Whether nature is valuable on its own (intrinsic values) or because of the benefits it provides to humans (instrumental values) has been a long-standing debate. The concept of relational values has been proposed as a solution to this supposed dichotomy, but the empirical validation of its intuitiveness remains limited. We experimentally assessed whether intrinsic/relational values of sentient beings/non-sentient beings/ecosystems better explain people’s sense of moral duty towards global nature conservation for the future. Participants from a representative sample of (...) the population of Singapore (n = 1508) were randomly allocated to two “the last human” scenarios. We found that the best predictor of such a sense of moral duty for future nature conservation is the recognition of the intrinsic values of sentient beings. Our results suggest that the concern for animal welfare may enhance rather than compete with the sense of moral duty towards nature conservation. (shrink)

Individuals sometimes pass their duties on to collectives, which is one way in which collectives can come to have duties. The collective discharges its duties by acting through its members, which involves distributing duties back out to individuals. Individuals put duties in and get (transformed) duties out. In this paper we consider whether (and if so, to what extent) this general account can make sense of states' duties. Do some of the duties we typically take states to have come (...) from individuals having passed on certain individual duties? There are complications: states can discharge their duties by contracting fulfilment out to non-members; states seem able to dissolve the duties of non-members; and some of states' duties are not derived in this way. We demonstrate that these complicate, but do not undermine, the general account and its application to states. And the application has an interesting upshot: by asking which individuals robustly participate in this process of duty transfer-and-transformation with a given state, we can begin to get a grip on who counts as a member of that state. (shrink)

Mary Wollstonecraft argues that women must be independent citizens, but that they cannot be that unless they fulfill certain duties as mothers. This is problematic in a number of ways, as argued by Laura Brace in a 2000 article. However, I argue that if we understand Wollstonecraft's concept of independence in a republican, rather than a liberal context, and at the same time pay close attention to her discussion of motherhood, a feminist reading of Wollstonecraft is not only possible but (...) enriching. I will attempt to show, in particular, that the seeds of a feminist argument for co-parenting are to be found in the Vindication of the Rights of Woman. (shrink)

Concepts of “self” and “right” in three civilizations: primarily Confucian and ancient Greek, with references to Aristotle’s medieval Christian commentators; Uses the classical Greek and Chinese traditions’ common incompatibility with modern liberal notion of “right” to explore the commonalities between them, and on that basis endeavors to connect the East to the West with a “right” that could better harmonize the self with society, right with duty, and negative with positive freedom.

The paper defends the thesis that our epistemic duty is the duty to proportion our beliefs to the evidence we possess. An inclusive view of evidence possessed is put forward on the grounds that it makes sense of our intuitions about when it is right to say that a person ought to believe some proposition P. A second thesis is that we have no epistemic duty to adopt any particular doxastic attitudes. The apparent tension between the (...) two theses is resolved by applying the concept of duty to belief indirectly. (shrink)

Moral duties are regularly attributed to groups. Does this make conceptual sense or is this merely political rhetoric? And what are the implications for these individuals within groups? Collins outlines a Tripartite Model of group duties that can target political demands at the right entities, in the right way and for the right reasons.

Many regard Kant’s account of the highest good as a failure. His inclusion of happiness in the highest good, in combination with his claim that it is a duty to promote the highest good, is widely seen as inconsistent. In this essay, I argue that there is a valid argument, based on premises Kant clearly endorses, in defense of his thesis that it is a duty to promote the highest good. I first examine why Kant includes happiness in (...) the highest good at all. On the basis of a discussion of Kant's distinction between 'good' and 'pleasant', and in light of his methodological comments in the second chapter of the Critique of Practical Reason, I explain how Kant’s conception of the good informs his conception of the highest good. I then argue that Kant's inclusion of happiness in the highest good should be understood in light of his claim that it is a duty to promote the happiness of others. In the final section of this essay, I reconstruct Kant’s argument for the claim that it is a duty to promote the highest good and explain in what sense this duty goes beyond observance of the Categorical Imperative. (shrink)

In this chapter, we turn our attention to the effects of the attention economy on our ability to act autonomously as a group. We begin by clarifying which sorts of groups we are concerned with, which are structured groups (groups sufficiently organized that it makes sense to attribute agency to the group itself). Drawing on recent work by Purves and Davis (2022), we describe the essential roles of trust (i.e., depending on groups to fulfill their commitments) and trustworthiness (i.e., (...) the property of a group that makes trusting them fitting) in autonomous group action, with particular emphasis on democratic institutions (which we view as group agents) and democratic legitimacy (which depends on trust and trustworthiness). We then explain how engagement maximization promotes polarization, which is detrimental to trust and trustworthiness and, in turn, democratic legitimacy and democratic institutions. We close by considering what groups might do to protect themselves from the threat posed to them by the attention economy. (shrink)

I aspire to answer two questions regarding the concept of a corrective duty. The first concerns what it means to wrong others, thus triggering a demand for corrections (the ground question). The second relates to the proper content of corrective duties. I first illustrate how three prominent accounts of corrective duties—the Aristotelian model of correlativity, the Kantian idea that wronging corresponds to the violation of others’ right to freedom, and the more recent continuity view—have failed to answer the two (...) questions satisfactorily. I then introduce my proposal, which holds that we wrong others when we fail to treat their status as moral agents as a source of stringent constraints on our action. I call it the moral neglect account. Once we have identified a common aim of corrective duties (counterbalancing moral neglect), we can fill their content in the various contexts in which wronging has occurred. I conclude by observing that it is not the primary role of corrective justice to assign responsibilities for damage reparations; in fact, requests for compensation make more sense if framed in distributive rather than corrective terms. (shrink)

Thomas Pogge has argued, famously, that ‘we’ are violating the rights of the global poor insofar as we uphold an unjust international order which provides a legal and economic framework within which individuals and groups can and do deprive such individuals of their lives, liberty and property. I argue here that Pogge’s claim that we are violating a negative duty can only be made good on the basis of a substantive theory of collective action; and that it can only (...) provide substantive ethical guidance when combined with an account of how collective action gives rise to forward-looking responsibility and/or accountability on an individual level. I consider accounts of these two topics given in work by Peter French and Christopher Kutz; and I argue that neither of them give Pogge what he needs. Although there is a sense in which 'we' can be said to be violating the rights of the worst off, the sense in which this is true does not generate any plausible action-guiding claims for individuals. (shrink)

Abstract: This study aimed to analyze the relationship between the determinants of organizational justice and altruistic behavior from the point of view of the police officers in Gaza Strip. The study relied on the descriptive and analytical approach, using the questionnaire, and targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers, and the study tool was distributed to the sample members in all departments and governorates Police (...) in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%). The study found the existence of a positive correlation between the determinants of organizational justice and altruistic behavior, and the study also found the existence of organizational justice in general in a moderate degree and the order of its determinants was as follows: fairness of dealings and to a large degree, followed by fairness of procedures and a medium degree, and finally, distribution fairness was to a small degree, as for altruistic behavior. It came to a large extent. There are statistically significant differences between the respondents ’average response to the researched relationship due to the variables (Type Of Administration, Age Group, Job Title, Military Rank, and Years of Service). Taking into account the fairness of distribution by providing appropriate and fair salaries, granting bonuses for the additional efforts exerted, and budgeting in the distribution of duties and job burdens, and paying attention to the interests of employees when making decisions and involving them in formulating them, explaining their justifications, and considering altruistic behavior as a value, and the creation of an organizational climate dominated by a sense of justice, because of its prominent role in stability, calm and discipline at work, and thus the elevation of the police institution and the achievement of its desired goals. (shrink)

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

In order for states to fulfil (many of) their moral obligations, costs must be passed to individuals. This paper asks how these costs should be distributed. I advocate the common-sense answer: the distribution of costs should, insofar as possible, track the reasons behind the state’s duty. This answer faces a number of problems, which I attempt to solve.

Abstract: Purpose - This study aimed to analyze the relationship between the determinants of organizational justice and their relationship to conscientious behavior from the point of view of officers working in the Palestinian police in Gaza Strip. Methodology - The study relied on the descriptive and analytical approach, using the questionnaire, targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers. The study tool was distributed among the (...) sample members in all departments and governorates. Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%). Findings - The existence of a positive correlation between the determinants of organizational justice and the behavior of conscience, and the existence of organizational justice in general in a medium degree and the order of its determinants is as follows: fairness of dealings and to a large degree, followed by fairness of procedures and a medium degree, and finally distribution fairness was to a small degree, while the behavior of conscience awareness came to a large extent. Significance - The existence of statistically significant differences between the respondents' averages of responding to the searched relationship due to the variables (type of administration, age group, job title, military rank, years of service). Recommendations - Work to take into account the fairness of distribution by providing adequate and fair salaries, granting bonuses for the additional efforts exerted, and budgeting in the distribution of duties and job burdens, as well as recommending attention to the interests of employees when making decisions and involving them in formulating them, explaining their justifications, and creating an organizational climate dominated by a sense of justice. (shrink)

Hallucinations occur in a wide range of organic and psychological disorders, as well as in a small percentage of the normal population According to usual definitions in psychology and psychiatry, hallucinations are sensory experiences which present things that are not there, but are nonetheless accompanied by a powerful sense of reality. As Richard Bentall puts it, “the illusion of reality ... is the sine qua non of all hallucinatory experiences” (Bentall 1990: 82). The aim of this paper is to (...) find out what lends an experience ‘a sense of reality’: what features are required for an experience to feel ‘real’, in the relevant sense? I will investigate the claim that phenomenological features are largely responsible for a sense of reality, and will find this claim wanting. My suggestion is that a sense of reality is created and sustained by the larger nexus of the subject's beliefs. (shrink)

Supererogatory acts—good deeds “beyond the call of duty”—are a part of moral common sense, but conceptually puzzling. I propose a unified solution to three of the most infamous puzzles: the classic Paradox of Supererogation (if it’s so good, why isn’t it just obligatory?), Horton’s All or Nothing Problem, and Kamm’s Intransitivity Paradox. I conclude that supererogation makes sense if, and only if, the grounds of rightness are multi-dimensional and comparative.

The biomedical literature makes extensive use of the concept of a genetic program. So far, however, the nature of genetic programs has received no satisfactory elucidation from the standpoint of computer science. This unsettling omission has led to doubts about the very existence of genetic programs, on the grounds that gene regulatory networks lack a predetermined schedule of execution, which may seem to contradict the very idea of a program. I show, however, that we can make perfect sense of (...) genetic programs, if only we abandon the preconception that all computers have a von Neumann architecture. Instead, genetic programs instantiate the computational architecture of Post–Newell Production Systems. That is, genetic programs are unordered sets of conditional instructions, instructions that fire independently when their conditions are matched. For illustration I present a paradigm Production System that regulates the functioning of the well-known lac operon of E. coli. On close reflection it turns out that not only genes, but also proteins encode instructions. I propose, therefore, to rename genetic programs to biomolecular programs. Biomolecular and/or genetic programs, and the cellular computers than run them, are to be understood not as von Neumann computers, but as Post–Newell production systems. (shrink)

One main kind of etiological challenge to the well-foundedness of someone’s belief is the consideration that if you had a different education/upbringing, you would very likely accept different beliefs than you actually do. Although a person’s religious identity and attendant religious beliefs are usually the ones singled out as targets of such “contingency” or “epistemic location” arguments, it is clear that a person’s place and time has a conditioning effect in all domains of controversial views, and over all of what (...) in the epistemology of disagreement are termed our nurtured beliefs. Still, given the absolutism that has often attended religious truth claims, together with the great contrariety of teachings based upon purported divine revelation, arguments from contingency have often been presented as having special force against religious ‘enthusiasts.’ Chapter Two argues that if we are to explicate the force of problems of religious luck, we need to think more carefully about the scope and force of skeptical arguments of this general type. Contingency problems are not often considered serious objections to faith, since there are narrative theological explanations about differences between “home” and “alien” religious traditions, which any adherent of a particular tradition might appeal to. But what I term the New Problem tries to present a qualified and re-focused set of concerns, rather than a sweeping sort of skepticism. First, I carefully delimit the scope of the de jure challenge which the contingency and insensitivity of belief suggests. In general terms, a de jure challenge implicates dereliction of epistemic duty, intellectual viciousness, or some other sense of epistemic unacceptability to some target class of religious belief, narrow or broad (Plantinga 1995). Next, I redirect that challenge through a new thought experiment aimed at clarifying how the mind-set of religious exclusivism is enabled only through counter-inductive or “pattern-breaking” thinking. Much more focused than any overbroad argument from continency, the New Problem of religious luck is presented as a strong de jure challenge to the reasonableness of religious exclusivist a) conceptions of faith and b) responses to religious multiplicity. (shrink)

Justice and Libertarianism The term ‘justice’ is commonly used in several different ways. Sometimes it designates the moral permissibility of political structures (such as legal systems). Sometimes it designates moral fairness (as opposed to efficiency or other considerations that are relevant to moral permissibility). Sometimes it designates legitimacy in the sense of it being morally impermissible for others to interfere forcibly with the act or omission (e.g., my failing to go to dinner with my mother may be wrong but (...) nonetheless legitimate). Finally, sometimes it designates what we owe each other in the sense of respecting everyone’s rights. Of course, these notions are closely related. What we owe each other may, but need not, be partly based on issues of fairness. Legitimacy and permissibility of political structures are largely, but perhaps not entirely, determined by what rights of non-interference individuals have. Nonetheless, these are distinct notions and we shall focus only on what we owe each other. Justice as what we owe each other is not concerned with impersonal duties (duties owed to no one, i.e., that do not correspond to anyone’s rights). If there are impersonal duties, then something can be just but nonetheless morally impermissible. For brevity, we shall often write of actions being permissible or agents having a moral liberty, but this should always be understood in the interpersonal sense of violating no one’s rights. Libertarianism is sometimes advocated as a derivative set of rules (e.g., derived from rule utilitarian or contractarian doctrines). Here, however, we reserve the term for the natural rights doctrine that agents initially fully own themselves. Agents are full self-owners just in case they own themselves in precisely the same way that they can fully own inanimate objects. Stated slightly differently, full self-owners own themselves in the same way that a full chattel-slaveowner owns a slave. Throughout, we are concerned with moral ownership and not legal ownership.. (shrink)

The concept of supererogation is strictly correlated with duty, since its peculiar value is defined by acts that go beyond our regular obligations. This paper highlights the importance of proximity (relational closeness) in allowing the proper theoretical space to supererogation. As a matter of fact if we broaden our sense of duty, the possibility to perform supererogatory acts correspondingly decreases. Special obligations emphasize how difficult acts of supererogation are to perform if we stand in some morally-relevant special (...) position with the recipient of our acts. Thus, we can conclude that the relationship between the agent and the recipient of the act (proximity) plays an important role both for our sense of duty (generating special obligations) and for the possibility of performing supererogatory acts. Furthermore, this analysis brings attention to the fact that whenever an act is supererogatory, it cannot, at the same time, be a special obligation (and vice versa). As a consequence, if proximity plays such a role, an objection to the possibility of self-regarding supererogation can be made. (shrink)

Significant disagreement remains in ethics about the duties we have towards wild animals. This paper aims to mediate those disagreements by exploring how they are supported by, or diverge from, the common-sense ethical principles of non-maleficence, beneficence, autonomy and justice popular in medical ethics. We argue that these principles do not clearly justify traditional conservation or a ‘hands-off ’ approach to wild-animal welfare; instead, they support natural negative duties to reduce the harms that we cause as well as natural (...) positive duties to promote the welfare of wild animals. (shrink)

This study aimed to measure the reality of the determinants of organizational justice from the point of view of the police officers in Gaza Strip, and this study comes to study the reality of human resources and their organizational behavior in the police apparatus, which is the largest security services operating in Gaza Strip, so it is expected that this study will contribute to upgrading In this aspect, to be reflected positively on serving the country and the citizen and achieving (...) security and safety for them. The study relied on the descriptive and analytical approach, using the questionnaire, and targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers, and the study tool was distributed to the sample members in all departments and governorates Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%), and they were analyzed using (SPSS) software. The study found the existence of organizational justice in general in a medium degree and the order of its determinants was as follows: fairness of transactions and to a large degree, followed by fairness of procedures and a medium degree, and finally the fairness of distribution was to a small degree (Type of management, age group, job title, military rank, years of service). The study recommended working on observing the fairness of distribution by providing adequate and fair salaries, granting bonuses for the extra efforts exerted, budgeting in the distribution of duties and job burdens, and creating an organizational climate in which a sense of justice prevails, because of its prominent role in stability, calm and discipline at work, and thus the elevation of the institution Policing and achieving its desired goals. (shrink)

Starting from the problem of tolerance in a multicultural society, the author undermines the limits of a classical‐liberal foundation (negative tolerance) and suggests the need for a new meaning: a positive concern of tolerance implying appreciation of a variety of social cultures and value traditions. On an ethical level, positive tolerance can be grounded in the Discourse Theory, developing the classical Kantian deontological ethics in a transcendental‐pragmatic and in a transcendental‐hermeneutic sense. In this way, discourse ethics can answer two (...) questions posed by tolerance in a multicultural society: the duty to support all in the pursuit of their ideals and realize positive tolerance as well as its restrictions. (shrink)

The foundation of every society is the result of an arbitrary act: one of its parts takes control over the rest and (re)makes the world in its own image. Any sort of tribal, theocratic, feudal, political dimension in the history of our civilisation has indeed shaped reality according to its peculiar needs and aims, by means of a system of thought that could justify its permanence in time. The creation of artificial needs requires a distorted perception of inherent threshold values; (...) otherwise, Debord says, we wouldn't be the well-oiled cogs we're expected to be in the machinery of the system. The list of our natural needs is indeed quite short: only a few biological functions and a couple of psychophysical drives to be satisfied when necessary, such as sex and sociality. As a matter of fact, it doesn't take much for a human being to survive. Modern society can't afford to accept the concept of 'strictly necessary' though, not after its very existence became anachronistic and even threatening to a world ruled by the market-a world that needs buyers and consumers in order to survive. What Debord clearly points out is indeed the fake sense of freedom in our choices, the great lie presiding over our lives as consumers-a surrogate freedom that was bestowed upon us as yet another commodity. Even our dirtiest excesses are fed their daily fix of filth by the market; as long as our kinks imply some sort of purchase, we'll always find an industry willing to satisfy them. a use of the commodity arises that is sufficient unto itself; what this means for the consumer is an outpouring of religious zeal in honor of the commodity's sovereign freedom. waves of enthusiasm for particular products, fueled and boosted by the communications media, are propagated with lightning speed. a film sparks a fashion craze, or a magazine launches a chain of clubs that in turn spins off a line of products. the sheer fad item perfectly expresses the fact that, as the mass of commodities becomes more and more absurd, absurdity becomes a commodity in its own right... The spectacle is the moment when the commodity has attained the total occupation of social life. Not only is the relation to the commodity visible but it is all one sees: the world one sees is its world. Modern economic production extends its dictatorship extensively and intensively. In the least industrialized places, its reign is already attested by a few star commodities and by the imperialist domination imposed by regions which are ahead in the development of productivity. In the advanced regions, social space is invaded by a continuous superimposition of geological layers of commodities. At this point in the \"second industrial revolution,\" alienated consumption becomes for the masses a duty supplementary to alienated production. (shrink)

For the more than a decade, I have advanced an account of what makes persons, animals, and other beings entitled to moral treatment for their own sake that is informed by characteristically African ideas about dignity, a great chain of being, and community. Roughly according to this account, a being has a greater moral status, the more it is capable of communing (as a subject) or of us communing with it (as an object). I have mainly argued that this characteristically (...) African and relational approach to moral status is a better account than salient Western approaches, especially individualist views associated with utilitarianism and Kantianism. Over the years, several commentators have raised criticisms of my approach, including that it objectionably: entails that we may rightly dominate mentally incapacitated human beings; prioritizes mentally incapacitated human beings over animals with similar cognitive abilities without sufficient justification; entails that intelligent aliens lack moral status; cannot make sense of our duties towards the dead; and is unable to account for the standing of species as distinct from their members. In this chapter I provide a comprehensive response to these and related objections, defending the initial account as an attractive way to understand what makes a being matter morally for non-instrumental reasons. (shrink)

My dissertation aims to shed light on the importance and distinctive nature of intimate relationships such as parent-child relationship and friendship by developing my own version of a virtue-ethical approach. -/- In Chapter 1, I critically examine important contemporary Western theories of filial piety and argue that they do not adequately capture the nature of a desirable parent-child relationship and filial piety. -/- In Chapter 2, I show why the duty-centered approach to filial piety is inadequate focusing on why (...) it fails to make sense of filial love and argue that filial piety is better understood as a virtue by showing how it can do justice to the normative significance of filial love. -/- In Chapter 3, I introduce what I call ‘gratitude for being’ to capture the distinctive type of gratitude we owe to people who have consistent and particularized care for us, especially our parents. I argue that the idea of gratitude for being can best make sense of deep gratitude typically found among intimates who care for each other. -/- In Chapter 4, I introduce what I call ‘relational virtues,’ which are virtues required for the participants of a given type of personal relationship and argue that it offers a valuable resource for answering questions concerning the value of intimate personal relationships. Next, I propose my own relational virtue theory of filial piety. -/- In Chapter 5, I discuss several aspects of the Confucian conception of filial piety—early filial piety, the close connection between self-cultivation and filial piety, and postmortem filial piety—and show how my relational virtue theory can defend and make sense of them. Lastly, I show how my view of filial piety is different from the Confucian view, or at least a version of it. -/- In Chapter 6, I discuss the virtue of friendship as a relational virtue and show how it can make sense of the nature and value of friendship. In particular, I show why the virtue of friendship is distinct from general virtues such as benevolence or generosity and why it is morally important to have this virtue. -/- Finally, in Chapter 7, I propose what I call ‘relational activity view’ on partiality. After critically examining existing views on partiality, I suggest a picture of how special values are transformed, delivered, and created within intimate relationships. -/- . (shrink)

In this article, I address the issue of whether we have an obligation to remember past immoral actions. My central question is: do we have an obligation to remember past moral transgressions? I address this central question through three more specific questions. In the first section, I enquiry whether we have an obligation to remember our own past transgressions. In the second section, I ask whether we have an obligation to remember the wrongful actions that others have committed against ourselves. (...) In the last section, I investigate whether we have a duty to remember the suffering of victims of crimes that have a political aspect, crimes such as state violence, oppression and racial discrimination, for example. Here I use the term ‘obligation’ in a board sense to refer to actions that are recommended from the moral point of view, that is, when we have moral reasons to act in a certain way. Here I decided to explore these issues from a Kantian perspective. At first glance, Kant does not seem to have much to offer to an ethics of memory since he does not ask these questions directly. Nevertheless, I was interested to explore to what extent Kant’s ethics, and Kantian ethics more generally, can give us tools to answer these questions. What I have discovered is that, despite my initial doubts, the Kantian framework can provide us with materials to build arguments that can help us to answer these questions. In fact, I will argue that in Kant’s ethics, we have an obligation to remember past immoral actions. With regard to our own transgressions, I argue that we ought to remember our past transgressions because this is an aspect of our moral development. With regard to others’ transgressions, I argue that we have a duty of self-respect to demand that others respect us (in the Kantian sense, that is, that others treat us in a morally correct way) and that this involves remembering others’ transgressions, particularly when there is no evidence of their repentance or if they have not apologized. However, if we have (fallible) reasons to think that the wrongdoer has repented, then there is certainly no need to continue to remind them of their offenses. Thus, in the first two sections, my arguments are based on a certain interpretation of Kant’s ethical texts. However, when I address the political dimension of the ethics of memory I have based my arguments on the work of contemporary authors, especially Jeffrey Blustein. In the last section then, the perspective is more ‘Kantian’ than Kant’s. I argue that we have a duty to remember the victims of social and political injustice (social and political violence, oppression, discrimination, atrocity and crimes against humanity). Defenders of the importance of political memory usually appeal to consequentialist arguments. However, these arguments have limits. A Kantian perspective (deontological) is relevant here because it allows us to provide new arguments in support of the importance of political memory and thus ultimately to provide a stronger defense of duties of memory. -/- The issues that arise in relation to an ethics of memory will no doubt require that we study other sources in addition to the materials and arguments provided from a Kantian perspective. Nevertheless, I conclude that perhaps a bit surprisingly, the Kantian tradition has more to offer than it initially seemed, and it can certainly provide part of the theoretical framework to develop an ethics of memory. (shrink)

Naturalism, as Binmore understands the term, is characterized by a scientific stance on moral behavior. Binmore claims that a naturalistic account of morality necessarily goes with the conviction “that only hypothetical imperatives make any sense”. In this paper it is argued that this claim is mistaken. First, as Hume’s theory of promising shows, naturalism in the sense of Binmore is very well compatible with acknowledging the importance of categorical imperatives in moral practice. Moreover, second, if Binmore’s own theory (...) of moral practice and its evolution is correct, then the actual moral practice does-and in fact must-incorporate norms, which have the form of a categorical imperative. Categorical imperatives are part of social reality and, therefore, any (normative) moral theory that adequately reflects moral practice must also include categorical imperatives. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)

If we find life on another world, it will be an extremely important discovery and we will have to take great care not to do anything that might endanger that life. If the life we find is sentient we will have moral obligations to that life. Whether it is sentient or not, we have a duty to ourselves to preserve it as a study object, and also because it would be commonly seen as valuable in its own right. In (...) addition to this we would also have a duty to our fellow humans and other earthly life forms not to expose them to danger by advertently or inadvertently exposing them to potentially harmful space organisms. When space exploration turns into exploitation it will therefore be important to be able to show that a world that is up for exploitation is uninhabited before the exploitation starts. Showing that a world is uninhabited is, however, a different kind of task than showing that it is inhabited. The latter task can be accomplished through one positive finding but it is not clear how to go about the former task. In this paper I suggest that it is a gradual process asymptotically approaching certainty rather than a discovery in the traditional sense of the word. It has to be handled in two steps. The first is to connect degree of certainty with research setup. The second is to decide how certain we need to be. The first step is about the number, diversity and quality of observations. The second step is a decision we have to make based on the purpose of the investigation. The purpose and therefore the degree of certainty needed to establish that a world is uninhabited will be different for a world that is up for exploitation than for a world that is not. In the latter case it is only a matter of epistemic values. In the former case also ethical values have to be considered. (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)

Much work on the sense of agency has focused either on abnormal cases, such as delusions of control, or on simple action tasks in the laboratory. Few studies address the nature of the sense of agency in complex natural settings, or the effect of skill on the sense of agency. Working from 2 case studies of mountain bike riding, we argue that the sense of agency in high-skill individuals incorporates awareness of multiple causal influences on action (...) outcomes. This allows fine-grained differentiation of the contributions of self and external factors to action outcomes. We further argue that the sense of agency incorporates prospective awareness of actions that are possible in a situation and awareness of the limits of control. These forms of sense of agency enable highly flexible, context-sensitive strategic control, and are likely to contribute to high interindividual variability in responses to complex tasks. (shrink)

We are frequently confronted with moral situations that are unsettling, confusing, disorienting. We try to come to grips with them. When we do so, we engage in a distinctive type of moral inquiry: hermeneutical inquiry. Its aim is to make sense of our situation. What is it to make sense of one's situation? Hermeneutical inquiry is part of our everyday moral experience. Understanding its nature and its place in moral epistemology is important. Yet, I argue, that existing accounts (...) of moral inquiry do not give us the resources to do so. This paper develops a positive account of hermeneutical inquiry. I argue that when we engage in hermeneutical inquiry, we search for an apt perspective on our situation. (shrink)

The article examines the concept of duty with reference to Ibsen's play "Ghosts." It offers a brief genealogy of duty while linking the concept of duty to a deconstructive approach.

If I see, hear, or touch a sparrow, the sparrow seems real to me. Unlike Bigfoot or Santa Claus, it seems to exist; I will therefore judge that it does indeed exist. The “sense of existence” refers to the kind of awareness that typically grounds such ordinary judgments of existence or “reality.” The sense of existence has been invoked by Humeans, Kantians, Ideologists, and the phenomenological tradition to make substantial philosophical claims. However, it is extremely controversial; its very (...) existence has been called into question. This paper aims to clarify the nature and reality of the sense of existence by studying a psychiatric condition in which the sense appears to be disrupted: depersonalization disorder (DPD). (shrink)

Patients suffering from the Cotard syndrome can deny being alive, having guts, thinking or even existing. They can also complain that the world or time have ceased to exist. In this article, I argue that even though the leading neurocognitive accounts have difficulties meeting that task, we should, and we can, make sense of these bizarre delusions. To that effect, I draw on the close connection between the Cotard syndrome and a more common condition known as depersonalisation. Even though (...) they are not delusional, depersonalised patients seem to have experiences that are quite similar to those of Cotard patients. I argue that these experiences are essentially characterised by a lack of subjective character and of two other structural features of experience, which I call ‘the present character’ and ‘the actual character’. Cotard's nihilistic delusions simply consist in taking these anomalous experiences at face value. (shrink)

Many philosophers nowadays believe Frege was right about belief, but wrong about language: The contents of beliefs need to be individuated more finely than in terms of Russellian propositions, but the contents of utterances do not. I argue that this 'hybrid view' cannot offer no reasonable account of how communication transfers knowledge from one speaker to another and that, to do so, we must insist that understanding depends upon more than just getting the references of terms right.

According to the doctrine of divine simplicity, God is an absolutely simple being lacking any distinct metaphysical parts, properties, or constituents. Although this doctrine was once an essential part of traditional philosophical theology, it is now widely rejected as incoherent. In this paper, I develop an interpretation of the doctrine designed to resolve contemporary concerns about its coherence, as well as to show precisely what is required to make sense of divine simplicity.

According to the powerful qualities view, properties are both powerful and qualitative. Indeed, on this view the powerfulness of a property is identical to its qualitativity. Proponents claim that this view provides an attractive alternative to both the view that properties are pure powers and the view that they are pure qualities. It remains unclear, however, whether the claimed identity between powerfulness and qualitativity can be made coherent in a way that allows the powerful qualities view to constitute this sort (...) of alternative. I argue here that this can be done, given a particular conception of both the qualitativity and powerfulness of properties. On this conception, a property is qualitative just in the sense that its essence is fixed independently of any distinct properties, and it is powerful just if its essence grounds its dispositional role. (shrink)

Dan O’Brien gives an excellent analysis of testimonial knowledge transmission in his article ‘Communication Between Friends’ (2009) noting that the reliability of the speaker is a concern in both externalist and internalist theories of knowledge. O’Brien focuses on the belief states of Hearers (H) in cases where the reliability of the Speaker (S) is known via ‘intimate trust’, a special case pertaining to friendships with a track record of reliable or unreliable reports. This article considers the notion of ‘intimate trust’, (...) specifically in the context of online fan communities, in which the amount of time as a member of an online fan community and the extent of one’s posting history often results in something like ‘intimate trust’ between fans who are, for all other purposes, strangers. In the last two years, Twitter has provided a number of celebrities with a place to update fans and ‘tweet’ back and forth an innumerable number of times in any given day. This accentuates the intimacy to such a level that it becomes a ‘caricature of intimacy’ – the minute-to-minute updates accentuate the illusion that the fan ‘knows’ the celebrity, but the distance and mediation are still carefully maintained. This is an issue with both ethical and epistemological implications for fan-fan and fan-celebrity relationships online, considering ethics of care and ethics of justice, whether fans ‘owe’ celebrities a certain amount of distance and respect, and whether stars owe the fan something in return, either in the sense of reciprocal Kantian duties or Aristotelian moderation. (shrink)

The article is centered on the question of how best to understand the logical pluralism/logical monism debate. A number of suggestions are brought up and rejected on the ground that they re...

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought (...) to copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

This article discusses whether a sense of humor is a political virtue. It argues that a sense of humor is conducive to the central political virtues. We must first, however, delineate different types of humor (benevolent or malicious) and the different political virtues (sociability, prudence, and justice) to which they correspond. Generally speaking, a sense of humor is politically virtuous when it encourages good will toward fellow citizens, an awareness of the limits of power, and a tendency (...) not to take oneself too seriously or when it condemns moral or intellectual vice. An analysis of President Donald Trumps deeply flawed sense of humor is used to ground this account. (shrink)

In this paper, I try to make sense of the growing block view using Kit Fine’s three-fold classification of A-theoretic views of time. I begin by motivating the endeavor of making sense of the growing block view by examining John Earman’s project in ‘Reassessing the prospects for a growing block model of the universe’. Next, I review Fine’s reconstruction of McTaggart’s argument and its accompanying three-fold classification of A-theoretic views. I then consider three interpretations of Earman’s growing block (...) model: the hybrid growing block, the purely tensed growing block, and Michael Tooley’s growing block. I argue for three claims. First, Finean ‘standard’ versions of these views are less congenial to the growing blocker than ‘non-standard’ ones. Second, the hybrid view is problematic on either version. And third, ‘non-standard’ versions are not fully intelligible. I provide further support for the first and third of these claims and explain why I take them to support a minimal account of passage as succession, which undercuts some of the motivation for Earman’s project. Lastly, I answer three objections. (shrink)

Gilabert argues that the humanist conception of duties of global justice and the principle of cosmopolitan justifiability will lead us to accept an egalitarian definition of individual autonomy. Gilabert further argues that realizing conditions of individual autonomy can serve as the cut-off point to duties of global justice. I investigate his idea of autonomy, arguing that in order to make sense of this claim, we need a concept of autonomy. I propose 4 possible definitions of autonomy, none of which (...) seem to necessitate Gilabert’s duties of egalitarian global justice. Instead, I propose that he may have in mind Autonomy 5, which requires that individuals have access to a maximum number of options and not simply a sufficient range of options to choose from. I criticize this premise as too demanding in the global world characterized by fundamental inequality. Second, I argue that if we were to endorse the preconditions for Autonomy 5, we would have to accept that Gilabert’s theory of global justice doesn’t provide for a cut-off point of duties of global justice. (shrink)

In the case of ventriloquism, seeing the movement of the ventriloquist dummy’s mouth changes your experience of the auditory location of the vocals. Some have argued that cases like ventriloquism provide evidence for the view that at least some of the content of perception is fundamentally multimodal. In the ventriloquism case, this would mean your experience has constitutively audio-visual content (not just a conjunction of an audio content and visual content). In this paper, I argue that cases like ventriloquism do (...) not in fact warrant that conclusion. I then try to make sense of crossmodal cases without appealing to fundamentally multimodal content. (shrink)

Philosophers have long argued that duties to oneself are paradoxical, as they seem to entail an incoherent power to release oneself from obligations. I argue that self-release is possible, both as a matter of deontic logic and of metaethics.

The paper addresses the phenomenology of inference. It proposes that the conscious character of conscious inferences is partly constituted by a sense of meaning; specifically, a sense of what Grice called ‘natural meaning’. In consciously drawing the (outright, categorical) conclusion that Q from a presumed fact that P, one senses the presumed fact that P as meaning that Q, where ‘meaning that’ expresses natural meaning. This sense of natural meaning is phenomenologically analogous, I suggest, to our (...) class='Hi'>sense of what is said in fluently comprehending everyday utterances in our first language. The proposal that conscious inference involves a sense of natural meaning is compared with views according to which conscious inference involves taking the premises (i) to be good reasons for the conclusion (as defended by Thomson and Grice), (ii) to support it (as argued by Audi and, recently, Boghossian), or (iii) to imply it (as lately contended by Broome). I argue our proposal can explain certain phenomena handled by alternatives (i) and (ii), but that some further phenomena is handled by our account but not these alternatives. In relation to alternative (iii), I argue that, in so far as implicational and natural-meaning relations come apart, the latter are a better fit for what we sense or take to be so in conscious inference. (shrink)