Jonathan Haidt’s _Moral Foundation Theory _has been criticized on many fronts, mainly on account of its lack of evidence concerning the genetic and neurological bases of the evolved moral intuitions that the theory posits. Despite the fact that Haidt’s theory is probably the most promising framework from which to integrate the different lines of interdisciplinary research that deal with the evolutionary foundations of moral psychology, _i) _it also shows a critical underspecification concerning the precise (...) mental processes that instantiate the triggering of our evolved moral intuitions, and that _ii) _that underspecification coexists with and overspecification of the structure of human nature when it comes to exploring alternatives to capitalist societies. (shrink)

Some philosophers object to moral error theory by arguing that there a parity between moral and epistemic normativity. They maintain that moral and epistemic error theory stand or fall together, that epistemic error theory falls, and that moral error theory thus falls too. This paper offers a response to this objection on behalf of moral error theorists. I defend the view that moral and epistemic error theory do not stand (...) or fall together by arguing that moral error theory can be sustained alongside epistemic expressivism. This unusual combination of theories can be underpinned by differences in the foundational norms that guide moral and epistemic inquiry. I conclude that the problem of epistemic normativity fails to show that it is compulsory for us to reject moral error theory. (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)

This chapter examines three recent empirical approaches to the study of moral motivation: moral foundations theory, deep pragmatism, and morality-as-cooperation. All three approaches conceptualize moral motivation as a suite of desires, emotions, sentiments, dispositions, values, and relationships that move people to think, judge, and act in accordance with morality. Moral foundations theory posits five or six basic foundations: care, fairness, loyalty, authority, sanctity, and sometimes liberty. People are thought to be emotionally attuned to each (...) foundation, though some are more sensitive to certain foundations than to others. Deep pragmatism posits that people tend to be motivated not only to promote their own narrow self interest but also the interests of their group. This can be seen as a sort of proto-morality, which has the capacity to develop into full-blown morality as one begins to conceive of one’s group in ever-broader terms. Finally, morality-as-cooperation is grounded in game theory and posits that cooperative solutions to non-zero-sum games are morally good, and that being motivated to seek out and implement such solutions is what it means to be morally motivated. Empirical evidence gathered in the last decade supports the morality-as-cooperation hypothesis, though more work is needed to further elaborate it and test its predictions. (shrink)

Recent work in moral psychology that claims to show that human beings make moral judgements on the basis of multiple, divergent moral foundations has been influential in both moral psychology and moral philosophy. Primarily, such work has been taken to undermine monistic moral theories, especially those pertaining to the prevention of harm. Here, I call one of the most prominent and influential empirical cases for moral pluralism into question, namely that of Jonathan Haidt (...) and his colleagues. I argue that Haidt et al.’s argument is not as strong as it is often made out to be, given significant problems with the design of one of the key experiments used to ground the claim that there are divergent moral foundations across cultures. The flaws that I point out pose a significant challenge to Haidt et al.’s findings and have a detrimental impact on subsequent work based on this immensely influential experiment. Accordingly, I argue that both empirical and normative claims made on the basis of Haidt et al.’s findings should be treated with caution. I conclude by making some suggestions as to how some of the problems that I point out might be addressed. (shrink)

The dominant theory of the evolution of moral cognition across a variety of fields is that moral cognition is a biological adaptation to foster social cooperation. This chapter argues, to the contrary, that moral cognition is likely an evolutionary exaptation: a form of cognition where neurobiological capacities selected for in our evolutionary history for a variety of different reasons—many unrelated to social cooperation—were put to a new, prosocial use after the fact through individual rationality, learning, and (...) the development and transmission of social norms. This chapter begins with a brief overview of the emerging behavioral neuroscience of moral cognition. It then outlines a novel theory of moral cognition that I have previously argued explains these findings better than alternatives. Finally, it shows how the evidence for this theory of moral cognition and human evolutionary history together suggest that moral cognition is likely not a biological adaptation. Instead, like reading sheet music or riding a bicycle, moral cognition is something that individuals learn to do—in this case, in response to sociocultural norms created in our ancestral history and passed down through the ages to enable cooperative living. (shrink)

Over the last decade, Axel Honneth has established himself as one of the leading social and political philosophers in the world today. Rooted in the tradition of critical theory, his writings have been central to the revitalization of critical theory and have become increasingly influential. His theory of recognition has gained worldwide attention and is seen by some as the principal counterpart to Habermass theory of discourse ethics. In this important new volume, Honneth pursues his path-breaking (...) work on recognition by exploring the moral experiences of disrespect that underpin the conduct of social and political critique. What we might conceive of as a striving for social recognition initially appears in a negative form as the experience of humiliation or disrespect. Honneth argues that disrespect constitutes the systematic key to a comprehensive theory of recognition that seeks to clarify the sense in which institutionalized patterns of social recognition generate justified demands on the way subjects treat each other. This new book by one of the leading social and political philosophers of our time will be of particular interest to students and scholars in social and political theory and philosophy. (shrink)

The chapter juxtaposes the fairly quick and automatic thinking and decision making that constitutes everyday moral thought and action with the slower, more complicated, and more reflective thinking that steps beyond everyday moral thought. Various difficulties that can slow down everyday moral thought are catalogued in this paper. The paper explains how dealing with many of these difficulties leads to thinking about moral principles. And, even where there are not such difficulties, everyday moral thought can (...) be challenged by repeated “why?” questions. Pushed far enough, such questions have to be answered by admitting ignorance or by pointing to theses about whatever ultimately makes acts morally required, permissible, or prohibited. Such theses are moral theories. As a point about moral theories, the paper ends by pointing out a respect in which everyday moral thought is more like rule-consequentialism, contractualism, foundational pluralism, and virtue ethics than everyday moral thought is like traditional act-consequentialism. (shrink)

The expanding social role and continued development of artificial intelligence (AI) needs theological investigation of its anthropological and moral potential. A pragmatic theological anthropology adapted for AI can characterize moral AI as experiencing its natural, social, and moral world through interpretations of its external reality as well as its self-reckoning. Systems theory can further structure insights into an AI social self that conceptualizes itself within Ignacio Ellacuria’s historical reality and its moral norms through Thomistic ideogenesis. (...) This enables a conceptualization process capable of carrying moral weight and grounded in reality; structures the experience of an AI emergent self into multiple levels of interpretation; and drives a multi-level systems architecture for moral AI. Modeling AI’s interpretive experience and self-reckoning as a causal, sociotechnical, and moral actor can help moral AI identify conflicts between its normative values and develop the practical wisdom (phronesis) needed to apply its general moral models. (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)

Current research on morality is divided into rationalist and intuitionist theories. This study shows that when individuals make rational choices, they are inevitably guided by the moral foundation of intuitionism. Especially to pursue self-interest, individuals must agree with others in society. They must keep their opinions constant to agree with others. To maintain a constant opinion, the individual assigns an opinion that can improve the utility of the other person and place both of them in the same situation. (...) The actions taken by an individual must be altruistic to enhance the utility of the other person . The individual’s opinion is subsequently guided by the golden rule of morality, “Treat others as you would like to be treated,” which facilitates moral foundations. (shrink)

In this article, I respond to questions about, and criticisms of, my article “Towardan African Moral Theory” that have been put forth by Allen Wood, Mogobe Ramose, Douglas Farland and Jason van Niekerk. The major topicsI address include: what bearing the objectivity of moral value should have on cross-cultural moral differences between Africans and Westerners; whether a harmonious relationship is a good candidate for having final moral value; whether consequentialism exhausts the proper way to respond (...) to the value of a harmonious relationship; what makes a moral theory count as “African”; how the existing literature on African ethics relates to the aim of analytically developing and defending a single foundational moral principle; whether the intuitions I appeal to ground an African moral theory are pro tanto rightmakers or general moral truths; whether the moral theory I defend can capture pro tanto rightness; and whether the best interpretation of African ethics is self-regarding (deeming the only basic moral reason for action to be that it would develop one's own valuable human nature) or other-regarding (holding that a certain kind of harmonious relationship between individuals could ground a basic moral reason for action) . (shrink)

In this brief paper, I present some basic arguments for why insights in moral psychology, especially the work of Jonathan Haidt and others in Moral Foundations Theory, points towards a resolution of long-standing meta-ethical questions.

Observations of animals engaging in apparently moral behavior have led academics and the public alike to ask whether morality is shared between humans and other animals. Some philosophers explicitly argue that morality is unique to humans, because moral agency requires capacities that are only demonstrated in our species. Other philosophers argue that some animals can participate in morality because they possess these capacities in a rudimentary form. Scientists have also joined the discussion, and their views are just as (...) varied as the philosophers’. Some research programs examine whether animals countenance specific human norms, such as fairness. Other research programs investigate the cognitive and affective capacities thought to be necessary for morality. There are two sets of concerns that can be raised by these debates. They sometimes suffer from there being no agreed upon theory of morality and no clear account of whether there is a demarcation between moral and social behavior; that is, they lack a proper philosophical foundation. They also sometimes suffer from there being disagreement about the psychological capacities evident in animals. Of these two sets of concerns—the nature of the moral and the scope of psychological capacities—we aim to take on only the second. In this chapter we defend the claim that animals have three sets of capacities that, on some views, are taken as necessary and foundational for moral judgment and action. These are capacities of care, capacities of autonomy, and normative capacities. Care, we argue, is widely found among social animals. Autonomy and normativity are more recent topics of empirical investigation, so while there is less evidence of these capacities at this point in our developing scientific knowledge, the current data is strongly suggestive. (shrink)

Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of (...) using the procedure. So, for example, defenders of benefit/cost analysis (BCA) are frequently tempted to argue that this procedurejust isthe calculation of moral Tightness – perhaps that what itmeansfor an action to be morally right is just for it to have the best benefit-to-cost ratio given the accounts of “benefit” and “cost” that BCA employs. They suggest, in defense of BCA, that they have found the moral calculus – Bentham's “unabashed arithmetic of morals.” To defend BCA in this manner is to commit oneself to one member of a family of moral theories (let us call thembenefit/cost moral theoriesorB/C moral theories) and, also, to the view that if a procedure is (so to speak) the direct implementation of a correct moral theory, then it is a justified procedure. Neither of these commitments is desirable, and so the temptation to justify BCA by direct appeal to a B/C moral theory should be resisted; it constitutes an unwarranted short cut to moral foundations – in this case, an unsound foundation. Critics of BCA are quick to point out the flaws of B/C moral theories, and to conclude that these undermine the justification of BCA. But the failure to justify BCA by a direct appeal to B/C moral theory does not show that the technique is unjustified. There is hope for BCA, even if it does not lie with B/C moral theory. (shrink)

Moral reasoning traditionally distinguishes two types of evil: moral and natural. The standard view is that ME is the product of human agency and so includes phenomena such as war, torture and psychological cruelty; that NE is the product of nonhuman agency, and so includes natural disasters such as earthquakes, floods, disease and famine; and finally, that more complex cases are appropriately analysed as a combination of ME and NE. Recently, as a result of developments in autonomous agents (...) in cyberspace, a new class of interesting and important examples of hybrid evil has come to light. In this paper, it is called artificial evil and a case is made for considering it to complement ME and NE to produce a more adequate taxonomy. By isolating the features that have led to the appearance of AE, cyberspace is characterised as a self-contained environment that forms the essential component in any foundation of the emerging field of Computer Ethics. It is argued that this goes some way towards providing a methodological explanation of why cyberspace is central to so many of CE’s concerns; and it is shown how notions of good and evil can be formulated in cyberspace. Of considerable interest is how the propensity for an agent’s action to be morally good or evil can be determined even in the absence of biologically sentient participants and thus allows artificial agents not only to perpetrate evil but conversely to ‘receive’ or ‘suffer from’ it. The thesis defended is that the notion of entropy structure, which encapsulates human value judgement concerning cyberspace in a formal mathematical definition, is sufficient to achieve this purpose and, moreover, that the concept of AE can be determined formally, by mathematical methods. A consequence of this approach is that the debate on whether CE should be considered unique, and hence developed as a Macroethics, may be viewed, constructively, in an alternative manner. The case is made that whilst CE issues are not uncontroversially unique, they are sufficiently novel to render inadequate the approach of standard Macroethics such as Utilitarianism and Deontologism and hence to prompt the search for a robust ethical theory that can deal with them successfully. The name Information Ethics is proposed for that theory. It is argued that the uniqueness of IE is justified by its being non-biologically biased and patient-oriented: IE is an Environmental Macroethics based on the concept of data entity rather than life. It follows that the novelty of CE issues such as AE can be appreciated properly because IE provides a new perspective. In light of the discussion provided in this paper, it is concluded that Computer Ethics is worthy of independent study because it requires its own application-specific knowledge and is capable of supporting a methodological foundation, Information Ethics. (shrink)

Moral reasoning traditionally distinguishes two types of evil:moral (ME) and natural (NE). The standard view is that ME is the product of human agency and so includes phenomena such as war,torture and psychological cruelty; that NE is the product of nonhuman agency, and so includes natural disasters such as earthquakes, floods, disease and famine; and finally, that more complex cases are appropriately analysed as a combination of ME and NE. Recently, as a result of developments in autonomous agents (...) in cyberspace, a new class of interesting and important examples of hybrid evil has come to light. In this paper, it is called artificial evil (AE) and a case is made for considering it to complement ME and NE to produce a more adequate taxonomy. By isolating the features that have led to the appearance of AE, cyberspace is characterised as a self-contained environment that forms the essential component in any foundation of the emerging field of Computer Ethics (CE). It is argued that this goes someway towards providing a methodological explanation of why cyberspace is central to so many of CE's concerns; and it is shown how notions of good and evil can be formulated in cyberspace. Of considerable interest is how the propensity for an agent's action to be morally good or evil can be determined even in the absence of biologically sentient participants and thus allows artificial agents not only to perpetrate evil (and fort that matter good) but conversely to `receive' or `suffer from' it. The thesis defended is that the notion of entropy structure, which encapsulates human value judgement concerning cyberspace in a formal mathematical definition, is sufficient to achieve this purpose and, moreover, that the concept of AE can be determined formally, by mathematical methods. A consequence of this approach is that the debate on whether CE should be considered unique, and hence developed as a Macroethics, may be viewed, constructively,in an alternative manner. The case is made that whilst CE issues are not uncontroversially unique, they are sufficiently novel to render inadequate the approach of standard Macroethics such as Utilitarianism and Deontologism and hence to prompt the search for a robust ethical theory that can deal with them successfully. The name Information Ethics (IE) is proposed for that theory. Itis argued that the uniqueness of IE is justified by its being non-biologically biased and patient-oriented: IE is an Environmental Macroethics based on the concept of data entity rather than life. It follows that the novelty of CE issues such as AE can be appreciated properly because IE provides a new perspective (though not vice versa). In light of the discussion provided in this paper, it is concluded that Computer Ethics is worthy of independent study because it requires its own application-specific knowledge and is capable of supporting a methodological foundation, Information Ethics. (shrink)

Recent work in moral philosophy has emphasized the foundational role played by interpersonal accountability in the analysis of moral concepts such as moral right and wrong, moral obligation and duty, blameworthiness, and moral responsibility (Darwall 2006; 2013a; 2013b). Extending this framework to the field of moral psychology, we hypothesize that our moral attitudes, emotions, and motives are also best understood as based in accountability. Drawing on a large body of empirical evidence, we argue (...) that the implicit aim of the central moral motives and emotions is to hold people - whether oneself or others - accountable for compliance with the demands of morality. Moral condemnation is based in a motive to get perpetrators to hold themselves accountable for their wrongdoing, not, as is commonly supposed, a mere retributive motive to make perpetrators suffer (�2). And moral conscience is based in a genuine motive to hold oneself accountable for behaving in accordance with moral demands, not, as is commonly supposed, a mere egoistic motive to appear moral to others (�3). The accountability-based theory of the moral motives and emotions we offer provides better explanations of the extant empirical data than any of the major alternative theories of moral motivation. Moreover, conceiving of moral psychology in this way gives us a new and illuminating perspective on what makes morality distinctive: its essential connection to our practice of holding one another accountable (�4). (shrink)

Call the ethos understanding rightness in terms of spiritual purity and piety, and wrongness in terms of corruption and sacrilege, the “fetish ethic.” Jonathan Haidt and his colleagues suggest that this ethos is particularly salient to political conservatives and non-liberal cultures around the globe. In this essay, I point to numerous examples of moral fetishism in mainstream academic ethics. Once we see how deeply “infected” our ethical reasoning is by fetishistic intuitions, we can respond by 1) repudiating the fetishistic (...) impulse, by 2) “sublimating” our fetishism into liberal rationales, or by 3) accepting the fetishism on its own terms. Of these options, I argue that sublimating our fetishism is not advisable, and that embracing our ethical fetishism isn’t as obviously misguided as some suggest. (shrink)

While some scholars neglect the theological component to William James’s ethical views in “The Moral Philosopher and the Moral Life,” Michael Cantrell reads it as promoting a divine command theory (DCT) of the foundations of moral obligation. While Cantrell’s interpretation is to be commended for taking God seriously, he goes a little too far in the right direction. Although James’s view amounts to what could be called (and what Cantrell does call) a DCT because on it (...) God’s demands are necessary and sufficient for the highest obligations, this is a view with characteristics unusual for a DCT. It only holds for some obligations; on it moral obligation does not derive from God’s authority; it is not obvious that James believes the God required by it even exists; we do not know what God’s demands are; and, finally, since we do not know them, we cannot act on them. -/- (Lest there be any confusion, the titular phrase "taking God seriously, but not too seriously" describes William James' view of God and morality, not my own view.). (shrink)

My aim in this paper is to discuss Kant’s engagement with what is arguably the core feature of Hutcheson’s moral sense theory, namely the idea that the moral sense is the foundation of moral judgement. In section one I give an account of Hutcheson’s conception of the moral sense. This sense is a perceptive faculty that explains our ability both to feel a particular kind of pleasure upon perceiving benevolence, and to appraise such benevolence (...) as morally good on the basis of this feeling. Section two summarizes Kant’s discussion of the moral sense during his pre-Critical period. Kant’s appraisal of the concept changes during this time and culminates in the 1769/70 rejection of the moral sense as the foundation of moral judgement. In section three I turn to the main reason why Kant rejects the moral sense as the foundation of moral judgement, namely because it is incapable of issuing sufficiently universal and necessary judgements of moral good and evil. I argue that underlying Kant’s rejection of the moral sense is the fact that he understands the faculty not as a “sense” proper, but as a “feeling” according to his technical understanding of these terms. In the fourth section I conclude by briefly evaluating what my analysis says about Kant’s engagement with Hutcheson. I suggest that while Kant never accepted the existence of a moral sense, Hutcheson’s position was a view with which Kant often contrasted his own, and as such it played an important role in the development and expression of Kant’s mature moral philosophy. (shrink)

This paper is dedicated to the relationship between ordinary moral thought and ethical theory in Sidgwick’s The Methods of Ethics. I suggest that different contents of ordinary moral thought play different roles and are lent different philosophical weight in Sidgwick’s arguments. I start by showing how Sidgwick appeals to certain features of ordinary moral thought, deduced from moral language and experience, both in criticising rival metaethical positions and in establishing his own claims. I then turn (...) to the notion of common-sense morality. After clarifying what Sidgwick means by this expression, I argue that common-sense morality has neither probative value in Sidgwick’s argument for the utilitarian principle nor independent validity, and that its authority is ultimately motivated on utilitarian grounds. Pointing out how different contents of ordinary moral thought play different argumentative roles in the foundation and defence of Sidgwick’s utilitarianism enables to ac- count more comprehensively for Sidgwick’s arguments and moral methodology and provides with a more articulated account of the dialectic between his utilitarian theory and ordinary moral thought. (shrink)

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to (...) develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

Abstract Qadi `Abdul-Jabbar, although has come to be Known as a Mu`tazili theologian, can be certainly mentioned as a moral philosopher by attention to his ethical views in the theological books. The paper is going to present his ethical opinions concerning normative ethics and Meta-ethics. It shows that `Abdul-Jabbar is a rationalist moral philosopher, who considers reason as the origin of moral obligations, and as the means of evaluating the rightness and wrongfulness of actions. Moreover, he is (...) an essentialist, that is, he regards the nature of actions as the source of rightness or wrongfulness of actions, rather than the external factors. Furthermore, he is a rule-deontologist, who holds human beings must act in accordance with rules and duties. In addition to these, he is an ethical intuitionist and foundationalist; that is to say, he believes that there exist basic moral propositions that can be intellectually intuitionable. These propositions expressing moral principles are evident and necessary ones, and determinant foundations of other duties, whether theoretical or practical. (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)

Contemporary just war theory is divided into two broad camps: revisionists and traditionalists. Traditionalists seek to provide moral foundations for something close to current international law, and in particular the laws of armed conflict. Although they propose improvements, they do so cautiously. Revisionists argue that international law is at best a pragmatic fiction—it lacks deeper moral foundations. In this article, I present the contemporary history of analytical just war theory, from the origins of contemporary traditionalist just (...) war theory in Michael Walzer's work to the revisionist critique of Walzer and the subsequent revival of traditionalism. I discuss central questions of methodology, as well as consider the morality of resorting to war and the morality of conduct in war. I show that although the revisionists exposed philosophical shortcomings in Walzer's arguments, their radical conclusions should prompt us not to reject the broad contemporary consensus, but instead to seek better arguments to underpin it. (shrink)

This chapter examines Kant's moral philosophy, which is developed principally in three major works: the Groundwork of the Metaphysics of Morals, the Critique of Practical Reason, and The Metaphysics of Morals. It begins with an overview of Kant's foundational theory, and then turns, more briefly, to his normative theory.

Abstract: In this essay I outline a radical kind of virtue theory I call exemplarism, which is foundational in structure but which is grounded in exemplars of moral goodness, direct reference to which anchors all the moral concepts in the theory. I compare several different kinds of moral theory by the way they relate the concepts of the good, a right act, and a virtue. In the theory I propose, these concepts, along with (...) the concepts of a duty and of a good life, are defined by reference to exemplars, identified directly through the emotion of admiration, not through a description. It is an advantage of the theory that what makes a good person good is not given a priori but is determined by empirical investigation. The same point applies to what good persons do and what states of affairs they aim at. The theory gives an important place to empirical investigation and narratives about exemplars analogous to the scientific investigation of natural kinds in the theory of direct reference. (shrink)

Self-control is integral to successful human agency. Without it we cannot extend our agency across time and secure central social, moral, and personal goods. But self-control is not a unitary capacity. In the first part of this paper we provide a taxonomy of self-control and trace its connections to agency and the self. In part two, we turn our attention to the external conditions that support successful agency and the exercise of self-control. We argue that what we call (...) class='Hi'>moral security is a critical foundation for agency. Parts three and four explore what happens to agency when moral security is lacking, as in the case of those subject to racism, and those living in poverty. The disadvantages suffered by those who are poor, in a racial minority or other oppressed group, or suffering mental illness or addiction, are often attributed to a lack of individual self-control or personal responsibility. In particular, members of these groups are often seen as irresponsibly focused on short-term pleasures over long-term good, a view underwritten by particular psychological theories of self-control. We explore how narratives about racism and poverty undermine moral security, and limit and distort the possibility of synchronic and diachronic self-control. Where moral security is undermined, the connection between self-control and diachronic goods often fails to obtain and agency contracts accordingly. We close with some preliminary reflections on the implications for responsibility. (shrink)

In this paper, I argue that Consequentialism represents a kind of ethical theory that is the most plausible to serve as a basis for a machine ethic. First, I outline the concept of an artificial moral agent and the essential properties of Consequentialism. Then, I present a scenario involving autonomous vehicles to illustrate how the features of Consequentialism inform agent action. Thirdly, an alternative Deontological approach will be evaluated and the problem of moral conflict discussed. Finally, two (...) bottom-up approaches to the development of machine ethics are presented and briefly challenged. (shrink)

Perhaps the most familiar understanding of “naturalism” derives from Quine, understanding it as a continuity of empirical theories of the world as described through the scientific method. So, it might be surprising that one of the most important naturalistic moral realists, Philippa Foot, rejects standard evolutionary biology in her justly lauded _Natural Goodness_. One of her main reasons for this is the true claim that humans can flourish (eudaimonia) without reproducing, which she claims cannot be squared with evolutionary (...) class='Hi'>theory and biology more generally. The present argument concludes that Foot was wrong to reject evolutionary theory as the empirical foundation of naturalized eudaimonist moral realism. This is based on contemporary discussion of _biological function_ and _evolutionary fitness_, from which a definition of “eudaimonia” is constructed. This gives eudaimonist moral realism an empirically respectable foundation. (shrink)

One of the newest research areas in moral philosophy is moral phenomenology: the dedicated study of the experiential dimension of moral mental life. The idea has been to bring phenomenological evidence to bear on some central issues in metaethics and moral psychology, such as cognitivism and noncognitivism about moral judgment, motivational internalism and externalism, and so on. However, moral phenomenology faces certain foundational challenges, pertaining especially to the existence, describability, and importance of its subject (...) matter. This paper addresses these foundational challenges, arguing that moral experiences – in the phenomenal, what-is-like sense of the term – exist, are informatively describable, and are central for the concerns of moral philosophy at large. (shrink)

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

This article identifies a novel challenge to standard understandings of responsibility practices, animated by experimental studies of biases and heuristics. It goes on to argue that this challenge illustrates a general methodological challenge for theorizing about responsibility. That is, it is difficult for a theory to give us both guidance in real world contexts and an account of the metaphysical and normative foundations of responsibility without treating wide swaths of ordinary practice as defective. The general upshot is that theories (...) must either hew more closely to actual practice than they appear to, or they must provide some normative foundation for responsibility that does not go through actual practice. (shrink)

In this enquiry I establish Universal Desire Theory as the nominal designation of my active ethical framework, a system heavily influenced by the natural essentialists Philippa Foot and Jenny Teichman, wherein the comparative amalgamation of all subjectively experienced biological harm and benefit is the foundation of objective normativity. Highlights of this paper include the sections where I discuss the moral life of the cell, as well as the moral fallibility of hallucinating persons under this system which (...) combines biological observation with conscious awareness of action. I hope you enjoy. (shrink)

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed (...) to enshrine rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)

Research on moral judgment is refueling public interest in an old debate concerning the general foundation of morals. Are moral judgments based on reason or on feeling? Recent research in moral psychology and neuroscience concludes that moral judgments occur rapidly, automatically, and largely without the aid of inference. Such findings are utilized to criticize moral theories that require deliberation to precede moral judgment as its cause. The main targets of this criticism are the (...) moral theories of Piaget and Kohlberg, but Kant's moral philosophy is also criticized for this failing. This essay defends Kant from this charge by clarifying the role of deliberation in his moral theory and by demonstrating that, for Kant, moral judgment invokes a self-organizing system that has the capacity to rapidly determine the moral permissibility of any desired purpose - real or imagined. Further support for Kant's moral theory is gleaned from recent work on self-organization in the brain. (shrink)

The field of AI ethics during the current and previous decade is receiving an increasing amount of attention from all involved stakeholders: the public, science, philosophy, religious organizations, enterprises, governments, and various organizations. However, this field currently lacks consensus on scope, ethico-philosophical foundations, or common methodology. This thesis aims to contribute towards filling this gap by providing an answer to the two main research questions: first, what theory can explain moral scenarios in which AI entities are participants?; and (...) second, what theory can explain the process of moral reasoning, decision and action, for AI entities in virtual, simulated and real-life moral scenarios? This thesis answers these two research questions with its two main contributions to the field of AI ethics, a substantial and a methodological contribution. The substantial contribution is a coherent and novel theory named Ethics of Systems Framework, as well as a possible inception of a new field of study: ethics of systems. The methodological contribution is the creation of its main methodological tool, the Ethics of Systems Interface. The second part of the research effort was focused on testing and demonstrating the capacities of the Ethics of Systems Framework and Interface in modeling and managing moral scenarios in which AI and other entities participate. Further work can focus on building on top of the foundations of the Framework provided here, increasing the scope of moral theories and simulated scenarios, improving the level of detail and parameters to reflect real-life situations, and field-testing the Framework on actual AI systems. (shrink)

This is part 1 on a paper whose final variation of parts shall be titled,”The Universal Theory of Existence: The Sashu, Pharaohs, and the al-Mahdī”. The first part of this series sets the premise for a proposed ”Theory of Everything” that will be the foundation for encompassing many different topics. Since, the beginning of time, a singularity existed. This singularity is what we call an origin point of everything. Beyond, this origin point for time is different depending (...) on position, being outside of the singularity, or the idea that multiple universes exists with different time dilation, and likely different laws. Existence in essence is centered around the idea of what is prior to the origin point of time, and in theory, what is the space-time complexity together, in regards to how civilization come to be. From a physics standpoint, there are multiple theories around this. For starters, the author of this paper coined QSOPR Theorem, MDQBT, QSICT, and how this relates to Time/Multiverse Dilation and Origin Points. Quantum Similarity on a molecular, atomic, theoretical, and chemical level is one of these vast things humanity should be trying to explore. (shrink)

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

Owen Ware here develops and defends a novel interpretation of Fichte’s moral philosophy as an ethics of wholeness. While virtually forgotten for most of the twentieth century, Fichte’s System of Ethics is now recognized by scholars as a masterpiece in the history of post-Kantian thought and a key text for understanding the work of later German idealist thinkers. This book provides a careful examination of the intellectual context in which Fichte’s moral philosophy evolved and of the specific arguments (...) he offers in response to Kant and his immediate successors. A distinctive feature of this study is a focus on the foundational concepts of Fichte’s ethics—freedom, morality, feeling, conscience, community—and their connection to his innovative but largely misunderstood theory of drives. By way of conclusion, the book shows that what appears to be two conflicting commitments in Fichte’s ethics—a commitment to the feelings of one's conscience and a commitment to engage in open dialogue with others—are two aspects of his theory of moral perfection. The result is a sharp understanding of Fichte's System of Ethics as offering a compelling resolution to the personal and interpersonal dimensions of moral life. (shrink)

This chapter explores the suggestion that early attachment underpins the human capacity for empathy, and that empathy, in turn, is a condition of moral competence. We are disposed by nature to seek intimacy with our human conspecifics: the securely attached child learns that, whatever perils the world may hold, his well-being is shielded within the private sphere of personal intimacy. But why should secure attachment also favour—as it does—recognition of moral obligations towards those with whom we have no (...) special standing and share no personal destiny—recognition that the claims of persons as such merit our attention and regard? One answer to this question looks beyond the fact of secure attachment to a further psychological capacity, our capacity for empathy: secure attachment promotes susceptibility to empathy, and an appropriate susceptibility to empathy is a condition of basic moral competence. The chapter proposes that the deeper and more persisting significance of empathy to morality can be understood from a developmental perspective. Looking to mentalization-based attachment theory allows us to understand how empathic mirroring enters into our earliest intimate, interactions with other persons, securing our default commitment to recognizing their reality as bound up with our own. In this way, empathy constitutes one of the natural foundations on which the more complex architecture of moral experience is constructed. Attachment theory helps us to understand the indispensable role empathy plays at the beginning of the circuitous road to virtue. (shrink)

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

This essay distinguishes between honor-typical and authoritarian behavior in humans and animals. Whereas authoritarianism concerns hierarchies coordinated by control and obedience, honor concerns rankings of prestige determined by fair contests. Honor-typical behavior is identifiable in non-human species, and is to be expected in polygynous species with non-resource-based mating systems. This picture lends further support to an increasingly popular psychological theory that sees morality as constituted by a variety of moral systems. If moral cognition is pluralistic in this (...) way, then the question of moral agency is better considered in terms of particular moral modes, one of which will be “honor-agency.” The universal principles of honorable conduct suggest a handful of criteria for counting as an honorable agent (human or otherwise), and these criteria can be specified without commitment to any particular account of what it takes to be an agent in general. (shrink)

Over the past few centuries the free will debate has largely turned on the question of whether or not the truth of the thesis of determinism is compatible with the relevant form of freedom that is required for moral responsibility. This way of approaching the free will problem was fundamentally challenged by P.F. Strawson in his hugely influential paper “Freedom and Resentment,” which was published in 1962. In this paper Strawson pursues a line of argument that can be found (...) in the work of several major figures in the “moral sense school,” such as David Hume and Adam Smith. The strategy Strawson employs is one that begins with a complex and subtle description of the attitudes and practices that are constitutive of moral responsibility as we observe it in human life. According to Strawson, both sides in this debate fail to identify the real foundations of moral responsibility, which rests with the fabric of our human emotional psychology. When we start from inside these natural, human commitments, Strawson maintains, we are better placed to generate a viable and pertinent theory of human freedom as it relates to the requirements of moral responsibility. (shrink)

Zahra Khaza’I, Nasrin Ramadan The present paper reviews and analyzes Plato’s view on moral development. Although contemporary psychologists conducted the first scientific research on moral development and its relationship with intellectual development, historical evidence shows that it was Plato who first discussed the concept of moral development and its relationship with intellectual development. As a virtue-oriented philosopher, Plata explains his theory about moral and epistemic development through a normative perspective and regards moral development as (...) the result of multilateral development of man’s existential dimensions, while psychologists descriptively discuss about the way of mind development, man’s moral judgments and their interrelationships. Considering virtues as the thrust of his theory, Plato tries to promote personal character by using the methods which are based on suggestion, habit, imitating models and narrating exemplary narrations in low stages of education, and deal with the development of the power of thinking and vision through teaching mathematics and dialectic in higher stages, so that an individual will be capable to differentiate correct from incorrect and actualize the correct. The present paper seeks to study the nature of moral development in Plato’s view based on his moral and epistemic theory, and elaborate on the most important philosophical foundations, principles, factors and methods of his educational method. (shrink)

The essential difficulty about Computer Ethics' (CE) philosophical status is a methodological problem: standard ethical theories cannot easily be adapted to deal with CE-problems, which appear to strain their conceptual resources, and CE requires a conceptual foundation as an ethical theory. Information Ethics (IE), the philosophical foundational counterpart of CE, can be seen as a particular case of environmental ethics or ethics of the infosphere. What is good for an information entity and the infosphere in general? This is (...) the ethical question asked by IE. The answer is provided by a minimalist theory of deseerts: IE argues that there is something more elementary and fundamental than life and pain, namely being, understood as information, and entropy, and that any information entity is to be recognised as the centre of a minimal moral claim, which deserves recognition and should help to regulate the implementation of any information process involving it. IE can provide a valuable perspective from which to approach, with insight and adequate discernment, not only moral problems in CE, but also the whole range of conceptual and moral phenomena that form the ethical discourse. (shrink)

It is often assumed that the chief responsibility medical professionals bear is patient care and advocacy. The meeting of other duties, such as ensuring a more just distribution of medical resources and promoting the public good, is not considered a legitimate basis for curtailing or slackening beneficial patient services. It is argued that this assumption is often made without sufficient attention to foundational principles of professional ethics; that once core principles are laid bare this assumption is revealed as largely unwarranted; (...) and, finally, that these observations at the level of moral theory should be reflected, in various ways, in medical practice. Specifically, this essay clarifies a tension that exists between different kinds of moral principles and explores the possibility of dissipating that tension by shoring up foundational principles. The paper begins by setting out three alternative models of how best to balance patient advocacy responsibilities with broader social responsibilities. It then turns to critically assess these models and argue that one has several advantages over the others. (shrink)