The (moral) permissibility of an act is determined by the relative weights of reasons, or so I assume. But how many weights does a reason have? Weight Monism is the idea that reasons have a single weight value. There is just the weight of reasons. The simplest versions hold that the weight of each reason is either weightier than, less weighty than, or equal to every other reason. We’ll see that this simple view leads to paradox in at least two (...) ways. We must complicate the picture somehow. I consider two candidate complications. The first, Parity Monism, is inspired by Ruth Chang’s suggestion that parity is a fourth comparative beyond the traditional three (>, <, =). This view complicates the single weight relation by allowing that the weights of reasons can be on a par. Unfortunately, Parity Monism resolves only one of the two paradoxes that afflict simple versions of Weight Monism. To resolve both paradoxes, we need our second candidate complication, Weight Pluralism. This view holds that reasons have at least two weight values (e.g., justifying weight and requiring weight) and these two values aren’t always equivalent. Parity is no substitute for Pluralism. (shrink)

In Intention, Anscombe says that practical reasoning is practical, not by virtue of its content, but rather by virtue of its form. But in her later essay ‘Practical Inference’, she seems to take this back, claiming instead that (1) the practicality of practical reasoning (or inference) resides in the distinctive use it makes of the premises, and (2) ‘it is a matter of indifference’ whether we say that it exemplifies a distinctive form. I aim to show that Anscombe is right (...) about (1) but wrong about (2): the distinctive use (or teleology) of practical reasoning explains its distinctive formal features, and when the former is thought through, the latter are revealed to be more numerous and significant than Anscombe seems to recognize. (shrink)

Introduction. Taking into account the priorities of the state policy in the field of economic and innovative development of the Perm region, assessment of the regional potential of the digital economy, the strategic importance of economic activities implemented by SMEs for the economy of the region and the country as a whole, the actual impact of the norms on the instruments of development of small and medium-sized enterprises in the Perm region is assessed. The purpose of this study is (...) to improve the regional regulatory platform of tools for the development of small and medium-sized businesses in the Perm region in order to gain the status of an investment-attractive region in the digital economy of the Russian Federation, taking into account the Strategy of the information society in the Russian Federation, which will ultimately contribute to the development of e-business in the Perm region, rehabilitation and competitiveness of the economy of the Perm region in the global market. Methodology. The General methodological basis of the study was the dialectical- materialistic method of cognition of legal reality, which allowed to study the tools of development of small and medium-sized businesses in the Perm region in their development, to consider the problems of tools for the integrated development of small and medium-sized businesses in the Perm region, taking into account the changed socio-economic conditions in inseparable unity with other related tools relevant to the needs of digitalization of society. Such universal scientific methods as analysis and synthesis of doctrinal and normative materials were used in the work. In addition, special legal methods were used: the method of legal modeling, which allows to design possible legal situations using digital tools for the development of small and medium- sized businesses in the Perm region; the method of systematic interpretation used in assessing the actual impact of regional norms on the tools of development of small and medium-sized businesses in the Perm region. Results. The article proposes a new tool for the development of SMEs as a regional electronic platform for the promotion of goods, works and services of SMEs in the Perm region. Attention is paid to the level of digital literacy of SMEs and consumers of their goods, works and services: the conclusion about the lack of digital competence. Conclusion. It is necessary to improve the regional regulatory platform taking into account economic trends: it is important to introduce digital competencies everywhere, including at the professional level in relation to SMEs in the Perm region, in order to increase the business activity of young people and other representatives of the working population. As for the actual introduction of new tools for the development of small and medium-sized businesses in the Perm region, we propose that the regional legislator develop a new electronic information platform at the expense of the regional budget to promote goods, works and services sold by SMEs in the Perm region. We believe that the measures proposed by us to enhance the economic activity of SMEs can be perceived by other regions. (shrink)

According to psychological research, people are more eager to help identified individuals than unidentified ones. This phenomenon significantly influences many important decisions, both individual and public, regarding, for example, vaccinations or the distribution of healthcare resources. This paper aims at presenting definitions of various levels of identifiability as well as a critical analysis of the main philosophical arguments regarding the normative significance of the identifiability effect, which refer to: (1) ex ante contractualism; (2) fair distribution of chances and (...) risks; (3) anti-aggregationist principles that recommend the distribution of bad effects and the concentration of good ones. I will show that these arguments, although connected with interesting philosophical problems regarding e.g. counterfactuals, aggregation, or probability, are unconvincing. (shrink)

Proceeding on the basis of reports of a proposal in 2011 to criminalize public flatulence in Malawi, the normative significance of flatulence is considered from the respective standpoints of aesthetics, etiquette, and ethics, and it is indicated how aesthetics and etiquette may themselves also have ethical significance. It is concluded that etiquette and ethics may both require that certain violations of etiquette and ethics should sometimes be ignored.

According to an orthodox view, the capacity for conscious experience (sentience) is relevant to the distribution of moral status and value. However, physicalism about consciousness might threaten the normative relevance of sentience. According to the indeterminacy argument, sentience is metaphysically indeterminate while indeterminacy of sentience is incompatible with its normative relevance. According to the introspective argument (by François Kammerer), the unreliability of our conscious introspection undercuts the justification for belief in the normative relevance of consciousness. I defend (...) the normative relevance of sentience against these objections. First, I demonstrate that physicalists only have to concede a limited amount of indeterminacy of sentience. This moderate indeterminacy is in harmony with the role of sentience in determining moral status. Second, I argue that physicalism gives us no reason to expect that introspection is unreliable with respect to the normative relevance of consciousness. (shrink)

Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support (...) of their authority; (ii) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions. (shrink)

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

Breastfeeding advocates have criticised the phrase ‘breast is best’ as mistakenly representing breastfeeding as a departure from the norm rather than the default for infant feeding. Breastfeeding mothers have an interest in representing breastfeeding as the default, for example, to counteract criticism of breastfeeding outside the home. This connects to an increasing trend to frame feeding babies formula as harmful, which can be seen in research papers, public policy and information presented to parents and prospective parents. Whether we frame infant-feeding (...) decisions in terms of harming or benefit, protection or risk matters because these distinctions are generally morally significant and thus holding that those who decide to use formula ‘harm’, ‘risk harm’ to their babies or describing formula feeding as ‘dangerous’ is likely to contribute to guilt associated with formula feeding and thus to undermine the well-being of vulnerable women. It may undermine attempts to improve breastfeeding rates by leading women to reject information about health outcomes surrounding infant-feeding decisions. However, these distinctions do not apply easily to infant-feeding decisions, in part because of difficulties in determining whether we should treat breastfeeding as the normative baseline for infant feeding. I show that neither the descriptive ‘facts of the matter’ nor moral or pragmatic considerations provide an easy answer before discussing how to respond to these considerations. (shrink)

Many have expected that understanding the evolution of norms should, in some way, bear on our first-order normative outlook: How norms evolve should shape which norms we accept. But recent philosophy has not done much to shore up this expectation. Most existing discussions of evolution and norms either jump headlong into the is/ought gap or else target meta-ethical issues, such as the objectivity of norms. My aim in this paper is to sketch a different way in which evolutionary considerations (...) can feed into normative thinking—focusing on stability. I will discuss two forms of argument that utilize information about social stability drawn from evolutionary models, and employs it to assess claims in political philosophy. One such argument treats stability as feature of social states that may be taken into account alongside other features. The other uses stability as a constraint on the realization of social ideals, via a version of the ought-implies-can maxim. These forms of argument are not new; indeed they have a history going back at least to early modern philosophy. But their marriage with evolutionary information is relatively recent, has a significantly novel character, and has received little attention in recent moral and political philosophy. (shrink)

When we ask a decision maker to express her preferences, it is typically assumed that we are eliciting a pre-existing set of preferences. However, empirical research has suggested that our preferences are often constructed on the fly for the decision problem at hand. This paper explores the ramifications of this empirical research for our understanding of instrumental rationality. First, I argue that these results pose serious challenges for the traditional decision-theoretic view of instrumental rationality, which demands global coherence amongst all (...) of one's beliefs and desires. To address these challenges, I first develop a minimal notion of instrumental rationality that issues in localized, goal-relative demands of coherence. This minimal conception of instrumental rationality is then used to offer a more sophisticated account of the global aspects of instrumental rationality. The resulting view abandons all-or-nothing assessments of rationality and allows us to evaluate decision makers as being rational to varying degrees. My aim is to propose a theory that is both psychologically and normatively plausible. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...) morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

If we are going to understand morality, it is important to understand the nature of societies. What is fundamental to them? What is the glue that holds them together? What is the role of shared norm acceptance in constituting a society? Michael Bratman’s account of modest sociality in his book, Shared Agency, casts significant light on these issues. Bratman’s account focuses on small-scale interactions, but it is instructive of the kinds of factors that can enter into explaining sociality more (...) generally. Norms of “social rationality” play an important role in Bratman’s account. I agree with his idea that these norms have normative force. I contend that these norms actually are morally significant. On the resulting view, social glue consists of actual and intended meshing of intentions and shared knowledge combined with a kind of normative pressure that has normative authority—along with other more familiar factors such as familial connections, cooperative arrangements, and affective states such as loyalties. (shrink)

When scientists or science reporters communicate research results to the public, this often involves ethical and epistemic risks. One such risk arises when scientific claims cause cognitive or behavioural changes in the audience that contribute to the self-fulfilment of these claims. I argue that the ethical and epistemic problems that such self-fulfilment effects may pose are much broader and more common than hitherto appreciated. Moreover, these problems are often due to a specific psychological phenomenon that has been neglected in the (...) research on science communication: many people tend to conform to ‘descriptive norms’, that is, norms capturing (perceptions of) what others commonly do, think, or feel. Because of this tendency, science communication may frequently produce significant social harm. I contend that scientists have a responsibility to assess the risk of this potential harm and consider adopting strategies to mitigate it. I introduce one such strategy and argue that its implementation is independently well motivated by the fact that it helps improve scientific accuracy. (shrink)

Today, resilience is used in many societal contexts for understanding how things respond to risks and for improving their performance in this regard, having also become a prominent approach for adapting to climate change. Yet, despite the broad appeal of resilience and resilience-based approaches within and outside academia, there are persisting puzzles about how to interpret resilience, its relation to competing concepts and approaches, or its desirability. Some proponents of resilience advise caution with the normative use of the term, (...) noting that resilience is a purely descriptive and ambivalent quality, which can be good in some circumstances but not in others. Critics have also noted that resilience approaches can be technocratic and that they tend to conceal the needs and vulnerabilities of the poor. -/- These examples demonstrate the need for reflecting on the status and significance of a term that is so widely used in academia and across the science-policy divide, but whose meaning and value are so fiercely disputed. Given that resilience is already informing many large-scale and significant societal efforts, they also raise the need to ask under which conditions such efforts could be just. -/- This work uses philosophical perspectives from ethics, metaethics and justice theory for revisiting recent debates on the meaning and normative status of this concept, with special emphasis on understanding the normative guidance that diverse interpretations of resilience can offer and disclosing the implications that this may have for achieving justice in and through resilience-based interventions. (shrink)

The much-discussed ‘Argument from Small Improvement’ has been advanced both as a reason to reject (tripartite) Completeness, one of the standard axioms of decision theory, and to accept the possibility of rationally incomparable choices. But this form of argument cannot be an effective basis for either of these conclusions, unless one already has some prior, independent reason to prefer Transitivity to Completeness as a constraint on rational preferences (or rational values). In particular, I show how a reverse argument from (...) small improvement can be constructed, starting from the assumption of tripartite Completeness, to the conclusion that Transitivity fails. I conclude that this form of argument as it has been standardly presented in the literature is a kind of ‘red herring’. We can only make progress here by evaluating the reasons independent of either such argument to prefer one or other of Transitivity or Completeness. (shrink)

The world has surpassed three million deaths from COVID-19, and faces potentially catastrophic tipping points in the global climate system. Despite the urgency, governments have struggled to address either problem. In this paper, we argue that COVID-19 and anthropogenic climate change (ACC) are critical examples of an emerging type of governance challenge: severe collective action problems that require significant individual behavior change under conditions of hyper- partisanship and scientific misinformation. Building on foundational political science work demonstrating the potential for norms (...) (or informal rules of behavior) to solve collective action problems, we analyze more recent work on norms from neighboring disciplines to offer novel recommendations for more difficult challenges like COVID-19 and ACC. Key insights include more attention to (1) norm-based messaging strategies that appeal to individuals across the ideological spectrum or that reframe collective action as consistent with resistant subgroups’ pre-existing values, (2) messages that emphasize both the prevalence and the social desirability of individual behaviors required to address these challenges, (3) careful use of public policies and incentives that make individual behavior change easier without threatening norm internalization, and (4) greater attention to epistemic norms governing trust in different information sources. We conclude by pointing out that COVID-19 and climate change are likely harbingers of other polarized collective action problems that governments will face in the future. By connecting work on norms and political governance with a broader, interdisciplinary literature on norm psychology, motivation, and behavior change, we aim to improve the ability of political scientists and policy makers to respond to these and future collective action challenges. (shrink)

Many theistic religions place a high value on faith in God and some traditions regard it as a virtue. However, philosophers commonly assign either very little value to faith in God or significant negative value, or even view it as a vice. Progress in assessing whether and when faith in God can be valuable or disvaluable, virtuous or vicious, rational or irrational, or otherwise apt or inapt requires understanding what faith in God is. This Special Issue on the normative (...) appraisal of faith in God for Religious Studies includes nine articles, from a diverse range of perspectives, which explore issues related to the core questions ‘What is faith in God?’ and ‘What normative questions about faith in God need to be addressed?’ In this Introduction, we briefly introduce each article. (shrink)

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

Climate change increases the frequency and intensity of certain kinds of natural hazard events in alpine areas. This interdisciplinary study addresses the hypothetical possibility of relocating the residents of three alpine areas in Austria: the Sölk valleys, the Johnsbach valley, and the St. Lorenzen/Schwarzenbach valleys. Our particular focus is on these residents’ expectations about such relocations. We find that (1) many residents expect that in the next decades the state will provide them with a level of natural hazards protection, aid, (...) and relief that allows them to continue to live in these valleys; (2) this expectation receives some legal protection but only when it is associated with fundamental rights; and (3) the expectation is morally significant, i.e., it ought to be considered in assessing the moral rightness or justness of relocation policies. These results suggest legal changes and likely extend to many other (Austrian) alpine areas as well. (shrink)

This paper is about how moral disagreement matters for metaethics. It has four parts. In the first part I argue that moral facts are subject to a certain epistemic accessibility requirement. Namely, moral facts must be accessible to some possible agent. In the second part I show that because this accessibility requirement on moral facts holds, there is a route from facts about the moral disagreements of agents in idealized conditions to conclusions about what moral facts there are. In the (...) third part I build on this route to show that (*) if there is significant moral disagreement in idealized conditions, then our understanding of morality is fatally flawed and we should accept relativism over non-naturalism and quasi-realism. So, if, like many, you think that there would be significant moral disagreement in idealized conditions, you should hold that our understanding of morality is fatally flawed and reject non-naturalism and quasi-realism. In the fourth part of this paper I show that (*) undermines the plausibility of non-naturalism, quasi-realism, and the view that our understanding of morality is not fatally flawed even if we do not have sufficient reason to believe that there would be significant moral disagreement in idealized conditions. (shrink)

Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in (...) Germany, Poland, and Russia to determine how each national regulatory framework relates to the provisions of the Declaration of Helsinki. Methods: For this analysis, we conducted a search of the legal databases “Gesetze im Internet” for Germany, “Internetowy System Aktow Prawnych” for Poland, and “ГAPAHT – Garant” for Russia. The search was complemented by a review of secondary literature contained in the databases Google Scholar, PubMed, Polish National Library, and eLibrary ru. We have identified 21 normative regulations containing provisions on informed consent in clinical research in all three countries. The content of these documents was systematically categorized and analyzed. Results: The normative framework in all three countries shows a strong commitment towards the core ethical principles of research envisaged in the Declaration of Helsinki. Nevertheless, provisions on informed consent vary between these three countries. The differences range from the method and language in which information should be provided, through the amount of information required to be disclosed, to the form of documenting consent or withdrawal. In the case of research on vulnerable groups, these differences are particularly visible. Conclusions: The identified differences can negatively impact the ethical conduct of international clinical studies. Attention needs to be paid that flexibilities within national regulations are not misused to undermine the protection of research subjects. Achieving global or regional legislative harmonization might prove impossible. Such lack of legal consensus reinforces the significance of the international ethical agreements. (shrink)

To what extent are factors that are extrinsic to the artwork relevant to judgments of artistic value? One might approach this question using traditional philosophical methods, but one can also approach it using empirical methods; that is, by doing experimental philosophical aesthetics. This paper provides an example of the latter approach. We report two empirical studies that examine the significance of three sorts of extrinsic factors for judgments of artistic value: the causal-historical factor of contagion, the ontological factor of (...) uniqueness, and the contextual factor of appreciative environment. We explore the context of appreciation by performing studies in a museum as well as the lab. We found that contagion made a difference to judgments of artistic value in both settings. These results are congruent with previous empirical research as well as recent philosophical work that defends the artistic significance of authenticity. However, uniqueness only made a difference in the lab setting, but not in the museum. This suggests that the context of appreciation may make a difference to judgments of artistic value. Of broader significance, these studies show the value of experimental philosophical aesthetics and the value of doing in situ empirical research on art. (shrink)

The richness of the term “unsettling” has made it readily employable for phenomenological accounts of racism in philosophy of race literature; yet, the term has been left largely under-theorized. Here, I argue that unsettling encounters can be said to occur when the unfamiliar other has come into contact with the boundary of one’s existential home. For many white people, interracial interactions produce an (often unwarranted) feeling of physical danger, but as I hope to show, this habitual (mis)perception of such encounters (...) is not merely a conditioned response; it also functions to subvert situations that might unsettle white identifies partially constituted by phenomenological demarcations of space along racial lines. Drawing on empirical literature and recent developments in critical phenomenology, I suggest that by exercising habitual, racist gestures and perceptions, white people (mis)perceive ontological threats to their worldview—e.g., a bookish Black student or a masculine gay man—as ontically threatening so as to avoid the kind of work and existential anguish that altering one’s normative expectations would require. (shrink)

In this paper, we consider the role of conversations in contributing to healthcare quality improvement. More specifically, we suggest that conversations can be important in responding to what we call ’normative complexity’. As well as reflecting on the value of conversations, the aim is to introduce the dimension of normative complexity as something that requires theoretical and practical attention alongside the more recognised challenges of complex systems, which we label, for short, as ’explanatory complexity’. In brief, normative (...) complexity relates to the inherent difficulty of deciding what kinds of changes are ’improvements’ or, more broadly, what is valuable in healthcare. We suggest that explanatory and normative complexity intersect and that anyone interested in healthcare improvement needs to be sensitive to both. After briefly introducing the idea of normative complexity, we consider some contrasting examples of conversations, reflecting on how they do and might contribute to healthcare quality. We discuss both conversations that are deliberately organised and facilitated (’orchestrated conversations’) and more informally occurring and routine conversations. In the first half of the paper, we draw on some examples of orchestrated and routine conversations to open up these issues. In the second half of the paper, we bring some more theoretical lenses to bear on both conversations and normative complexity, summarise what we take to be the value of conversations and draw together some of the implications of our discussion. In summary, we argue that conversations can play a crucial role in negotiating the normative complexity of healthcare quality improvement because of their capacity to hold together a plurality of perspectives, to contribute and respond to emergence and to help underpin institutional conditions for empathy and imagination. (shrink)

Empirical findings may be relevant for aesthetic evaluation in at least two ways. First — within criticism — they may help us to identify the aesthetic value of objects. Second— whithin philosophy — they may help us to decide which theory of aesthetic value and evaluation to prefer. In this paper, I address both kinds of relevance. My focus is thereby on empirical evidence gathered, not by means of first-personal experiences, but by means of third-personal scientific investigations of individual artworks (...) or, more generally, our interaction with art. The main thesis to be defended is that third-personal empirical findings are of limited significance for both critical and philosophical aesthetics. Indeed, they matter only to the extent to which they draw our attention to features or facts that we then iden- tify, from our first-personal perspective, as aesthetically relevant — for instance, as reasons counting for or against certain ascriptions of aesthetic value, or as factors that causally influence our actual as- sessments and thus render them partly inadequate or irrational. This limited significance of empirical findings is in line with the rationalist approach to the formation and justification of aesthetic judgements, that I have already started to defend elsewhere. -/- With respect to critical aesthetics, one problem is that empirical investigations cannot capture the normativity of the aesthetic relevance of lower-level features or facts: the respective studies can tell us what we take to be reason-giving or valuable, but not what is reason-giving or valuable. Furthermore, we cannot use empirically knowable principles to infer the presence of aesthetic values or reasons on the basis of recognising measurable lower-level features because the only available principles are too specific to allow for their actual application to more than one existing object, or even for their actual formulation. For their antecedents make reference to a large number of very determinate properties, as well as sometimes to particular events of creation. The only exception are conceptual principles (such as ‘something symmetrical is balanced’) or default principles (such as ‘something elegant is, by default, beautiful’). But knowledge of these principles is of little inferential use due to the holistic character of the justificatory power of aesthetic reasons and, moreover, does not allow for empirical acquisition. -/- With respect to philosophical aesthetics, I start with considering the limits of evolutionary accounts of aesthetic value. Even if it is true that humans originally came to value artworks because they recognised that artworks reveal certain skills or features of artists (such as imaginativeness or resourcefulness) that are desirable in sexual partners, it does not value that our reasons for valuing art have not changed, or at least not become much more complex. In addition, the answer to the question of why we value art from an evolutionary perspective has no obvious bearing on the issue of how we should appreciate art from an aesthetic perspective, or what such aesthetic appreciation would consist in. On the other hand, experimental studies showing that our actual aesthetic evaluations are influenced by factors (such as exposure e ects, or knowledge of the prices of objects), that undermine the good standing of our responses, just reveal that it is more difficult than perhaps expected to form sound aesthetic judgements; and that we need to improve our future aesthetic judgements by diminishing as much as possible the impact of those factors. (shrink)

Physicist Percy Bridgman has been taken by Heather Douglas to be an exemplar defender of an untenable value-free ideal for science. This picture is complicated by a detailed study of Bridgman's philosophical views of the relation between science and society. The normative autonomy of science, a version of the value-free ideal, is defended. This restriction on the provenance of permissible values in science is given a basis in Bridgman's broader philosophical commitments, most importantly, his view that science is primarily (...) an individual commitment to a set of epistemic norms and values. Considerations of external moral or social values are not, on this view, intrinsic to scientific practice, though they have a broader pragmatic significance. What Bridgman takes as the proper relation between science and society is shown through analysis of his many writings on the topic and consideration of his rarely remarked upon involvement in the most problematic example of "Big Science" of his day: the atomic bomb. A reevaluation of Bridgman's views provides a unique characterization of what is at stake in the values in science debate: the normative autonomy of science. (shrink)

There is a well-known moral quandary concerning how to account for the rightness or wrongness of acts that clearly contribute to some morally significant outcome – but which each seem too small, individually, to make any meaningful difference. One consequentialist-friendly response to this problem is to deny that there could ever be a case of this type. This paper pursues this general strategy, but in an unusual way. Existing arguments for the consequentialist-friendly position are sorites-style arguments. Such arguments imagine (...) varying a subject’s predicament bit by bit until it is clear that a relevant difference has been achieved. The arguments offered in this paper are structurally different, and do not rely on any sorites series. For this reason, they are not vulnerable to objections that have been leveled against the sorites-style arguments. (shrink)

Attention to the conversational role of alethic terms seems to dominate, and even sometimes exhaust, many contemporary analyses of the nature of truth. Yet, because truth plays a role in judgment and assertion regardless of whether alethic terms are expressly used, such analyses cannot be comprehensive or fully adequate. A more general analysis of the nature of truth is therefore required – one which continues to explain the significance of truth independently of the role alethic terms play in discourse. (...) We undertake such an analysis in this paper; in particular, we start with certain elements from Kant and Frege, and develop a construct of truth as a normative modality of cognitive acts (e.g., thought, judgment, assertion). Using the various biconditional T-schemas to sanction the general passage from assertions to (equivalent) assertions of truth, we then suggest that an illocutionary analysis of truth can contribute to its locutionary analysis as well, including the analysis of diverse constructions involving alethic terms that have been largely overlooked in the philosophical literature. Finally, we briefly indicate the importance of distinguishing between alethic and epistemic modalities. (shrink)

In the previous article the hermeneutical approach to ethics was outlined. In my presentation, I would like to illustrate further the methodological consequences of this approach by using two points in contemporary applied ethics. The question is: to what extent is the hermeneutical approach casuistically applicable. We start with the presupposition that the hermeneutical approach does not offer answers to the question of current applied ethics — namely, to the question of what is or is not acceptable in a particular (...) problem situation — but rather, intends to clarify our moral, i.e. normative, response to problem situations. It tries to offer a precise articulation of the normative components of a successful moral decision, without presuming its detailed result. Hermeneutical ethics harks back to conceptual possibilities from the philosophical tradition to clarify the fundamental problem posed by current moral casuistry, and this for two reasons. The first is the idea that these traditional concepts are still at work in our experience and speech, such that, in taking up the tradition, the structure of our present experience is highlighted. The second is the idea that our present experience has moved away from this tradition on certain important points, such that a confrontation with these other possibilities can reveal the recent and relative character of what seems self-evident. To start with, I would like to examine the recent discussions in the media on postmenopausal pregnancy, in particular the argument that a pregnancy resulting from a medical treatment of these ‘older mothers’ is unnatural. Appealing to nature has come into discredit in ethics and in public discussions. Yet, I will defend the position that the notion of naturalness is still part of our moral experience. In other words, when we abandon any appeal to the moral significance of our biological nature, we are no longer able to express essential aspects of our moral experience. This, however, does not deny that the moral meaning of nature needs to be rethought and more accurately articulated; the appeal to nature is not obvious. At the end of my presentation, I will show that an appeal to nature also has a role to play in the recent discussions on cloning human embryos. (shrink)

In recent years there has been an explosion of philosophical work on blame. Much of this work has focused on explicating the nature of blame or on examining the norms that govern it, and the primary motivation for theorizing about blame seems to derive from blame’s tight connection to responsibility. However, very little philosophical attention has been given to praise and its attendant practices. In this paper, I identify three possible explanations for this lack of attention. My goal is to (...) show that each of these lines of thought is mistaken and to argue that praise is deserving of careful, independent analysis by philosophers interested in theorizing about responsibility. (shrink)

Why does knowledge matter? Two answers have been influential in the recent literature. One is that it has value: knowledge is one of the goods. Another is that it plays a significant normative role: knowledge is the norm of action, belief, assertion, or the like. This paper discusses whether one can derive one of the claims from the other. That is, whether assuming the idea that knowledge has value — and some defensible general hypotheses about norms and values —, (...) we could derive the claim that it plays the alleged normative role. Or whether, assuming that knowledge does play that role — and some defensible general hypotheses —, we could derive the claim that it has value. It argues that the route from Value to Norms is unsuccessful. The main problem here is that the idea that knowledge has value does not seem enough to derive the idea that one should act on what one knows. It finds the route from Norms to Value more promising, though a complete path is missing. The main idea here is that knowledge is good because it is normatively required to do good things, such as believing the truth and acting in view of true propositions. But since not all normative conditions for doing something good is itself good, we still lack an explanation of why knowledge would be so. The paper finally suggests an alternative perspective, on which we do not try to derive the idea that knowledge has value from its normative role, but rather use its normative role to explain away the idea that it has value. (shrink)

I examine the epistemic import of collaborative research in science. I develop and defend a functional explanation for its growing importance. Collaborative research is becoming more popular in the natural sciences, and to a lesser degree in the social sciences, because contemporary research in these fields frequently requires access to abundant resources, for which there is great competition. Scientists involved in collaborative research have been very successful in accessing these resources, which has in turn enabled them to realize the epistemic (...) goals of science more effectively than other scientists, thus creating a research environment in which collaboration is now the norm. (shrink)

The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law forbids and is (...) otherwise left ’free’ without interference and coercion. For Montesquieu, liberty is a positively elaborated ideal with normative demands and a set of “necessary relations” that citizens must form. The result is that a life of liberty is defined in a significant way by the laws that bind a citizen because liberty is not the freedom to construct different ways of life, but the freedom to live securely within a particular way of life. I highlight this overlooked feature of The Spirit of the Laws by mobilizing Aron, Althusser and Durkheim’s work on the law in Montesquieu to draw out the implications of Montesquieu’s notion of law for liberty. (shrink)

Existing interpretations of Kant’s appeal to the spontaneity of the mind focus almost exclusively on the discussion of pure apperception in the Transcendental Deduction. The risk of such a strategy lies in the considerable degree of abstraction at which the argument of the Deduction is carried out: existing interpretations fail to reconnect adequately with any ground-level perspective on our cognitive lives. This paper works in the opposite direction. Drawing on Kant’s suggestion that the most basic picture we can have of (...) our cognitive capacity already makes reference to its state of excellence, or health (“sound understanding”), I set out by assembling Kant’s normative ground-level view of our cognitive lives, and then search for the fundamental condition of its possibility. This leads me to Kant’s conception of reflection as a normative requirement of judgment. Through examination of Kant’s remarks on reflection, I connect Kant’s preoccupation with the enlightenment ideal of originality (thinking for oneself) with his central appeal to the spontaneity of the mind. (shrink)

The normative force of evidence can seem puzzling. It seems that having conclusive evidence for a proposition does not, by itself, make it true that one ought to believe the proposition. But spelling out the condition that evidence must meet in order to provide us with genuine normative reasons for belief seems to lead us into a dilemma: the condition either fails to explain the normative significance of epistemic reasons or it renders the content of epistemic (...) norms practical. The first aim of this paper is to spell out this challenge for the normativity of evidence. I argue that the challenge rests on a plausible assumption about the conceptual connection between normative reasons and blameworthiness. The second aim of the paper is to show how we can meet the challenge by spelling out a concept of epistemic blameworthiness. Drawing on recent accounts of doxastic responsibility and epistemic blame, I suggest that the normativity of evidence is revealed in our practice of suspending epistemic trust in response to impaired epistemic relationships. Recognizing suspension of trust as a form of epistemic blame allows us to make sense of a purely epistemic kind of normativity the existence of which has recently been called into doubt by certain versions of pragmatism and instrumentalism. (shrink)

Abstract: This article presents a model of self-improving AI in which improvement could happen on several levels: hardware, learning, code and goals system, each of which has several sublevels. We demonstrate that despite diminishing returns at each level and some intrinsic difficulties of recursive self-improvement—like the intelligence-measuring problem, testing problem, parent-child problem and halting risks—even non-recursive self-improvement could produce a mild form of superintelligence by combining small optimizations on different levels and the power of learning. Based on this, we (...) analyze how self-improvement could happen on different stages of the development of AI, including the stages at which AI is boxed or hiding in the internet. (shrink)

In one of the earlier influential papers in the field of experimental philosophy titled Normativity and Epistemic Intuitions published in 2001, Jonathan M. Weinberg, Shaun Nichols and Stephen Stich reported that respondents answered Gettier type questions differently depending on their ethnic background as well as socioeconomic status. There is currently a debate going on, on the significance of the results of Weinberg et al. (2001) and its implications for philosophical methodology in general and epistemology in specific. Despite the debates, (...) however, to our knowledge, there has not been a replication attempt of the experiments of the original paper. We collected data from four different sources (two on-line and two in-person) to replicate the experiments. Despite several different data sets and in various cases larger sample sizes and hence greater power to detect differences, we failed to detect significant differences between the above-mentioned ethnic and socioeconomic groups. Our results suggest that epistemic intuitions are more robust across ethnic and socioeconomic groups than Weinberg et al. (2001) indicates. Given our data, we believe that the notion of differences in epistemic intuitions among different ethnic and socioeconomic groups that follows from Weinberg et al. (2001) needs to be corrected. (shrink)

I propose that shock can be morally significant independently of its consequences but only as part of an ongoing commitment to certain norms, in particular norms that constitute recognizing another as a person. When we witness others in agony, or being severely wronged, or when we ourselves severely wrong or mistreat others, our shock can reflect our recognition of them as persons, a recognition constituted by our commitment to certain moral norms. However, if we do not in fact respond to (...) the suffering or wrong in accordance with these norms—if, for example, we do not act to relieve their suffering or to properly address the wrong done, and do not avoid or prevent its recurrence—then our commitment to the relevant norms is undermined. When we consistently violate the norms whose violation initially shocked us, our lingering shock upon repeated violations gradually loses its significance and becomes a mere impulse—a fossil of a past commitment, so to speak—before it disappears completely. The failure to be shocked in such instances marks the failure of our moral commitments, which is the failure to recognize others as persons. (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)

If an ethical theory sometimes requires that agents be motivated by features other than those it advances as justifications for the rightness or wrongness of actions, some consider this type of self-effacement to be a defeater from which no theory can recover. Most famously, Michael Stocker argues that requiring a divided moral psychology in which reasons are partitioned from motives would trigger a “malady of the spirit” for any agent attempting to live according to the prescriptions of modern ethical theories. (...) Stocker’s argument is tremendously influential, and the fact that he specifically links modern ethical theories to self-effacement leads advocates of virtue ethics to presume that their view is immune to the problem of self-effacement and that this immunity gives virtue ethics an advantage over its contemporary rivals. This immunity has been challenged by Thomas Hurka and Simon Keller, who maintain that virtue ethics is equally as vulnerable to the charge of self-effacement as its modern counterparts. I argue in this paper that recent attempts to reply to Hurka and Keller are not successful. Specifically, I argue that recent attempts to immunize virtue ethics from self-effacement do not adequately address the challenge from Keller that virtue ethics can only escape from self-effacement via measures that are also available to modern theories. Thus, even if virtue ethics can avoid self-effacement, one must give up the claim that virtue ethics is uniquely immune to self-effacement compared to its modern rivals. I close by noting that my aim is not to argue that virtue ethics is deficient in this respect. Instead, I suggest that advocates of virtue ethics ought to consider the possibility that self-effacement is a tolerable psychological challenge for any ethical theory that requires agents to reflect on the substantive normative guidance it provides. (shrink)

Given the endowment effect, the role of attention in decision-making, and the framing effect, most behavioral economists agree that it would be a mistake to accept the satisfaction of revealed preferences as the normative criterion of choice. Some have suggested that what makes agents better off is not the satisfaction of revealed preferences, but ‘true’ preferences, which may not always be observed through choice. While such preferences may appear to be an improvement over revealed preferences, some philosophers of economics (...) have argued that they face insurmountable epistemological, normative, and methodological challenges. This article introduces a new kind of true preference – values-based preferences – that blunts these challenges. Agents express values-based preferences when they choose in a manner that is compatible with a consumption plan grounded in a value commitment that is normative, affective, and stable for the agent who has one. Agents who choose according to their plans are resolute choosers. My claim is that while values-based preferences do not apply to every choice situation, this kind of preference provides a rigorous way for thinking about classic choice situations that have long interested behavioral economists and philosophers of economics, such as ‘Joe-in-the-cafeteria.’. (shrink)

Part of John Andrew Rice’s legacy, besides being a founder of Black Mountain College, is his vision of what a small liberal arts college curriculum should be. This vision helps shed light on some possible avenues by which to answer the following important questions: What implications do John Dewey’s progressive educational ideas have for experimenting with curricular design at small colleges? Does the college teacher’s struggle for improvement or growth depend on her having a belief that there is (...) an ideal liberal arts college curriculum? Probably the best known of such ready-made curricula is the Great Books Program, which employs a list of classic primary-source texts as the entry point into highly engaged dialogue, scholarship and learning guided by a teacher or tutor. In order to answer these questions, the paper turns to the historical debate between John Dewey and Robert Maynard Hutchins over the relative merits of progressive educational ideals and the Great Books approach. Most who have commented on this debate emphasize the differences between Dewey and Hutchins’ views.[ii] While Dewey emphasized learning through practical problem solving, in a dynamic mix of subject matter and method, Hutchins stressed exposure to and discussion of at least one-hundred primary texts in the Western canon, from Plato and Aristotle to Emerson and J.S. Mill. Hutchins resisted what he saw as the progressive educator’s push to transform the proper end of educating the whole person into training her for a particular vocation. In response, Dewey criticized Hutchins’ insistence that there existed a “hierarchy of truths” and that higher learning should remain aloof to the concerns of everyday life. Few commentators, however, mention the significant areas of agreement between the pedagogical approaches of Dewey and Hutchins, as well as other Great Books scholars. Since Rice praised the ideas of at least one Great Books proponent (Stringfellow Barr of St. John’s College), a more positive reconstruction of the Dewey-Hutchins exchange helps us to see how Dewey’s ideas informed Rice’s vision for the experimental college at Black Mountain—or so I argue.[iii]. (shrink)

AI systems have often been found to contain gender biases. As a result of these gender biases, AI routinely fails to adequately recognize the needs, rights, and accomplishments of women. In this article, we use Axel Honneth’s theory of recognition to argue that AI’s gender biases are not only an ethical problem because they can lead to discrimination, but also because they resemble forms of misrecognition that can hurt women’s self-development and self-worth. Furthermore, we argue that Honneth’s theory of recognition (...) offers a fruitful framework for improving our understanding of the psychological and normative implications of gender bias in modern technologies. Moreover, our Honnethian analysis of gender bias in AI shows that the goal of responsible AI requires us to address these issues not only through technical interventions, but also through a change in how we grant and deny recognition to each other. (shrink)

If you ought to perform a certain act, and some other action is a necessary means for you to perform that act, then you ought to perform that other action as well – or so it seems plausible to say. This transmission principle is of both practical and theoretical significance. The aim of this paper is to defend this principle against a number of recent objections, which (as I show) are all based on core assumptions of the view called (...) actualism. I reject actualism, provide an alternative explanation of its plausible features, and present an independent argument for the transmission principle. (shrink)

DARWIN’s (1859, 1871) discoveries have profound ethical implications that continue to be misrepresented and/or ignored. In contrast to socialdarwinistic misuses of his theory, Darwin was a great humanitarian who paved the way for an integrated scientific and ethical world view. As an ethical doctrine, socialdarwinism is long dead ever since its defeat by E. G. Moore although the socialdarwinistic thought is a hard-die in the biological community. The accusations of sociobiology for being socialdarwinistic are unfounded and stem from the moralistic (...) fallacy that is, a false assumption that morality is good by definition. Both social and developmental psychology demonstrate that the moral agency is a motivational device for executing reciprocity that remains at the core of any morality across all studied societies and throughout the ontogeny of moral judgment. The level of true universalizing ethical reflection (KOHLBERG’s postconvential stages or GIBBS’s existential phase) is achieved by a small minority of humans, thus showing that Homo sapiens is a moral but not an ethical animal. While the origin of reciprocity has been perfectly explained by sociobiology, the evolutionary assembly of affective and cognitive elements that make up the moral agency is being successfully studied by the social/personality/developmental psychology as extended to non-human primates. As DARWIN (1871) expected, the key innovation for the evolution of moral agency was the emergence of empathy that evolved independently at least three times: in elephants, dolphins and primates. Empathy has a motivational power of its own; it is also necessary for moral agency that requires two cognitive abilities: reflective self-consciousness and understanding of causality; the two make possible the attribution of responsibility. All these requirements are met by the chimpanzees whose moral agency operates in dyads. In contrast, the human moral agency allows for a third party intervention that opens up vast opportunities for ideologies, especially religions, to use and misuse the moral agency to enforce a reciprocation that may be harmful to both individuals and the entire group. Also, the moral agency is known to enforce enhanced intragroup cohesion and loyalty in response to conflict and war, which suggests that the two prima facie opposed human universals, morality and warfare, may have coevolved. The most important ethical consequence that follows from the increasing understanding of the primate moral agency is that every received morality is ethically flawed, none can be taken as a paragon of goodness, and each needs corrections by science-informed ethics. In fact, Darwin pioneered the integration of science and ethics, an approach that has come to be appreciated only recently under the heading of consilience. (shrink)

I argue that the evolutionary history of anger has substantive implications for normative ethics. In the process, I develop an evolutionary account of anger and its influence on action. First, I consider a prominent argument by Peter Singer and Joshua Greene. They conclude that evolutionary explanations of human cooperation debunk – or undercut the evidential value of – the moral intuitions supporting duty ethics (as opposed to utilitarian or consequentialist ethics). With this argument they aim to defend consequentialist theories. (...) However, their argument also threatens to debunk intuitions that support consequentialist theories. I give a novel argument that overcomes this difficulty. Specifically, I offer an evolutionary story about anger that can explain retributive, duty-oriented intuitions concerning punishment. This explanation debunks these intuitions (and not others) by showing that they were selected for their biological consequences rather than their accuracy (concerning duties to punish). I develop this explanation by raising and resolving three additional problems. First, prominent evolutionary explanations of retributive motives fail because they appeal to models that apply only to organisms with strategic insight. To mitigate this problem, I explain the existence of a retributive-like motive in rodents by appealing to an economic model of resource competition, which applies to organisms without strategic insight. Second, I show that human anger was shaped by resource competition of this kind. To do so, I develop evidential criteria to determine when psychological systems in different species share common evolutionary origins. I deploy these criteria to argue that human anger and the retributive motive in rodents derive from the same ancestral trait. Finally, the continuity of anger across human and nonhuman animals stands in tension with the idea that anger causes purposive behavior like retribution or retaliation. I argue that differences between the angry behaviors of human and nonhuman animals are differences in degree and not in kind. In the end, this evolutionary story both explains and undermines retributive intuitions, but not in the straightforward way that Singer and Greene suppose. (shrink)

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