus of an overlapping consensus, is practicable and anticipatory in the disuniting moral conundrum of climate change. (shrink)

There is a fundamental incompatibility between a developmental orientation to education and instrumental and scientistic conceptions of rationality that dominate educational inquiry. An expanded conception of rationality is provided in the critical theory of Jurgen Habermas. This study draws on Habermas' work to present a theory of inquiry that is consistent with a developmental perspective. I distinguish three interdependent realms of experience--the objective world of nature, the intersubjective world of society and the subjective world of each individual. Then, I argue (...) that current conceptions of rationality tend to reduce personal and interpersonal experience to the objective material realm. Under prevailing conceptions, human action is rational when it pursues valued ends guided by knowledge about the world and effective means-ends relationships. Both theories of knowledge and theories of value in these conceptions are inadequate for a developmental orientation. -/- First, knowledge is defined as justified true belief. Theories of truth are based on the correspondence of beliefs with an external world; theories of justification are based on perceptual certainty. These conceptions objectify experience by making experience an object of natural science and instrumental action separate from and external to the person. Such conceptions reduce experience to the objective material dimension and cannot adequately account for the personal and interpersonal dimensions of human experience and understanding. -/- Second, because value claims are not capable of justification by these standards, they are considered ultimately irrational and treated as subjectively held empirical properties of individuals. The only standard of rationality is efficiency and economy in the selection of means. Ethics is reduced to empirical science. But the removal of practical questions from public discourse divests action of ethical significance. With its strict separation of descriptive and normative domains, empirical-analytic inquiry can neither acknowledge its standard of instrumental efficiency nor reach into the practical arena to guide the selection of values and ends that orient and gude human action. Practical questions that cannot be framed in terms of technical problems cannot be taken seriously. -/- Whereas these conceptions of rationality are generally derived from theories of experienced based on individual consciousness, Habermas looks to language for a more adequate account of the intersubjective nature of experience. This account provides an expanded conception of rationality with theories for justifying beliefs and actions that incorporate the personal and interpersonal dimensions of experience so critical to a developmental perspective. Through an analysis of the universal pragmatic structure of language directed to the resolution of problematic truth claims and moral claims, this study presents a consensus theory of truth (for a more adequate theory of knowledge) and a communicative theory of ethics (based on a more adequate theory of human values). -/- The concept of truth refers to a universal pragmatic convention of the unforced agreement of an ideal community of inquirers. Ethical conduct is guided by norms that reflect a rational general will and that regulate genuine human needs. Problematic truth claims and moral claims are discursively justified by the force of the better argument under the conditions of an anticipated "ideal speech situation" inherent in the very structure of communication. Furthermore, a theory of inquiry is developed in which inquiry processes are represented as historically evolved extensions of developmental process in the three realms of experience. Three interrelated forms of inquiry are derived--empirical-analytic, hermeneutic and critical. I derive each from its respective experiential realm, and indicate the logic of inquiry, object domain, and kind of knowledge gained from each. -/- An exploration of the relationship between inquiry and development provides a foundation for a developmental orientation to education. Finally, the theory is contrasted with prevailing inquiry approaches in education and illustrated with an application to a particular educational problem. (shrink)

This paper addresses the cultural sustainability of artificial intelligence use through one of its most widely discussed instances: autonomous driving. The introduction of self-driving cars places us in a radically novel moral situation, requiring advance, reflectively endorsed, forced, and iterable choices, with yet uncharted forms of risk imposition. The argument is meant to explore the necessity and possibility of maintaining one of our most fundamental moral-cultural principles in this new context, that of the equal treatment of persons. It (...) is claimed that the implementation of this principle requires central and uniform regulation in autonomous mobility. (shrink)

At the height of the Covid-19 pandemic, frontline medical professionals at intensive care units around the world faced gruesome decisions about how to ration life-saving medical resources. These events provided a unique lens through which to understand how the public reasons about real-world dilemmas involving trade-offs between human lives. In three studies (total N = 2298), we examined people’s moral attitudes toward triage of acute coronavirus patients, and found elevated support for utilitarian triage policies. These utilitarian tendencies did not (...) stem from period change in moral attitudes relative to pre-pandemic levels--but rather, from the heightened realism of triage dilemmas. Participants favored utilitarian resolutions of critical care dilemmas when compared to structurally analogous, non-medical dilemmas—and such support was rooted in prosocial dispositions, including empathy and impartial beneficence. Finally, despite abundant evidence of political polarization surrounding Covid-19, moral views about critical care triage differed modestly, if at all, between liberals and conservatives. Taken together, our findings highlight people’s robust support for utilitarian measures in the face of a global public health threat, and illustrate how hypothetical scenarios in moral psychology (e.g. trolley cases) should strive for more experiential and psychological realism, otherwise their results might not generalize to real-world moral dilemmas. (shrink)

This paper identifies and criticizes certain fundamental commitments of virtue theories in epistemology. A basic question for virtues approaches is whether they represent a ‘third force’––a different source of normativity to internalism and externalism. Virtues approaches so-conceived are opposed. It is argued that virtues theories offer us nothing that can unify the internalist and externalist sub-components of their preferred success-state. Claims that character can unify a virtues-based axiology are overturned. Problems with the pluralism of virtues theories are identified––problems with (...) pluralism and the nature of the self; and problems with pluralism and the goals of epistemology. Moral objections to virtue theory are identified––specifically, both the idea that there can be a radical axiological priority to character and the anti-enlightenment tendencies in virtues approaches. Finally, some strengths to virtue theory are conceded, while the role of epistemic luck is identified as an important topic for future work. (shrink)

Can addiction be credibly invoked as an excuse for moral harms secondary to particular decisions to use drugs? This question raises two distinct sets of issues. First, there is the question of whether addiction is the sort of consideration that could, given suitable assumptions about the details of the case, excuse or mitigate moral blameworthiness. Most discussions of addiction and moral responsibility have focused on this question, and many have argued that addiction excuses. Here I articulate what (...) I take to be the best argument for this view, based on the substantial difficulty that people with severe addiction experience in controlling drug-related behavior. This, I argue, may in some cases be sufficient to ground a mitigating excuse, given the way in which addiction undermines agents’ responsiveness to relevant moral reasons to do otherwise. Much less attention has been devoted to a second set of issues that critically affect the possibility of applying this mitigating excuse in particular cases, derived from the ambivalent nature of agential control in addiction. In order to find a fitting response to moral harm, the person with the right standing to blame must make a judgment about the extent to which the agent possessed certain morally relevant capacities at the time of the act. In practice, this will often prove tremendously difficult to assess. The ethical challenge for the person with the right standing to blame is fundamentally one of making a judgment about matters that seem underdetermined by the available evidence. (shrink)

The central argument of this article is that the standard conception of character given in virtue theory, as exemplified in the work of Rosalind Hursthouse, is seriously flawed. Partially, this is because looking behind a moral action for a ‘character’ is suspiciously akin to looking behind an object for an ‘essence’, and is susceptible to the same interpretive errors as an epistemic strategy. Alternately, a character—once inducted and projected upon a moral agent—is supposed to be a more (...) or less permanent property of that individual; a schema which leaves little room for the real possibility of personal transformation. I argue here that what is often referred to in virtue literature as ‘character’ can be productively re-described as the aggregate of all moral actions performed by any one moral agent: nothing more, and nothing less. My hope is that this interpretive strategy will result in broader and more coherent readings of moral actions, and thus also clarify moral confusion resulting from the current lack of the same. (shrink)

I defend the view that a significant ethical distinction can be made between justified killing in self-defense and police use of lethal force. I start by opposing the belief that police use of lethal force is morally justified on the basis of self-defense. Then I demonstrate that the state’s monopoly on the use of force within a given jurisdiction invests police officers with responsibilities that go beyond what morality requires of the average person. I argue that the (...) police should primarily be concerned with preserving public safety. As a consequence, police have additional moral permissions to use lethal force. But this also means that the principle of restraint is inherent to the policing function and therefore police are obliged to go to greater lengths to avoid killing. I concede that the just use of police force can be made difficult in extreme situations such as a mass riot. In such cases, police should take proportionate actions necessary to protect the lives of inhabitants by restoring order, which might include calling on military support. I conclude with a cautionary note opposing militarization of the policing role. (shrink)

Motivational judgement internalists hold that there is a necessary connection between moral judgments and motivation. There is, though, an important lack of clarity in the literature about the types of moral evaluation the theory is supposed to cover. It is rarely made clear whether the theory is intended to cover all moral judgements or whether the claim covers only a subset of such judgements. In this paper I will investigate which moral judgements internalists should hold their (...) theory to apply to. I will argue that the possibility of the supererogation amoralist, someone who makes genuine supererogation judgements but remains unmotivated by them, makes it implausible to be an internalist about moral goodness. As a result, internalists should restrict their claim to moral requirement judgements. I will then argue that this creates an explanatory burden for Internalism. In order for their view to be plausible they must explain why some moral judgements and not others are necessarily connected to motivation. (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)

The tripartite account of propositional, fallibilist knowledge that p as justified true belief can become adequate only if it can solve the Gettier Problem. However, the latter can be solved only if the problem of a successful coordination of the resources (at least truth and justification) necessary and sufficient to deliver propositional, fallibilist knowledge that p can be solved. In this paper, the coordination problem is proved to be insolvable by showing that it is equivalent to the ''''coordinated attack'''' problem, (...) which is demonstrably insolvable in epistemic logic. It follows that the tripartite account is not merely inadequate as it stands, as proved by Gettier-type counterexamples, but demonstrably irreparable in principle, so that efforts to improve it can never succeed. (shrink)

Both for Kant and for Nietzsche, aesthetics must not be considered as a systematic science based merely on logical premises but rather as a set of intuitively attained artistic ideas that constitute or reconstitute the sensible perceptions and supersensible representations into a new whole. Kantian and Nietzschean aesthetics are both aiming to see beyond the forms of objects to provide explanations for the nobility and sublimity of human art and life. We can safely say that Kant and Nietzsche used (...) the dualities of the beautiful/sublime and Apollonian/Dionysian to advocate their general philosophical worldview, and that the initial formation (in Observations and The Birth of Tragedy) and final dissolution (in the Critique of Judgment and Zarathustra and other later works) of these dualities are determined by the gradually established telos of their philosophical endeavor. Therefore, by observing the evolution of these so-called dualities, Kaplama gathers important clues as to how Kant’s and Nietzsche’s aesthetics transformed into different ways to affirm human art and life. On the one hand, Kaplama argues, the Dionysian came to be the heart and soul of Nietzschean aesthetics and ethics, and the Apollonian (or the formal drive of individuation) was reduced into a mere aesthetic criterion. On the other, Kant treats the sublime (which is originally an idea-producing feeling and/or judgment) as a mere appendix to his Critique of Judgment and aesthetic theory teleologically reducing it into its possible moral consequences. This is why Schopenhauer calls the sublime “by far the most excellent thing in the Critique of Judgment” which touches on the real problem of aesthetics very closely but does not provide a real solution for it. Kant’s forced teleological move is to make his theory of aesthetic judgment stand as a ‘reaffirmation’ of the earlier ethical justification he believed to have accomplished in the first two Critiques and the Groundwork where he defends an affirmation of human life through a teleological morality centered on the principle of free-will. In contrast, Nietzsche’s aesthetics (particularly the Dionysian) guides his ethics and metaphysics again through defining an ideal human nature without which ethos would be static and meaningless, lacking the ability to move and change and represent the tragic pathos of human life. (shrink)

Agnieszka Jaworska and Julie Tannenbaum recently developed the ingenious and novel person‐rearing account of moral status, which preserves the commonsense judgment that humans have a higher moral status than nonhuman animals. It aims to vindicate speciesist judgments while avoiding the problems typically associated with speciesist views. We argue, however, that there is good reason to reject person‐rearing views. Person‐rearing views have to be coupled with an account of flourishing, which will (according to Jaworska and Tannenbaum) be either a (...) species norm or an intrinsic potential account of flourishing. As we show, however, person‐rearing accounts generate extremely implausible consequences when combined with the accounts of flourishing Jaworska and Tannenbaum need for the purposes of their view. (shrink)

Many philosophers have adopted epistemic expressivism in recent years. The core commitment of epistemic expressivism is that epistemic claims express conative states. This paper assesses the plausibility of this commitment. First, we raise a new type of problem for epistemic expressivism, the epistemic motivation problem. The problem arises because epistemic expressivists must provide an account of the motivational force of epistemic judgment (the mental state expressed by an epistemic claim), yet various (...) features of our mental economy seem to show that they can’t do so. Second, we develop what we take to be the most promising response to that problem for expressivists. We end by noting that this response faces an important challenge pertaining to the psychology of epistemic criticism and praise. (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)

Radical skepticism about the external world is founded on two assumptions: one is that the mind and the external world are logically independent; the other is that all our evidence for the nature of that world consists of facts about our minds. In this paper, I explore the option of denying the epistemic, rather than the logical assumption. I argue that one can do so only by embracing externalism about justification, or, after all, by rejecting the logical (...) independence assumption. Since (I argue) externalism is not a solution to the problem of skepticism, this means that skepticism is false only if the mind and the world are not logically independent. (shrink)

While the Academic sceptics followed the plausible as a criterion of truth and guided their practice by a doxastic norm, so thinking that agential performances are actions for which the agent assumes responsibility, the Pyrrhonists did not accept rational belief-management, dispensing with judgment in empirical matters. In this sense, the Pyrrhonian Sceptic described himself as not acting in any robust sense of the notion, or as ‘acting’ out of sub-personal and social mechanisms. The important point is that the Pyrrhonian (...) advocacy of a minimal conception of ‘belief’ was motivated by ethical concerns: avoiding any sort of commitment, he attempted to preserve his peace of mind. In this article, I argue for a Cartesian model of rational guidance that, in line with some current versions of an agential virtue epistemology, does involve judgment and risk, and thus which is true both to our rational constitution and to our finite and fallible nature. Insofar as epistemic humility is a virtue of rational agents that recognise the limits of their judgments, Pyrrhonian scepticism, and a fortiori any variety of naturalism, is unable to accommodate this virtue. This means that, in contrast to the Cartesian model, the Pyrrhonist does not provide a satisfactory answer to the problem of cognitive disintegration. The Pyrrhonist thus becomes a social rebel, one that violates the norm of serious personal assent that enables the flourishing of a collaborative and social species which depends on agents that, however fallible, are accountable for their actions and judgments. (shrink)

Abstract The present paper examines the role of epistemic virtues in the formation of intellectual identity and its impact on improving our truth-seeking behaviors. A epistemic virtue is a special faculty or trait of a person whose operation makes that person a thinker, believer, learner, scholar, knower, cognizer, perceiver, etc., or causes his intellectual development and perfection, and improves his truth-seeking and knowledge-acquiring behaviours and places him on the path to attain understanding, perception and wisdom. Virtue epistemology is (...) a set of approaches in contemporary epistemology that regards knowledge as "a true belief arising from humans epistemic virtues." Virtue responsibilism and Virtue reliabilism are two important approaches to virtue epistemology that differ together in their attitude to the nature of epistemic virtue. Responsibilisms regards epistemic virtues as an acquired character traits that must be attained through practice and training with plenty of effort from the agent who possesses the will. In contrast, virtue reliabilisms considers epistemic virtues as reliable and innate cognitive faculties, and believes that this natural faculties has been placed in the human being from the very beginning and, if used in the appropriate condition and in a proper environment, is reliably truth-conducive. So virtue epistemology, which is distinguished from belief-based analytical epistemology by focusing on the cognitive character of the agent rather than the belief, regards epistemic virtues as the constructive factor of the epistemic agent and the condition of reaching the truth. From the two approaches of virtue reliabilism and virtue responsibilism, this paper focuses on the second approach and with using of the nine-fold virtues, that Jason Baehr posed, shows how to make epistemically good and thinker human by utilizing these virtues and avoiding the corresponding vices and through this, gained the truth in various epistemic areas. After explaining these virtues and their role in the two mentioned domains based on the virtue epistemology, the significance of this relationship in the view of Mulla Sadra as an example of Islamic philosophy is examined, For the reason that he sees knowledge as the produce of some factors that epistemic virtues is considered part of them. In the view of Sadra, epistemic virtues is the specific attributes and traits of reason faculty that their function causes man to be a very good and strong perciever, and their actual possesion or their gradual acquisition leads to the perfection of the soul and the dignity of human existence. In a new theory of soul-  Ph.D. Student of Islamic Philosophy and Theology, Qom University, Qom, Iran (Responsible author) [email protected]  Associate Professor of Islamic Philosophy and Theology, Qom University, Qom, Iran. [email protected]  Professor of Islamic Philosophy and Theology, Qom University, Qom, Iran. [email protected] 2/ Comparative Theology, Vol: 9, No: 19, Spring & Summer 2018 knowledge, he considers the journey of the soul from the outset as evolutionary journey, and, on the other hand, he considers all human activities directly as an activity of the soul (epistemic agent), which he performs through his own faculties. As a result, the soul is a increasing and evolving being, while at the same time acquiring knowledge is also from its own activities, and therefore the factors that make up the soul are also influential in its products. Now, as knowledge comes from soul exposure to the outside world, the more this soul is refined from pollutions and adorned to virtues, the better reflection from reality will be. Undoubtedly, the desire to engage in the process of truth-seeking and the responsible use of cognitive virtues and skills lead man to a desirable goal (recognition of truth) and forms his true intellectual identity. In the end, the paper suggests that because of the importance of epistemic virtues in the improvement of truth-seeking behaviors, educating and cultivating of these types of virtues should be part of the spoken and written course content of universities and schools, and must be proper critical thinking is institutionalized and strengthened in the spirit of community members. Educational resources contain a wide range of information that can deeply influence our epistemic behaviors and actions. Hence, it is necessary to include praised cognitive skills and epistemic virtues training in them. Teachers play an important role in educating and developing epistemic virtues as part of the formal curriculum content of educational centers, perhaps as part of critical thinking and logic courses. The formal education of epistemic virtues and the creation of opportunities for practicing and exercising them will be a good starting point for institutionalizing and developing admired cognitive skills among members of the community. In a society where individuals in their epistemic processes use their own cognitive virtues and organize their beliefs on their basis, the community itself and the social relations will also be virtuous, because the necessity of such an virtues is that individuals interact with their peers and In these interactions, rule virtue. Observing fairness towards others, intellectual humility, intellectual generosity, courage against miscreant and one who has weak arguments, observance of neutrality and other epistemic virtues, if it is to be found in societies as a habit and praised skill, then that society will be virtuous and its relations will be healthier and with the cultivating of those virtues, Intellectual and moral development will also become easier and more common. Intellectual virtues (or praised cognitive skills) should be taught to the community members, so that they display such characteristics when engaging in social activities, whean expressing opinions, when doing research, and so on. It is important to change our education policies, because the decay of praised cognitive skills leads to devastating consequences for intellectual identity and the truth-seeking and knowledgeacquiring behavior of the community members. (shrink)

The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The ascriptive legal (...) statements theory proposed by the Oxford School of Law (Herbert Hart, Joseph Raz, and others) serves as the core of contemporary legal positivism. This theory is based on the notion of defeasibility for legal responsibility without any moral reasoning. There, phenomena of law are interpreted as purely linguistic, not social constructions. Analysis of pure law language should provide all the needful tools to extract hidden meaning from any legal norm. This analysis does not require going beyond the legal language since it does not describe any real situations in the world, but merely expresses legal requirements, allowing to legally qualify some observed events. It completely eliminates any references to moral principles from the analysis of legal language. However the critical reconstruction theory of ascriptive legal statements shows limitations of the legal positivism’s analytical approach to the phenomena of law. The example of a fictitious legal collision offered demonstrates limitations of the legal positivism approach to the understand- ing of law phenomena. This collision is a complex conceptual mix of Frankfurt-style examples and imaginary situations in the Trolley Problem widely known in analytical ethics. It clearly demonstrates the possible paradox of a law judgment in situations where conditions for the recognition and cancellation of legal liability are the property of two different (not necessarily openly contradictory) legal norms. It can serve as a strong argument in favor of contemporary theories of natural law (Lon Fuller, John Finnis, Ronald Dworkin, and others), which questioned the possibility of creating a theory of pure law. They considered it senseless and impossible to draw any strict border between moral and legal norms. Immoral law cannot have the particular property of creating a moral obliga- tion to follow such like a law. Law cannot be built on legality only, and the answers to all significant legal questions should be found in moral theories. (shrink)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral (...) by moral parasites to its philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)