This paper aims to discern the limits of the highly influential Incorporation Thesis to give proper weight to our sensuous side in Kant’s theory of moral action. I first examine the view of the faculties underpinning the theory, which allows me to outline the passage from natural to rational action. This enables me to designate the factors involved in actual human agency and thereby to show that, contrary to what the Incorporation Thesis may tempt one to believe, (...) we do not always act on maxims. The result is a revised and more balanced view of how Kant sees the character of moral life. (shrink)

The aim of this thesis is to advance a philosophically justifiable account of Artificial Moral Agency (AMA). Concerns about the moral status of Artificial Intelligence (AI) traditionally turn on questions of whether these systems are deserving of moral concern (i.e. if they are moral patients) or whether they can be sources of moral action (i.e. if they are moral agents). On the Organic View of Ethical Status, being a moral patient is a (...) necessary condition for an entity to qualify as a moral agent. This view claims that because artificial agents (AAs) lack sentience, they cannot be proper subjects of moral concern and hence cannot be considered to be moral agents. I raise conceptual and epistemic issues with regards to the sense of sentience employed on this view, and I argue that the Organic View does not succeed in showing that machines cannot be moral patients. Nevertheless, irrespective of this failure, I also argue that the entire project is misdirected in that moral patiency need not be a necessary condition for moral agency. Moreover, I claim that whereas machines may conceivably be moral patients in the future, there is a strong case to be made that they are (or will very soon be) moral agents. Whereas it is often argued that machines cannot be agents simpliciter, let alone moral agents, I claim that this argument is predicated on a conception of agency that makes unwarranted metaphysical assumptions even in the case of human agents. Once I have established the shortcomings of this “standard account”, I move to elaborate on other, more plausible, conceptions of agency, on which some machines clearly qualify as agents. Nevertheless, the argument is still often made that while some machines may be agents, they cannot be moral agents, given their ostensible lack of the requisite phenomenal states. Against this thesis, I argue that the requirement of internal states for moral agency is philosophically unsound, as it runs up against the problem of other minds. In place of such intentional accounts of moral agency, I provide a functionalist alternative, which makes conceptual room for the existence of AMAs. The implications of this thesis are that at some point in the future we may be faced with situations for which no human being is morally responsible, but a machine may be. Moreover, this responsibility holds, I claim, independently of whether the agent in question is “punishable” or not. (shrink)

The main aim of this thesis is to defend moral realism. In chapter 1, I argue that moral realism is best understood as the view that moral sentences have truth-value, there are moral properties that make some moral sentences true, and moral properties are not reducible to non- moral properties. Realism is contrasted with non-cognitivism, error-theory and reductionism, which, in brief, deny, and, respectively. In the introductory chapter, it is also argued that (...) there are some prima facie reasons to assume that non-cognitivism and error-theory are erroneous. In chapters 2 and 3, I suggest that the two main forms of reductionism, analytic and synthetic reductionism, are mistaken. In chapter 4, I argue that the considerations in the previous chapters in relation to non-cognitivism, error-theory and reductionism provide support to moral realism. It is also suggested that these considerations make it plausible to hypothesise that moral properties depend on non- moral properties in a way I refer to as ‘the realist formula’. The realist formula confirms moral realism since it implies that moral properties are not reducible to non- moral properties. In chapters 5, 6 and 7, I argue that moral realism, much owing to the realist formula, is able to explain significant meta-ethical issues regarding moral disagreement, moral reason and moral motivation. Among other things, externalism concerning moral motivation is defended. The explanatory value of moral realism in relation to these meta-ethical issues is taken to suggest that this view is preferable to non-cognitivism, error-theory and reductionism. Some of the meta-ethical issues discussed in these chapters, particularly moral disagreement and motivation, have been thought to provide support to non-cognitivism and error-theory. I maintain that since realism, unlike reductionism, is able to counter these arguments, it justifies us in upholding the view that moral sentences have truth-value and the view that there are moral properties. In chapter 8, various objections against realism with regard to the dependence of moral properties on non- moral properties are responded to. In chapter 9, I consider an influential argument to the effect that moral properties are not involved in causal explanations. I maintain that this argument fails and that it therefore is reasonable to assume that moral properties are natural properties. However, the discussions in chapters 8 and 9 also suggest that moral realism might face problems that cannot be thoroughly discussed in this thesis. (shrink)

The aim of the paper is to investigate the relations between the basic moral categories, namely those of norms, ideals and supererogation. The subject of discussion is, firstly, the ways that these categories are understood; secondly, the possible approaches towards moral acting that appear due to their use; and thirdly, their relationship within the moral system. However, what is of a special importance here is the relationship between the categories of norms and ideals (or in a wider (...) aspect — laudable acts) and a thesis about their complementary character. For it seems that the omission of one of the elements that are analysed within a moral system must result in an essential limitation of both the possibilities of finding an adequate approach to a given moral problem (on a descriptive level), as well as defining the full set of normative guidelines. Therefore, as I shall argue, resigning from a two-level method of moral analysis may lead to the atrophy of the very idea of ethics itself. (shrink)

ABSTRACT The philosophical tradition approaches to morals have their grounds predominantly on metaphysical and theological concepts and theories. Among the traditional ethics concepts, the most prominent is the Divine Command Theory (DCT). As per the DCT, God gives moral foundations to the humankind by its creation and through Revelation. Morality and Divinity are inseparable since the most remote civilization. These concepts submerge in a theological framework and are largely accepted by most followers of the three Abrahamic traditions: Judaism, Christianity, (...) and Islam: the greatest part of the human population. Holding faith and Revelation for its grounds, the Divine Command Theories are not strictly subject to the demonstration. The opponents to the Divine Command conception of morals, grounded in the impossibility of demonstration of its metaphysical and religious assumptions, have tried for many centuries (albeit unsuccessfully) to devalue its importance. They held the argument that it does not show material evidence and logical coherence and, for this reason, cannot be taken into account for scientific nor philosophical purposes. It is just a belief and, as so, should be understood. Besides these extreme oppositions, many other concepts contravene the Divine Command theories, in one or another way, in part or in full. Many philosophers and social scientists, from the classic Greek philosophy up to the present date, for instance, sustain that morality is only a construct, and thus culturally relative and culturally determined. However, this brings many other discussions and imposes the challenge to determine what is the meaning of culture, which elements of culture are morally determinant, and finally, what are the boundaries of such relativity. Moral determinists claim that everything related to human behavior, including morality, is determined, once free will does not exist. More recently, modern thinkers argued that there is a strict science of morality. However, the scientific method alone, despite explaining several facts and evidence, cannot enlighten the entire content and full meaning of ethics. Morals’ understanding requires a broader perception, and an agreement among philosophers, which they have never achieved. All of these questions have many different configurations depending on each philosophical strand, and start complex analysis and endless debates, as long as many of them are reciprocally conflictive. The universe and the atmosphere involving this thesis are the dominions of all these conceptual conflicts, observed from an objective and evolutionary standpoint. Irrespective of this circumstance and its intrinsic importance, however, these questions are far distant from the methodological approach of an analytical discussion on objective morals, what is, indeed, the aim and scope of this work. We should briefly revisit these prominent traditional theories because this thesis shelters a comparative study, and its assumptions at least differ profoundly from all traditional theories. Therefore, it becomes necessary offering direct and specific elements of comparison to the reader, for the right criticism, dispensing interruptive researches. However, even revisiting the traditional theories, for this comparative and critical exposure purpose, they will be kept by the side of our main concerns, as “aliena materia.” Irrespective of the validity of any or all of the elements of this discussion, and their meaning as the philosophical universe of this thesis, the purpose of this work is demonstrating and justifying the existence and meaning of prehistoric moral archetypes arisen directly from the very first social needs and efforts for survival. These archetypes are the definition of the essential foundation of ethics, its aggregation to the collective unconscious and corresponding logic organization and transmission to evolutionary stages of the human genome and different relations space-time, irrespective of any contemporary experience of the individuals. The system defined by these archetypes composes an evolutionary human social model. Is this a metaethical position? Yes, it is. Moreover, as in any metaethical reasoning, we should look carefully for the best and coherent routes, as the Analytical Philosophy offers them. Thus, this work should reasonably demonstrate that morals are not a cultural product of the civilized men or modern societies and that despite being subject to several cultural relative aggregations and subtractions, its essential foundations are archetypal and have never structurally changed. This reasoning induces that morality is an original attribute of the “homo sapiens”; it is not a property and nor an accident: it integrates the human essence and belongs to the realm of the ontological human identity. The human phenomena is a continuing process, playing its role between random determination and free will, and we need to question how morality began and how did it come to us in the present. (shrink)

Why should moral philosophers, moral psychologists, and machine ethicists care about computational complexity? Debates on whether artificial intelligence (AI) can or should be used to solve problems in ethical domains have mainly been driven by what AI can or cannot do in terms of human capacities. In this paper, we tackle the problem from the other end by exploring what kind of moral machines are possible based on what computational systems can or cannot do. To do so, (...) we analyze normative ethics through the lens of computational complexity. First, we introduce computational complexity for the uninitiated reader and discuss how the complexity of ethical problems can be framed within Marr’s three levels of analysis. We then study a range of ethical problems based on consequentialism, deontology, and virtue ethics, with the aim of elucidating the complexity associated with the problems themselves (e.g., due to combinatorics, uncertainty, strategic dynamics), the computational methods employed (e.g., probability, logic, learning), and the available resources (e.g., time, knowledge, learning). The results indicate that most problems the normative frameworks pose lead to tractability issues in every category analyzed. Our investigation also provides several insights about the computational nature of normative ethics, including the differences between rule- and outcome-based moral strategies, and the implementation-variance with regard to moral resources. We then discuss the consequences complexity results have for the prospect of moral machines in virtue of the trade-off between optimality and efficiency. Finally, we elucidate how computational complexity can be used to inform both philosophical and cognitive-psychological research on human morality by advancing the moral tractability thesis. (shrink)

Our aim here is to explore the prospects of a relativist response to moral debunking arguments. We begin by clarifying the relativist thesis under consideration, and we explain why relativists seem well-positioned to resist the arguments in a way that avoids the drawbacks of existing responses. We then show that appearances are deceiving. At bottom, the relativist response is no less question-begging than standard realist responses, and – when we turn our attention to the strongest formulation of the (...) debunking argument – the virtues of relativism turn out to be vices. (shrink)

While there is a vast philosophical literature exploring the conditions under which it is appropriate to hold individuals morally responsible for their actions, relatively little attention has been paid to the related question of which kinds of individuals merit these responsibility ascriptions. Under normal circumstances, typical adult human beings are held morally responsible for their behaviour but infants and nonhuman animals are not. In this thesis, I aim to account for this difference. That is, I aim to give an (...) analysis of the concept of moral agency. In Chapter One, I begin with a schema of moral agency, under which moral agents are characterised by the possession of certain abilities, enabling certain actions, for which certain responses are warranted. The literature on moral responsibility offers many ways of filling in these details, primarily by specifying the relevant agential abilities in terms of various responsibility conditions. My aim in this chapter is to offer a basic account, under which moral agents are characterised by the simplest possible abilities while still being appropriate targets of the relevant responses, such as praise and blame. I draw on the work of Nomy Arpaly, whose account of moral responsibility identifies the relevant ability as the ability to act out of good or ill will. I offer an analysis of this ability, under which basic moral agency is characterised by the ability to have desires about others’ mental states. In Chapter Two, I consider a range of alternative responsibility conditions offered by other philosophers, each of which appears to be necessary for moral agency. I argue that these conditions are not necessary for a basic account of moral agency. In Chapter Three, I move beyond basic moral agency to offer a more restrictive account that aims to capture other important aspects of our moral lives: the practice of justification and our ability to improve our moral character. I claim these aspects are underpinned by the use of moral reasons to guide our behaviour, and in contrast to moral motivation, this guidance is characterised by the ability to have beliefs about the desirability of actions. In Chapter Four, I aim to answer two questions: at what age do humans become moral agents, and are there any nonhuman animals who are moral agents. I draw on the work of Josef Perner, who offers a three-stage framework of the development of mental representation during childhood. I consider the conceptual coherence of this framework, its applicability to both accounts of moral agency developed in the thesis, and the empirical evidence that bears on the framework. As a result, I tentatively conclude that basic moral agency develops at around 18 months of age and may be present in a few species of nonhuman animal, whereas the more restrictive type of moral agency developed in Chapter Three develops no earlier than around 3.5 years of age and is restricted to human beings. (shrink)

Amartya Sen argues that for the advancement of justice identification of ‘perfect’ justice is neither necessary nor sufficient. He replaces ‘perfect’ justice with comparative justice. Comparative justice limits itself to comparing social states with respect to degrees of justice. Sen’s central thesis is that identifying ‘perfect’ justice and comparing imperfect social states are ‘analytically disjoined’. This essay refutes Sen’s thesis by demonstrating that to be able to make adequate comparisons we need to identify and integrate criteria of comparison. (...) This is precisely the aim of a theory of justice (such as John Rawls’s theory): identifying, integrating and ordering relevant principles of justice. The same integrated criteria that determine ‘perfect’ justice are needed to be able to adequately compare imperfect social states. Sen’s alternative approach, which is based on social choice theory, is incapable of avoiding contrary, indeterminate or incoherent directives where plural principles of justice conflict. (shrink)

This paper aims to redefine the philosophy of morality and ethics through the lens of justice, positing justice as the primary determinant of moral and immoral actions. Traditional ethical frameworks such as deontology, utilitarianism, and virtue ethics, although foundational, frequently fall short in grappling with the complexities and nuances of modern ethical dilemmas. A critical examination of these theories reveals their limitations and underscores the need for a more robust ethical framework. By positioning justice as the core principle, this (...) paper argues that morality itself should be defined through the concept of justice, rather than integrating justice as an auxiliary component. This approach ensures that ethical principles are applied consistently and equitably, providing a universal standard for moral judgment. The analysis of classical ethical dilemmas, such as the Trolley Problem, illustrates the inherent conflicts within traditional theories and highlights the superiority of a justice-centered approach. The redefinition of morality through justice addresses the shortcomings of existing frameworks and offers a comprehensive solution to modern ethical challenges. This paper concludes that a justice-centric ethical philosophy not only aligns with contemporary societal values but also promotes a more just, empathetic, and sustainable world. (shrink)

How should we understand the notion of moral objectivity? Metaethical positions that vindicate morality’s objective appearance are often associated with moral realism. On a realist construal, moral objectivity is understood in terms of mind-, stance-, or attitude-independence. But realism is not the only game in town for moral objectivists. On an antirealist construal, morality’s objective features are understood in virtue of our attitudes. In this paper I aim to develop this antirealist construal of moral objectivity (...) in further detail, and to make its metaphysical commitments explicit. I do so by building on Sharon Street’s version of “Humean Constructivism”. Instead of the realist notion of attitude-independence, the antirealist account of moral objectivity that I articulate centres on the notion of standpoint-invariance. While constructivists have been criticized for compromising on the issue of moral objectivity, I make a preliminary case for the thesis that, armed with the notion of standpoint-invariance, constructivists have resources to vindicate an account of objectivity with just the right strength, given the commitments of ordinary moral thought and practice. In support of this thesis I highlight recent experimental findings about folk moral objectivism. Empirical observations about the nature of moral discourse have traditionally been taken to give prima facie support to moral realism. I argue, by contrast, that from what we can tell from our current experimental understanding, antirealists can capture the commitments of ordinary discourse at least as well as realists can. (shrink)

The advocates of moral perception claim that we can literally perceive moral properties such as goodness and badness. One of the objections to the thesis of moral perception is that since we are not able to causally interact with moral properties and these properties are causally inert, thus they do not fall into the scope of our perception. In reply, the advocates propose different solutions: 1) moral properties supervene on natural properties, 2) moral (...) properties are secondary natural properties, and 3) moral properties are non-secondary natural properties. Each of these proposals aims to attack a different premise of the objection. In this paper, I am going to propose the thesis that assuming that moral properties are grounded in natural properties, Wilsonian grounding can be a new reply to this objection. I will try to explain how Alastair Wilson’s account of grounding, in addition to a grounding thesis about the relation between moral and natural properties, can prevent accidence without setting moral properties aside from perceptual scope. (shrink)

In his recent work, "The Collapse of the Fact-Value Dichotomy," Hilary Putnam traces the history of the fact-value dichotomy from Hume to Stevenson and Logical Positivism. The aim of this historical reconstruction is to undermine the foundations of the dichotomy, showing that it is of a piece with the dichotomy - untenable, as we know now - of "analytic" and "synthetic" judgments. Putnam's own thesis is that facts and values are "entangled" in a way that precludes any attempt to (...) draw a sharp distinction between "value judgments" and "matters of fact." The idea of an "entanglement of facts and values" Putnam rightly attributes to John Dewey, who - we should add - made of it the main issue in his controversy with Logical Positivism. Nevertheless, a closer inspection of the problem whose history Putnam summarizes could bring into light important aspects of it that have been neglected. It is worth reading in this connection the intercourse between Dewey and Stevenson. Secondly, it is striking that Putnam's version of the history of the fact-value dichotomy hardly mentions the problem that caused this very dichotomy to arise in the first place: i. e., the problem of insoluble moral disagreements. By contrast, Dewey's attack on the dualism of fact and value can be read as an attempt to redescribe this kind of disagreements in a way that makes room for intelligent inquiry, and consequently for rational expectations of agreement. The "entanglement thesis" surely is a part of this re-description. But then it must have implications - particularly for the analysis of value-justification - which are overlooked, or by-passed, by Putnam. This leaves the question open whether Putnam and Dewey subscribe to different versions of pragmatism with regard to norms and values. (shrink)

In recent years, several philosophers - including Joshua Gert, Douglas Portmore, and Elizabeth Harman - have argued that there is a sense in which morality itself does not treat moral reasons as consistently overriding.2 My aim in the present essay is to develop and extend this idea from a somewhat different perspective. In doing so, I offer an alternative way of formalizing the idea that morality is modest about the weight of moral reasons in this way, thereby making (...) more explicit the connections between this thesis and similar issues in the epistemic sphere. In addition, I discuss how these ideas can transform our thinking about familiar questions in ethics such as the nature of self-effacement, the significance of reflective endorsement, the weight that moral reasons ought to be given in all things consideration, and the plausibility of “indirect” moral theories. Finally, I show that these ideas are compatible even with pictures of morality – such as Kant’s – on which morality might seem to anything but modest about its own importance. In doing so, I stress that it is possible to see morality as modest about the weight of specifically moral reasons, while also seeing all practical reasons as grounded in morality more indirectly – namely, by seeing morality as determining the weight that both moral and non-moral considerations deserve to have in all things considered deliberation. (shrink)

It is astonishing that we humans are able to have, act on and express moral beliefs. This dissertation aims to provide a better philosophical understanding of why and how this is possible especially when we assume metaethical expressivism. Metaethical expressivism is the combination of expressivism and noncognitivism. Expressivism is the view that the meaning of a sentence is explained by the mental state it is conventionally used to express. Noncognitivism is the view that the mental state expressed by a (...) moral sentence is a noncognitive, desire-like state. The central question of this dissertation is this: "How can metaethical expressivists explain that we are able to express moral beliefs?" The shortest answer this dissertation will give is the following: "by becoming `dispositional expressivists´." Dispositional expressivists hold that moral beliefs are dispositions to be in certain mental states that resemble desires. More precisely, a central thesis of this study is that to hold a moral belief is to be disposed to be in a desire-like, noncognitive state where this state has some specific structure. This dissertation arrives at and justifies this thesis by making a number of steps. It starts with preparing the ground by developing a general theory of what it is for a sentence to express a mental state. Roughly, this theory states that for a sentence to express a mental state is for that sentence to be conventionally used to perform a speech act which counts as sincere only if the user or speaker is in that mental state. This theory of expressing satisfies all the constraints that must be satisfied for it to be compatible with the purposes of metaethical expressivism. The next step is to provide a solution to the most notorious semantic problem confronting metaethical expressivism, the problem of explaining how sentences containing moral words can have compositional meaning and stand in logical relations also known as the Frege-Geach or embedding problem. Building on the research of Mark Schroeder, a new expressivist semantics, called `Attitude Semantics´, will be developed for a first-order language. The motivating idea underlying attitude semantics is that expressivists can avoid the problematic feature of so-called `biforcation´ if they treat the structures of the mental states expressed by moral sentences as well as that expressed by non-moral sentences as being isomorphic. In order to give those structures a philosophically interesting interpretation, it will be suggested that we treat sentences as expressing dispositional states. As a toy example we will treat the sentence `murder is wrong´ as expressing the disposition to be for blaming for murder. After dealing with the Frege-Geach problem, I turn to the metaethical expressivists' project of quasi-realism. Two major goals of this project are to explain how moral sentence can be truth-apt and how the states expressed by them can be regarded as moral beliefs. In order to establish those goals I critically examine a number of theories of truth-aptness by providing counterexamples to them. I then present my own theory which says that a sentence is truth-apt iff and because there is a conventional way to use it to express a belief. What is new about this theory is that it treats expressing a belief as being explanatorily more basic than being truth-apt. Belief, according to this theory, explains truth-aptness, not vice versa. This has the important consequence that it shows that what I call the `orthodox strategy´ of quasi-realists is mistaken and needs to be inverted: expressivists must `earn the right´ to moral belief before they can establish that moral sentences are truth-apt, and not the other way round. The second part of this dissertation is then concerned with the question of what it is to hold a moral belief and how they can figure in rational reasoning. In short: it is concerned with earning the right to moral belief. After discussing the major problems confronting a noncognitivist theory of belief, most importantly what I call the `tightrope problem´, I argue for a dispositional form of noncognitivism about moral belief that combines elements from Eric Schwitzgebel's dispositionalism about belief and Sebastian Köhler's `conceptual role expressivism´. This dispositional noncognitivism perfectly matches and justifies the dispositionalist interpretation of the expressivist semantics developed before. In order to fully earn the right to moral belief, however, metaethical expressivists must also deal with several epistemological objections concerning the rationality of moral belief. The first objection I deal with comes from Derek Baker and is directed against Mark Schroeder's specific development of expressivism. I deal with this objection because my own theory bears close resemblance to Schroeder's theory and so it might be worried that it confronts the same issues. Fortunately, we will see that Baker's objection rest on a number of mistaken assumptions and so neither applies to Schroeder's expressivism nor to the version which I defend in this study. The other epistemological objection to metaethical expressivism I deal with is Cian Dorr's famous wishful-thinking objection. In contrast to previous replies to this objection I attack it by directly questioning the central assumption on which it rests, namely that reasoners can never be justified in basing a factual belief on a desire-like state. I argue that this is false, and that under certain conditions reasoning from desire-like mental states to factual beliefs is justified. My argument shows that even if holding a moral belief is being in a desire-like noncognitive state, basing factual belief on a moral belief can give one an epistemic reason for the factual belief. Hence, even if moral thoughts are wishes, moral thinking is not wishful thinking. I take my arguments to earn the dispositional expressivist the right to moral belief. By the previously defended theory of truth-aptness in terms of belief, this allows the dispositional expressivists to conclude that moral sentences are also truth-apt. This finishes the quasi-realist project of this dissertation. In the last part of this dissertation I switch gears and present two unnoted problems for metaethical expressivists having to do with explaining moral motivation. Both arguments are surprisingly simple. The first one is this: if motivation requires a belief as well as a desire (Humeanism), and moral judgments motivate by themselves (internalism), then moral judgments cannot be desires only. If this argument is sound, it shows that the famous `motivation argument´ not only entails the falsity of cognitivism, but also the falsity of noncognitivism. The second argument is the following: moral judgments when combined with suitable external desires motivate to act (externalism), but if motivation requires belief as well as desire (Humeanism), then moral judgments cannot be desires only. I discuss several ways in which noncognitivists might want to deal with those problems, but leave it as an open question whether those solutions will ultimately be viable. Overall, this dissertation makes serious contributions to the research program of metaethical expressivism. It makes proposals for how to solve a number of notorious problems, such as the Frege-Geach problem in semantics and the wishful-thinking problem in epistemology. Besides this, however, it also raises two new problems for metaethical expressivism in the philosophy of action. For those reasons this dissertation will be of interest for anyone who wants to defend or criticize expressivism in metaethics, and more generally, anyone who wants to better understand our astonishing ability to express moral beliefs. (shrink)

Introduction -/- 1 Précis -/- 2 Methodology: Introducing digital humanities to the history of philosophy 2.1 Introduction 2.2 Core constructs 2.3 Operationalizing the constructs 2.4 Querying the Nietzsche Source 2.5 Cleaning the data 2.6 Visualizations and preliminary analysis 2.6.1 Visualization of the whole corpus 2.6.2 Book visualizations 2.7 Summary -/- Nietzsche’s Socio-Moral Framework -/- 3 From instincts and drives to types 3.1 Introduction 3.2 The state of the art on drives, instincts, and types 3.2.1 Drives 3.2.2 Instincts 3.2.3 Types (...) 3.3 The semantic neighborhood of drive, instinct, and type 3.4 A theory of (the relations among) instincts, drives, and types 3.4.1 Drives are act-directed rather than outcome-directed dispositions 3.4.2 The reflexive turn in Nietzsche’s drive psychology 3.4.3 Triggers of drive-displacement 3.4.4 Instincts are innate drives 3.4.5 Types are constellations of instincts and other drives 3.4.6 To what extent are types, instincts, and drives fixed? 3.5 Summary -/- 4 From types to virtues 4.1 Introduction 4.2 The state of the art on virtues and values 4.2.1 Virtues 4.2.2 Values 4.3 The semantic neighborhood of virtue and value 4.4 On (the relations among) instincts, drives, types, values, virtues, and values 4.4.1 Virtues are well-calibrated drives 4.4.2 Nietzsche’s type-relative unity of virtue thesis 4.4.3 The type of the criminal 4.4.4 Nietzschean exemplarism and his ad hominem attacks 4.5 Summary -/- 5 Socializing Nietzschean virtues 5.1 Introduction 5.2 Higher-order types 5.2.1 Social character construction 5.2.2 Reflexive character construction 5.3 Eponymous trait terms and Nietzschean summoning 5.3.1 Eponymous trait terms 5.3.2 Nietzschean summoning 5.4 Summary -/- Nietzschean virtues -/- 6 Curiosity 6.1 Introduction 6.2 Curiosity in virtue epistemology 6.3 Curiosity and its affiliated emotions 6.4 Curiosity, perspectivism, and inquiry 6.5 Curiosity as a virtue 6.5.1 A preliminary characterization 6.5.2 Curiosity in the middle through late works 6.6 Summary -/- 7 Courage 7.1 Introduction 7.2 Intellectual courage in contemporary virtue epistemology 7.3 Courage as a virtue 7.3.1 A preliminary characterization 7.3.2 Courage in the middle through late works 7.4 Summary -/- 8 Pathos of distance 8.1 Introduction 8.2 Contempt and disgust in contemporary moral psychology 8.3 The semantic neighborhood of contempt, disgust, and the pathos of distance 8.4 Nietzsche on contempt 8.4.1 Spernere mundum 8.4.2 Spernere neminem 8.4.3 Spernere se ipsum 8.4.4 Spernere se sperni 8.4.5 Nietzsche aims to induce what he considers fitting contempt in receptive readers 8.5 Nietzsche on disgust 8.5.1 The use of disgust: detaching from an ideal 8.5.2 The danger of disgust 8.6 The pathos of distance 8.7 Prospects for a Nietzschean democratic ethos 8.8 Summary -/- 9 Sense of humor 9.1 Introduction 9.2 The semantic neighborhood of laughter, humor, and comedy 9.3 The Nietzschean sense of humor and its functions 9.3.1 From episodic laughter to the sense of humor 9.3.2 Affirmation and inquiry 9.3.3 Negation and inquiry 9.3.4 Affiliation with like-minded inquirers 9.4 Summary -/- 10 Solitude 10.1 Introduction 10.2 Solitude in virtue theory and Nietzsche scholarship 10.3 The semantic neighborhood of solitude 10.4 An account of Nietzschean solitude 10.5 Summary -/- Conclusion -/- 11 Conscience & integrity 11.1 Introduction 11.2 Conscience and integrity in contemporary moral psychology and Nietzsche scholarship 11.2.1 Conscience and integrity in contemporary moral psychology 11.2.2 Conscience and integrity in Nietzsche commentary 11.3 The semantic neighborhood of conscience and integrity 11.4 Distinguishing conscience, good conscience, bad conscience, and intellectual conscience 11.4.1 Conscience 11.4.2 Good conscience 11.4.3 Bad conscience 11.4.4 Intellectual conscience and integrity 11.5 Summary -/- 12 Prospectus 12.1 Future directions in moral psychology 12.2 Future directions in Nietzsche scholarship 12.3 Future directions in digital humanities and the history of philosophy . (shrink)

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

Some philosophers have been attracted to the idea that morality is an autonomous domain. One version of this idea is the thesis that non-moral claims are irrelevant to the justification of fundamental normative ethical theories. However, this autonomy thesis appears to be in tension with a pair of apparent features of metaethical theorizing. On one hand, metaethics seemingly aims to explain how morality fits into our broader conception of the world. On the other, metaethical theorizing appears to (...) have potential normative ethical implications. This apparent tension may help to explain some contemporary worries about metaethics as a philosophical project. This paper examines three responses to this tension. The first response seeks to resolve the tension by claiming that metaethical theories must be neutral between normative ethical theories. The second response seeks to eliminate the tension by appealing to a deep divide between practical and theoretical reasoning. I show that each of these responses would require a radical reconception of metaethics. I argue that such a reconception is not required in order to resolve the apparent tension between metaethics and the autonomy thesis. I show that this tension is merely apparent, and can be dissolved without casting doubt on metaethics as a project. I argue that on the picture that results, whether the autonomy thesis is true itself depends upon metaethical fact. (shrink)

We are subject to many different norms telling us how to act, from moral norms to etiquette rules and the law. While some norms may simply be ignored, we live under the impression that others matter for what we ought to do. How can we make sense of this normative authority some norms have? Does it fit into our naturalist worldview? Many philosophers claim it does not. Normativity is conceived to be distinct from ordinary natural properties, making it mysterious. (...) The mystery fuels a radical yet prominent scepticism about the existence of normative properties: if they are too strange to actually exist, there is nothing we ought to do. Some take this to mean, moreover, that nothing is morally right or wrong. We must critically examine the ideas behind these theories, which put both morality and normativity in general on the line. -/- The aim of this thesis is to unravel the mystery of normativity. It uncovers and objects to the influential non-natural conception of it, arguing that we can capture normativity with natural properties. In particular, it explores how the authority of norms can be explained by the commitments of the people subject to them. In connection to this, it challenges the conceptual claim behind the view that all moral judgements are mistaken. Finally, it reveals that treating morality as a mere fiction has revolutionary practical implications. This emphasises the importance of the overall conclusion: we need not conceive of either moral or normative properties as too mysterious to exist. (shrink)

In recent years, philosopher Jeff McMahan has solidified an influential view that moral desert is irrelevant to the ethics of self-defense. This work aims to criticize this view by demonstrating that there are cases in which moral desert has a niche position in determining whether it may be permissible to kill a person in self- (or other-)defense. This is done by criticizing McMahan’s Responsibility Account of liability as being overly punitive against minimally responsible threateners (MRTs), and by demonstrating, (...) through reference to Saba Bazargan’s Hybrid Account of liability to defensive harm, that further justification than mere liability is necessary in the justification of killing these kinds of threateners. It is also argued that other kinds of justifications like lesser-evil justifications are not necessarily strong enough to justify killing MRTs, even on top of established liability. This paper puts forward the view that, where a strong enough moral difference between threatener and innocent victim cannot be established, a justification on the basis of the implications of prior moral acts might, on some occasions, give us reasons to kill or not kill MRTs in self-defense. (shrink)

A liberalism which scorns all individualism is fundamentally misguided. This is the chief thesis of this paper. To argue for it, I look closely at some key concepts. The concepts of morislity and individualism are crucial. I emphasize Dewey on the "individuality of the mind" and a Deweyan discussion of language, communication, and community. The thesis links individualism and liberalism, and since appeals to liberalism have broader appeal in the present context of discussions, I start with consideration of (...) liberalism. The aim is to dispute overly restrictive conceptions and explore a broader perspective. To bring the argument to a close, attention turns first to Dewey on value inquiry, to Dewey's "democratic individualism" (cf. Dewey 1939, 179), and to the concept of moral community. Disputing the acquisitiveness of utilitarian influences in classical liberalism, a Deweyan argument from the nature of moral community supports re-emphasis on individualism in contemporary liberal thought. (shrink)

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

In this dissertation, I consider a hitherto underexplored concept of ‘human minimum’ as proposed by H. Odera Oruka to obligate responsibility as an approach to tackling extreme poverty in Africa and beyond. I aim to establish, among other things, why it is morally problematic and economically counterproductive to demand equal moral responsibility from all moral agents irrespective of their economic differences to ensure the implementation of the human minimum or the elimination of extreme poverty. To achieve the aforementioned, (...) I attempt to answer two significant questions, to wit: What are some of the moral implications of ensuring that a society attains the human minimum as an approach to fighting extreme poverty? Who has a greater moral responsibility for ensuring the attainment of the human minimum between the government, non-governmental/nonprofit organisations, and individual members of society? In Oruka’s philosophy, enforcement of a global human minimum is the equal moral obligation of all moral agents—all those situated above the poverty line. I will demonstrate why ignoring the economic differences – and inequalities – of those who qualify as moral agents in Oruka’s conceptualisation of extreme poverty, particularly in continental Africa, risks plunging more of those who live a little above the human minimum threshold into poverty. I then argue that a disproportionate distribution of responsibility that is sensitive to the economic disparities that exist among the non-poor population holds a better promise for success in the fight against extreme poverty in Africa. (shrink)

In the last 70 years there has been an explosion of philosophical and theological work on the nature of virtue and the process of virtue formation. Yet philosophers and theologians have paid little attention to the phenomenon of temptation and its role in developing virtue. Indeed, little analytic work has been done on the nature of temptation. This study aims to fill this gap in moral philosophy and theology by offering an analytic moral conception of temptation and explicating (...) its connection to the development of virtue. This project deploys a new iteration of an older methodology of integrating philosophy and theology that may now appropriately be called “analytic moral theology.” In discerning the nature of temptation and its role in virtue formation, theological sources provide foundational guidance. Analytic moral philosophy provides illumination, coherence, and conceptual robustness to the theological foundation. The argument developed follows in the footsteps of John Hick’s soul-making theodicy by contending that the development of virtue requires a world that permits of experiences of temptation. This conclusion is substantiated by a close moral analysis of the nature of temptation that builds on key works done in philosophical moral psychology, philosophy of action, and philosophical theology. The emerging conceptualization of temptation is then compared and contrasted with the closely related moral phenomenon of akrasia and weakness of will, and finally interfaced with a neo- Aristotelian conception of virtue development. In the end, Thomas Aquinas’s understanding of infused virtue is employed as a theological test of the thesis and conditions the scope of the thesis. In light of this constructive analysis of the nature of temptation and its argument for temptation’s role in acquiring moral virtue, this project makes a contribution to philosophical Christian ethics. (shrink)

The article aims to discuss the suicide conceptions in the following works: Karl Marx’s Peuchet: vom Selbstmord (with “co-author” Jacques Peuchet), Émile Durkheim’s Le suicide and Sigmund Freud’s Trauer und melancolie. We can say that throughout the history of philosophy the theme was worked in two ways: as a moral and as an existential question. Discussions about suicide intensified between the late eighteenth and early nineteenth century. While many studies have focused on the moral consequences of suicidal act, (...) other researchers questioned about the nature of the forces that cross the individual to the point of self-extermination. In their conceptions, Marx, Durkheim and Freud avoided determinism and refused to associate suicide to the sin notion advocated by the Christian moral philosophy. However, this article supports the thesis that these three authors continued operating in the “morality axis” and presented suicide as a moral problem: it is precisely the moral that allows a theoretical enunciation about suicide and what sets them apart is, much more, a differentiated position in relation to moral than a radical innovation of the approach. (shrink)

This dissertation aims to look at the moral justification for war in a critical way so that we can better understand both the justice and morality of war. In contrast to natural disasters, war has historically been viewed as an extreme manifestation of human social failure. The vast majority of theorists who address the morality of war do so within the moral framework established by Just War Theory; a normative account of war that dates all the way back (...) to the Western Philosophical Tradition over 1500 years. Recent events in the conduct of wars around the world, however, have called into question the just war theory's relevance and applicability to contemporary wars. For instance, morality and virtue have had no place in society during recent wars. This work will examine several major theorists in the history of Western Just War Theory (St Thomas Aquinas and Augustine), demonstrating that the forefathers of Just War Theory did regard moral virtues and ethical principles as central to the morality of war. I will critically examine the concept of a just war through a discussion of various formulations of the realist and pacifist positions and argue that, while the just war tradition offers a reasonable alternative to either of these extremes, its glaring shortcomings (the theory's inability to address the rise of non-state actors such as al-Qaeda, the increasing availability of weapons of mass destruction, etc) should not be overlooked. Finally, I will argue that the theory of just war is obsolete, impractical, unrealistic, and flawed in the modern era, particularly if one wishes to maintain a moral constraint on war. (shrink)

Quine on Ethics: The Gavagai of Moral Discourse is the first comprehensive treatment of Quine’s brief yet memorable foray into ethics. It defends him against his most formidable critics, corrects misconceptions in the reception of his outlook on morality as a social institution and ethics as a philosophical enterprise, and restores emphasis on observationality as the impetus behind his momentous intervention in ethical theory. The central focus is on Quine’s infamous challenge to ethical theory: his thesis of the (...) methodological infirmity of ethics as compared with science. The ultimate aim is to demonstrate that the challenge is not only valid but also valuable insofar as it identifies opportunities for reformation in moral justification. (shrink)

Since the last century, determining the content of the law has been one of the main discussions of Jurisprudence. The Hart-Dworkin debate has dominated the discussion: to Hart, only social facts determine the content of the law; to Dworkin, it is necessary also to consider moral facts. There has been substantial progress in the debate in the last decades; nonetheless, it is far from settled. Mark Greenberg's idea about the epistemology of nonbasic domains and the tracking of their metaphysics (...) sheds light on the debate. The thesis of the present essay is that the Hart-Dworkin debate is held at different levels of discussion. Hart aims to answer what are the metaphysical foundations of the law. Dworkin seems to engage in academic activism about what ought to be the metaphysical foundations of the law. I argue that the idea of tracking the epistemic foundations of the law is only consistent with social facts being the determinants of the content of the law. Moral facts could be relevant but only mediated by social facts. (shrink)

The dissertation traces the development of what I call “the problem of partiality” through the work of certain key figures in the British Moralist tradition: John Locke, Catharine Trotter Cockburn, Anthony Ashley Cooper (the Third Earl of Shaftesbury), Francis Hutcheson, John Gay, David Hume, Joseph Butler, and Adam Smith. On the one hand, we are committed to impartiality as a constitutive norm of moral judgment and conduct. On the other hand, we are committed to the idea that it is (...) permissible, or even obligatory, to expend disproportionate resources promoting the good of our loved ones over the good of strangers. However, these two commitments conflict with one another. This problem challenges us to provide an account of the scope and limits of reasonable partiality that does justice to both commitments. I argue that confronting this tension is a central project of early modern ethics. I offer a rereading of the British Moralist tradition, centered on debates about partiality, and thereby shift discussion of the tradition away from concerns about meta-ethics and moral epistemology, to issues of practical ethics. The topic of partiality remains central in contemporary ethics, as is evident in ongoing debates about the place of empathy in moral judgment, and the role of love in shaping our moral commitments. Though the aim of the dissertation is not to settle questions about the scope and limits of reasonable partiality, the focus here remains fixed on how the concept of partiality was problematized in our ethical thought, and how it informs our discussions in normative ethics and moral psychology. Alongside building a bridge between early modern scholarship and recent work in ethics, the dissertation casts light on two understudied figures in the British Moralist tradition – Cockburn and Gay – who contributed greatly to debates about partiality. By examining their contributions, I reconsider their place in the history of modern ethics and therefore provide a more contextualized account of philosophical thought in the period. (shrink)

In this dissertation, I aim to develop and defend a novel, pragmatist approach to foundational questions about meaning, especially the meaning of deontic moral vocabulary. Drawing from expressivists and inferentialists, I argue that meaning is best explained by the various kinds of norms that govern the use of a vocabulary. Along with inferential norms, I argue we must extend our account to discursive norms that govern normative statuses required to felicitously utter certain speech-acts—norms of authority—and the transitions in normative (...) statuses affected by speech-acts—pragmatic norms. These structural discursive norms differentiate discursive practices and account for distinctive features such as objectivity and motivational import that some have and others lack. The structure exhibited by a practice is then explained in terms of its utility, making it possible to see how different discursive practices are answerable to the different needs and purposes of the discursive beings who use them. I call the resulting explanatory framework a pragmatic analysis of linguistic meaning (PALM). -/- Turning my attention to moral “ought,” I argue that the structural discursive norms of moral discourse differentiate it from other objective discourses, like empirical discourse, on the one hand, and from other normative discourses, like prudential discourse, on the other. Drawing on work in evolutionary psychology and anthropology, I complete the PALM with an account of moral discourse a meta-normative practice with a metacoordinative function. Its utility for the discursive beings who use it lies in its enabling them to remedy certain tensions and instabilities that arise in their other coordinative, normative practices in a way that minimizes the risk of domination by alpha-type freeriders, the fracturing of social groups, and individual defection from cooperative endeavors. -/- In the final two chapters, I leverage the account to defend a pragmatist-friendly notion of objectivity in terms of a structure of distributed epistemic authority according to which no claim within a practice is ultimately authoritative or immune from challenge and to reconcile this sense of objectivity with a persistent pressure toward a kind of relativism that restricts the standing to make moral claims to members of the relevant communities. (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)

Induced abortion continues to be a subject of ethical and moral debates, with the hope that reaching an agreement on what is deemed morally permissible will guide how the society ought to respond by legislating appropriate legal guidelines. The aim of this essay is to examine who constitutes moral privileges in society and more specifically, the criterion on which membership in the moral community is granted. In this paper, I will argue that membership to the human race (...) is not in itself a well supported proposition for accessing moral privileges, but rather, there must be a criterion which forms the basis of this differential treatment. I will endeavour to show that whatever this criterion is set to be, there will be a stage during pregnancy where the fetus will lack that attribute. It is by this deductive reasoning I will demonstrate that terminating pregnancy, before the fetus fulfills the criterion required for gaining moral privileges, is morally permissible. Holding any philosophical position on the debate inherits the burden to reason how that view will be translated in determining the legal status of abortion. For this, I will demonstrate how it follows that different rational individuals can have varying criterion for determining access to moral community, all of which must be respected by the legal practice. The only way to legally respect these gradation of criteria, and by extension the individual who sets them, is by making all cases of abortion legally permissible. (shrink)

The term “altruism” is used in many ways. In this thesis, I discuss altruism as a motivation, which is an influential notion in philosophy and the social sciences. Questions about the nature and the possibility of altruistic motivation have inspired much debate, both in academia and in everyday conversations. How can we know when we are truly altruistic and when we are merely helping others as a means to some egoistic goal? Are humans even capable of genuine altruistic motivation (...) or are we always egoistic deep down? Before answering questions like these, however, we need to ask a more fundamental question: how should we define altruistic motivation? The standard account of altruistic motivation in the literature defines it as an ultimate desire to increase the welfare of others. The central claim I will argue for in this thesis is that this standard account is intrinsically flawed and should be abandoned. -/- The problem with the standard account of altruistic motivation, in short, is its reliance on the notion of “ultimate desire”, which is a limited and unfruitful way of conceptualizing altruistic motivation. The criticism I propose is based on an interdisciplinary analysis of many aspects of the standard account, discussing its philosophical basis, its use in scientific research, its historical development, and its relation to common sense and morality. -/- This thesis is divided into four parts, each composed of two chapters. Part I presents the many technical accounts of altruism present in the scientific literature, distinguishing the standard account of altruistic motivation from alternative accounts of altruism. I discuss the hypotheses of psychological altruism, which states that some of our ultimate desires aim to increase the welfare of others, and psychological egoism, which states that all of our ultimate desires are egoistic. In this first part, I discuss some of the central philosophical concepts underlying the standard account of altruistic motivation, showing their implications for the debate about psychological altruism. -/- Part II discusses the main arguments for the existence of altruistic motivation. I argue that the main arguments in the scientific literature fail in making a defense of psychological altruism and that the definition of altruistic motivation makes the solution to the debate on psychological altruism virtually impossible. I conclude that the standard account makes altruistic motivation an unverifiable and unfruitful notion for scientific research. -/- Part III discusses the history of altruism and egoism, focusing particularly on early modern philosophy. I argue that the modern accounts of altruism and egoism diverge from the contemporary standard account of altruistic motivation. Reading the debates in modern philosophy through the lens of psychological altruism and psychological egoism oversimplifies and impoverishes the modern debate. I argue that the standard account also fails in representing the original use of “altruism”, proposed by Auguste Comte. In this third part, I show how the use of the standard account of altruistic motivation cannot be based on its historical foundations. -/- Finally, Part IV addresses the normative character of altruism and discusses some alternative ways of conceptualizing altruism. I argue that the standard account of altruistic motivation does not reflect the ordinary use of the term “altruism” and fails in accounting for its normative character. As an alternative, I propose an alternative account of altruism, virtue altruism. I claim that this account better reflects the ordinary intuitions about altruism, accommodates the descriptive and normative dimensions of altruism, is at home with most of the historical accounts of altruism, and may promote the active promotion of altruistic actions. (shrink)

This thesis provides a novel account of arrogance and applies it to both individuals and collectives. In Chapter 1, I introduce and summarise the main aims and contributions of the thesis and note its omissions. In Chapter 2, I introduce a variety of plausible examples of individual arrogance and survey extant philosophical accounts of the trait. I argue, contra two contemporary accounts, that arrogance is an essentially interpersonal vice. I also argue for the novel view that arrogance can (...) not only involve feelings of superiority to or uniqueness from others but also feelings of similarity. In Chapter 3, I elaborate a novel approach to arrogance, understood as principally involving making undue assumptions of license. I explain how this account can disaggregate moral and epistemic forms of arrogance and argue that even highly domain-specific manifestations of arrogance can be conceived of as character traits. In Chapter 4, I use the analysis developed in earlier chapters to assess how we should understand the arrogance of groups. I argue that claims of group arrogance found in the extant philosophical literature involve sub-agential groups that are not paradigmatic group agents. An account of collective arrogance that caters to such groups is therefore required. The chapter proceeds to argue that prominent approaches to collective epistemic vice do not adequately account for these cases. In Chapter 5, I aim to fill this gap in our understanding by offering a novel account of collective arrogance. I argue that the dispositions of sub-agential groups can be understood in terms of the social norms that operate within them; that social norms underlie the arrogant dispositions of putatively arrogant groups. I conclude, in Chapter 6, by summarising the thesis’ key contributions and considering some of the questions that they raise for future research. (shrink)

The aim of this work is to demarcate, develop, and defend the commitments and consequences of metaethical minimalism. Very roughly, this is the position that a commitment to objective moral truths does not require any accompanying ontological commitments. While there are few, if any, who call themselves “metaethical minimalists”, I endeavor to uncover existing articulations of metaethical minimalism which have been presented under different names, attempting to identify the common ground between them. As I interpret the position, all metaethical (...) minimalists are committed to the same positive pair of claims (what I call the Objectivity Thesis): “a) Moral truths are strongly mind-independent; b) there are moral truths.” Taken by itself, however, this pair of claims is not sufficient for differentiating their view from the moral realist’s. Consequently, the minimalist must also articulate that which they are denying about the non-minimalist approach, or what I call the “negative ontological thesis”. I offer my own version of this negative thesis and argue for its dialectical advantages. -/- In Chapters 3 and 4, I focus my attention on attacks on the viability of metaethical minimalism in the form of two “challenges” that aim to problematize a commitment to objective moral truths absent any accompanying ontological commitment. The big-picture takeaway from these chapters is that minimalism can defend itself by playing to the dialectical advantage I find for it in Chapter 2 as well as by being creative about minimalist constructions/reworkings of plausible principles/lines of reasoning that seem to contradict it. -/- The temptation to embrace quietism is strong among minimalists, but in Chapters 5, 6, and 7 I aim to show that there is a positive alternative available for the minimalist interested in developing a full picture of their position. Chapter 5 is aimed at providing an adequate understanding of the distinction between the objects of purely normative thoughts and objects of thoughts about reality. Building on this are Chapters 6 and 7, which argue in favor of an account of the relationship between emotion and evaluative knowledge that is consistent with metaethical minimalism. (shrink)

This thesis is an investigation into the nature of those abilities that are relevant to free will when the latter is understood as requiring the ability to do otherwise. I assume from the outset the traditional and intuitive picture that being able to do otherwise bestows a significant kind of control on an agent and I ask what kinds of ability are implicated in such control. In chapter 1 I assess the simple conditional analysis of the sense of ‘can’ (...) relevant to free will, and I agree with the consensus that this analysis fails. In chapter 2 I consider Kadri Vihvelin’s contemporary version of the conditional account, which is cast in terms of dispositions. I develop, via engagement with Vihvelin’s view, an account of how modal properties such as dispositions and abilities should be individuated. In chapter 3 I use this account to show why Vihvelin’s account of free will is unsatisfactory. I also show how it helps us to better understand a distinction that is often made in the free will literature, namely, that between some notion of ‘general’ ability on the one hand and a notion of ‘specific’ or ‘particular’ abilities on the other. I argue that there are two important distinctions, both of which are relevant to free will. In chapter 4 I consider Keith Lehrer’s analysis of ‘can’ and conclude that while it fails to achieve Lehrer’s stated aim – namely, that of demonstrating that free will is compatible with determinism – it does contain some useful insights about the kinds of ability relevant to free will. In the fifth and final chapter I switch gears somewhat; I argue that various conditions typically treated under the banner of ‘the epistemic criteria on moral responsibility’ should instead be treated as conditions on an agent’s being able to do otherwise. (shrink)

This paper aims to contribute to the current debate about the status of the “Ought Implies Can” principle and the growing body of empirical evidence that undermines it. We report the results of an experimental study which show that people judge that agents ought to perform an action even when they also judge that those agents cannot do it and that such “ought” judgments exhibit an actor-observer effect. Because of this actor-observer effect on “ought” judgments and the Duhem-Quine thesis, (...) talk of an “empirical refutation” of OIC is empirically and methodologically unwarranted. What the empirical fact that people attribute moral obligations to unable agents shows is that OIC is not intuitive, not that OIC has been refuted. (shrink)

This thesis defends utilitarianism: the view that as far as morality goes, one ought to choose the option which will result in the most overall well-being. Utilitarianism is widely rejected by philosophers today, largely because of a number of influential objections. In this thesis I deal with three of them. Each is found in Bernard Williams’s ‘A Critique of Utilitarianism’ (1973). The first is the Integrity Objection, an intervention that has been influential whilst being subject to a wide (...) variety of interpretations. In Chapter Two I give my interpretation of Williams’s Integrity objection; in Chapter Three I discuss one common response to it, and in Chapters Four and Five I give my own defence of utilitarianism against it. In Chapter Six I discuss a second objection: the problem of pre-emption. This problem is also found in Williams, but has received greater attention through the work of other authors in recent years. It suggests that utilitarianism is unable to deal with some of the modern world’s most pressing moral problems, and raises an internal tension between the twin utilitarian aims of making a difference and achieving the best outcomes. In Chapter Seven I discuss a third objection: that utilitarianism is insufficiently egalitarian. I find this claim to be unwarranted, in light of recent social science and philosophy. My responses to Williams’s objections draw upon resources from the socialist tradition – in particular, that tradition’s emphasis on the importance of social connections between individuals. Socialists have often been hostile to utilitarianism, in part for socialist-inflected versions of Williams’s objections. Thus, in responding to these objections I aim to demonstrate that socialist thought contains the means to defuse not only mainstream philosophy’s rejection of utilitarianism but also its own, and thus to re-open the possibilities for a productive engagement between the two traditions. (shrink)

We care what people think of us. The thesis that beliefs wrong, although compelling, can sound ridiculous. The norms that properly govern belief are plausibly epistemic norms such as truth, accuracy, and evidence. Moral and prudential norms seem to play no role in settling the question of whether to believe p, and they are irrelevant to answering the question of what you should believe. This leaves us with the question: can we wrong one another by virtue of what (...) we believe about each other? Can beliefs wrong? In this introduction, I present a brief summary of the articles that make up this special issue. The aim is to direct readers to open avenues for future research by highlighting questions and challenges that are far from being settled. These papers shouldn’t be taken as the last word on the subject. Rather, they mark the beginning of a serious exploration into a set of questions that concern the morality of belief, i.e., doxastic morality. (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

The principal aim of the thesis is to develop a developmental account of conscious experience. In this account, the objective is to understand and explain the phenomenal experience of newborns and pre-linguistic infants. The question that guides the investigation concerns the phenomenality of babies' experiences: what is it like to be a baby? There are some crucial philosophical issues that any account of the nature of infant consciousness must face: the ontology of early conscious states; the epistemic status of (...) infants' experiences; the content of infants' experiences. The thesis addresses how we evolve as conscious beings from early states of life until we become full self-conscious beings who are morally responsible for our actions. The thesis involves four chapters. The first chapter explores phenomenal consciousness in newborns, first addressing the epistemological and methodological problems, and then arguing that newborns are phenomenally conscious and have a variety of phenomenal experiences. The second chapter addresses representation in newborns, claiming that their conscious experiences represent the world and discussing the consequences for representationalism. The third chapter focuses on the sense of agency, arguing that infants have a sense of agency and a sort of self-consciousness. The fourth chapter discusses moral agency, focusing mainly on the role of empathy. (shrink)

This thesis in an invistigation into the concept of "harm" and its moral relevance. A common view is that an analysis of harm should include a counterfactual condition: an act harms a person iff it makes that person worse off. A common objection to the moral relevance of harm, thus understood, is the non-identity problem. -/- This thesis criticises the counterfactual condition, argues for an alternative analysis and that harm plays two important normative roles. -/- The (...) main ground for rejecting the counterfactual condition is that it has unacceptable consequences in cases of overdetermination and pre-emption. Several modifications to the condition are considered but all fail to solve this problem. -/- According to the alternative analysis to do harm is to perform an act which is responsible for the obtaining of a state of affairs which makes a person’s life go worse. It is argued that should be understood in terms of counterfactual dependence. This claim is defended against counterexamples based on redundant causation. An analysis of is also provided using the notion of a well-being function. It is argued that by introducing this notion it is possible to analyse contributive value without making use of counterfactual comparisons and to solve the non-identity problem. -/- Regarding the normative importance of harm, a popular intuition is that there is an asymmetry in our obligations to future people: that a person would have a life worth living were she to exist is not a reason in favour of creating that person while that a person would have a life not worth living is a reason against creating that person. It is argued that the asymmetry can be classified as a moral option grounded in autonomy. Central to this defence is the suggestion that harm is relevant to understanding autonomy. Autonomy involves partly the freedom to pursue one’s own aims as long as one does no harm. (shrink)

The aim of this doctoral thesis is to bridge the gap between theoretical ideals of authenticity and practical authenticity-related problems in healthcare. In this context, authenticity means being "genuine," "real," "true to oneself," or similar, and is assumed to be closely connected to the autonomy of persons. The thesis includes an introduction and four articles related to authenticity. The first article collects various theories intended to explain the distinction between authenticity and inauthenticity in a taxonomy that enables oversight (...) and analysis. It is argued that (in-)authenticity is difficult to observe in others. The second article offers a solution to this difficulty in one theory of authenticity. It is proposed that under certain circumstances, it is morally justified to judge that the desires underlying a person's decisions are inauthentic. The third article incorporates this proposition into an already established theory of personal autonomy. It is argued that the resulting conceptualization of autonomy is fruitful for action-guidance in authenticity-related problems in healthcare. The fourth article collects nine cases of possible authenticity-related problems in healthcare. The theory developed in the third article is applied to the problems, when this is allowed by the case-description, to provide guidance with regard to them. It is argued that there is not one universal authenticity-related problem but many different problems, and that there is thus likely not one universal solution to such problems but various particular solutions. (shrink)

The current thesis discusses how tools for analysing power are developed predominately for adults, and thus remain underdeveloped in terms of understanding injustices related to age, ethnicity/race and gender in childhoods. The overall aim of this dissertation is to inscribe a discourse of intersecting social injustices as relevant for childhoods and child welfare, and by interlinking postcolonial, feminist, and critical childhood studies. The dissertation is set empirically within the policy and practice of Swedish child welfare, here exemplified by the (...) assessment framework Barns Behov i Centrum. It aims to explore how Swedish child welfare, as a field of knowledge, modes of knowing and knowing subjects, constitutes an arena for claims and responses to intersecting social justice issues. The material consists of BBIC primers and selected samples from, a total of 283 case reports from a Swedish social service agency. The case reports address assessments of children. This dissertation is based on four qualitative studies using discourse analysis, as well as analysis inspired by thematic and case-study methodology. Two studies focus on child welfare discourses in BBIC documents involving social problems and violence, and two studies are based on child welfare case reports. Studies I­­-II address child welfare policy and practice by analysing the conditions required for children to participate, in terms of children’s moral status and in terms of status of ‘evidencing’ needs for protection. Studies III­­-IV explore this further from the perspective of intersecting and embodied social injustices in childhoods. Together, the studies interconnect child welfare as a field of knowledge, modes of knowing and knowers with child welfare as a moral arena for claims to rights, recognition, and social justice. The synthesised findings point to child biowelfare, in which justice discourses are largely absent. Biowelfare is informed by a mode of knowing and ‘evidencing’ risks to children’s health and development, which are confined to scientific predicting-believing, seeing-believing by professionals and a moral economy of care, all of which constrain the idea that injustices are structural and intersecting. Biowelfare primarily responds to children as ‘speaking’ biological bodies, rather than as voices of justice. In this sense, injustices of an epistemological nature are interconnected with social injustices. When issues of justice are mobilised in case reports and policy, they come across as rather ‘unjust’, primarily confined to the sphere of the family home of racialised children and not connected to ‘general’ children. In addition to intersections of age, ethnicity/race and gender, class and health are fundamental to recognition and protection in biowelfare. Finally, the dissertation indicates the need for a moral economy which responds to intersecting social injustices such as racial, gender-based and ageist violence in childhoods, and violations of children’s bodily integrity. (shrink)

This paper argues that influential Mahāyāna ethicists, such as Śāntideva, who allow for moral rules to be proscribed under the expediency of a compassionate aim, seriously compromise the very notion of moral responsibility. The central thesis is that moral responsibility is intelligible only in relation to conceptions of freedom and human dignity that reflect a participation in, and sharing of, interpersonal relationships. The central thesis of the paper is that revisionary strategies, which seek to explain (...) agency in event-causal terms, set the stage for moral epiphenomenalism. On the view I defend here, an effective compatibilist solution to the problem of reconciling freedom of the will and determinism depends on expanding, rather than eliminating, the complex register of factors that underpin the experiential aspects of our moral life. (shrink)

This thesis investigates Habermas's attempt to establish a credible form of universalism in moral and political philosophy by means of the theoretical approach which he terms "discourse ethics." The central question motivating this study is whether Habermas succeeds in this ambition. Discourse ethics specifies a procedure which purports to enable all agents involved in a conflict of interest in which issues of justice are at stake to come to a rational and cooperative resolution. It proposes a position unique (...) among contemporary approaches to justice in the strength and character of its anti-relativist stance: the plurality of human cultures and the situated character of human understanding do not, according to this theory, bar the way to arriving at a minimal form of moral universalism. Although the procedure specified in communicative ethics elucidates only a narrow range of concerns--those pertaining to justice in the strict sense--it aims to do so in a way valid across all human cultures. ;Habermas's strategy for the defence of a species-wide moral universalism is, I argue, both the key feature of his position, and the least well understood. Discussion of discourse ethics to date has focussed almost exclusively on the question of its appropriateness to the context of modern, Western pluralism. An important reason for this focus has been the intricacy of Habermas's argumentative strategy, which links the recent work on discourse ethics to his longstanding project of developing a theory of communicative action. ;The principle aim of this thesis is to clarify Habermas's position by explicating his programme of justification. In so doing, I draw attention to several problems in his approach as a mechanism for cross-cultural conflict adjudication, and endeavour to provide a more perspicuous account of the relation of Habermas's theory to its main philosophical competitors, especially Rawlsian deontology, and contextualism. (shrink)

Abstract Do the central aims of epistemology, like those of moral philosophy, require that we designate some important place for those concepts located between the thin-normative and the non-normative? Put another way, does epistemology need "thick" evaluative concepts and with what do they contrast? There are inveterate traditions in analytic epistemology which, having legitimized a certain way of viewing the nature and scope of epistemology's subject matter, give this question a negative verdict; further, they have carried with them a (...) tacit commitment to what we argue to be an epistemic analogue of the reductionistic centralist thesis which Bernard Williams, in our view, successfully repudiates in ethics. In this essay, we challenge the epistemic analogue of the traditional but mistaken thesis. In offering an alternative to it which provides a comfortable home for the epistemic normativity which attends thick evaluative concepts, we align ourselves with what has been recently called the Value Turn in epistemology. From this perspective, we defend that, contrary to tradition, as influenced by centralist assumptions, epistemology does need thick evaluative concepts. Further, the sort of theories that will be able to give thick evaluative concepts an irreducible role in both belief and agent evaluation are adequately social epistemologies. What loosely refer to as second-wave of virtue epistemology is the widespread interest to provide a comfortable home for the role of thick normativity, as it is connected both with epistemic evaluation, and guidance. We recognize that, in breaking from centralism, there is a worry that a resulting anti-centralist theory will be reductionistic in the other direction, making the thick primary. We contend however that second-wave virtue epistemologies take different sources of social and epistemic value into account; they seek the 'right thickness' to ride with conception of epistemology and a field which due in part to virtue theory's resurgence, is today normative, diverse and expansive than was the traditional set of problems from which it emerged. (shrink)

The topic of my thesis is individual and collective responsibility for collectively caused systemic harms, with climate change as the case study. Can an individual be responsible for these harms, and if so, how? Furthermore, what does it mean to say that a collective is responsible? A related question, and the second main theme, is how ignorance and knowledge affect our responsibility. -/- My aim is to show that despite the various complexities involved, an individual can have responsibility to (...) address climate change. I argue that climate change is not a problem just for states and international bodies, but also for individuals. There are three possible sources of moral responsibility for individuals in relation to climate change harms: direct responsibility (individuals qua individuals), shared responsibility as members (individuals qua members of collective agents), and shared responsibility as constituents (individuals qua constituents of unorganised collectives). -/- Accounts that deny individual responsibility fail to either take our interdependent reality seriously or fail to understand marginal participation (or in the case direct responsibility, fail to appreciate the nature of the climate change phenomenon). Individuals can be complicit in climate change harms, either as members of collective agents (e.g. as citizens of states or employees of a corporation) or as constituents of unorganised collectives (e.g. as consumers or polluters). -/- Although I focus on individual complicity, I do not deny the obligations of collective agents. However, nation-states, governments, and international bodies are not the only relevant collective agents in climate ethics: other collective agents, such as corporations, matter also and can have obligations concerning making sure that their activities are as carbon-neutral as possible. In addition, those corporations that have engaged in lobbying against climate regulation through creating and disseminating misleading information have acquired themselves additional obligations to mitigate climate change and compensate for the harm they have caused. Even so, the ethical claims can only be understood by individual members of these collective agents because only they can feel the pull of moral claims. I suggest that we could distinguish between what one must possess in order to be capable of making moral claims (i.e. moral agency conditions), and what it means to have the ability to exhibit such claims through one’s conduct. -/- Individual direct responsibility is to not to increase the probable risk of serious harm to other people, at least as long as we can do so at a less than significant cost to ourselves. It is limited to relatively wealthy individuals. Offsetting is not a reliable way to meet this duty; we need to look at the emissions from our lifestyle choices (within the available infrastructure). Shared responsibility qua members of collective agents is the key individual responsibility, and it presses especially on those occupying key positions within key collective agents. Saying that, our shared responsibility qua constituents of unorganised collectives has the potential to be decisive in whether some action is taken or not, either through a set of actions that can signal certain acceptance or support, or as a form of political support from the grass roots. (shrink)

Western democracy theorists accept the "liberal democracy thesis" and claim that the only morally justifiable conception of democracy is liberal democracy regulated by substantive liberal values. According to this thesis, democracy not regulated by liberal values in nonliberal nations, if at all feasible, necessarily leads to the oppression of minorities and is therefore morally unjustifiable. This article aims to refute the liberal democracy thesis by arguing that democracy in "decent" nonliberal nations is not only feasible but also (...) morally justifiable. (shrink)