Therapeutic Jurisprudence (‘TJ’) and virtue ethics are major parallel forces for good in legal practice. Both seek to understand and mediate frailness in human behaviour and explain why such ‘goodness’ is important for lawyers and their clients. But while a TJ practitioner and a virtue ethicist are often in agreement, they are fraternal rather than identical twins. This paper is addressed to those practising lawyers for whom TJ may become a central motivation to practice law, by reflecting (...) on the moral advantages that virtue ethics can offer such practitioners in their daily decision making. (shrink)

The use of the term "applied ethics" to denote a particular field of moral inquiry (distinct from but related to both normative ethics and meta-ethics) is a relatively new phenomenon. The individuation of applied ethics as a special division of moral investigation gathered momentum in the 1970s and 1980s, largely as a response to early twentieth- century moral philosophy's overwhelming concentration on moral semantics and its apparent inattention to practical moral problems that arose in the wake of significant social and (...) technological transformations. The field of applied ethics is now a well established, professional domain sustained by institutional research centers, professional academic appointments, and devoted journals. As the field of applied ethics grew and developed, its contributors predominantly advocated consequentialist and deontological approaches to the problems they address; but lately a significant number of moral philosophers have begun to bring the resources of virtue ethics to bear upon the ever-evolving subject matters of applied ethics. (shrink)

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)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to (...) Aristotle. Virtue ethics has experienced a revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

This study addresses the subject of Islamic ethics from definitional and disciplinary perspectives. It highlights the need for relevantization of Islamic ethics to contemporary issues in a systematic manner which, in turn, calls for development of Islamic ethics as a complete discipline with ability to meet all types of challenges: conceptual, practical, normative, applicative, etc. Regarding the definitional issue, different from and more expansive than the traditional understanding of alākhlāq, the researcher argues that a proper definition of ethics should include (...) ethically relevant habits, character, and behavior in its subject matter. As an academic discipline of paramount, practical significance, Islamic ethics should adequately address metaethical, normative, and applicative aspects of the subject. In terms of metaethics, Islamic ethics is derived from revealed knowledge; whereas, principles of Islamic jurisprudence (us
l al&fīqh) offers the best available methodology for the discipline in meeting demands of normativity and application. Regarding the nature of the subject of Islamic ethics, the researcher argues that understanding Islamic ethics as virtue ethics is unjustifiable reduction because a careful study of the subject from its sources would prove that Islamic ethics is rather an integrated field comprising of virtues ethics, divine command theory, duty&based ethics, etc. Therefore, Islamic ethics should be developed, taught, and learned as a whole composite of above&mentioned elements. (shrink)

Why Human Rights? addresses universal human rights as moral mandates – rights to justice that all m persons have by virtue of their humanity alone. These are not the legal rights of statutes and treaties, but moral rights of the kind Gandhi, King, and Mandela invoked to oppose unjust laws. All such rights presuppose three claims: (1) that some duties of justice apply universally, (2) that all human beings have equal moral status, and (3) that states must protect or (...) serve certain individual interests regardless of the societal impact of doing so. -/- Can these three premises be justified? Is the human equality claim, for example, rationally supportable, or is it no less faith-based than hierarchical doctrines like caste? This book explores the case for these foundational claims along with other philosophical controversies pertaining to human rights. Because these issues lie at the heart of moral and political philosophy, readers will also obtain a broad appreciation of these disciplines and their leading theorists, including Mill, Kant, Rawls, Sandel, Nozick, Rorty, and many others. Written in concise, jargon-free language, this book presents a high-relief map of the philosophical issues surrounding human rights. (shrink)

Al-Fārābī's discussed fundamental issues in the first ten sections of Kītāb al-Mīllah briefly. Defining the nation (religion), describing the types of societies, dividing the nation (religion) into opinions and actions, and mentioning each of them, synonyms of the nation with other concepts such as religion and shārīʿa, the method of inferring the opinions of the nation, the similarity of the virtuous nation to philosophy, the relationship between the two components of the nation with theoretical philosophy and phronesis (practical philosophy), dealing (...) with fallacies using topic and rhetoric, the reasons for not expressing some laws by the first ruler, the conditions of the rulers after the first ruler, the wisdom, jurisprudence and virtue of the nation's ruler, and discussing the philosophical nature of jurisprudence, the most important contents of Al-Fārābī's in this ten section. On the other hand, it must be claimed that various theories can be extracted from Kītāb al-Mīllah: 1. Revelation as the highest faculty of reason; 2. The unity of theoretical philosophy and Phronesis- the unity of theoretical and practical reason; 3. Philosophy of jurisprudence; 4. Governance philosophy; 5. shārīʿa purposes; 6. Aristocracy; 7. Philosophical jurisprudence. In this paper, in addition to the translation of the first ten sections of Kītāb al-Mīllah, its content is also explained and these seven ideas are extracted from this treatise. (shrink)

Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...) and, even when it is clear, the content itself is sometimes vague. The monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law with the aim of providing plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? (shrink)

The assumption that coercion is largely responsible for our legal systems’ efficacy is a common one. I argue that this assumption is false. But I do so indirectly, by objecting to a thesis I call “(Compliance)”, which holds that most citizens comply with most legal mandates most of the time at least partly in virtue of being motivated by legal systems’ threats of sanctions and other unwelcome consequences. The relationship between (Compliance) and the efficacy of legal systems is explained (...) in section 1. There I also show that (Compliance) must be rejected for it relies on unsubstantiated empirical assumptions. In section 2, I claim that an alternative, and more refined, formulation of (Compliance) also lacks adequate support. I conclude with a few general remarks about the centrality of coercion in our thought and talk about legal systems. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms (...) of international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

Virtue theories have become influential in ethics and epistemology. This paper argues for a similar approach to argumentation. Several potential obstacles to virtue theories in general, and to this new application in particular, are considered and rejected. A first attempt is made at a survey of argumentational virtues, and finally it is argued that the dialectical nature of argumentation makes it particularly suited for virtue theoretic analysis.

“Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is (...) not only consistent with traditional jurisprudence; it is an essential branch of it. (shrink)

Virtue-based approaches have attracted significant recent interest in argumentation, including a recent anthology of Chinese translations of important articles in the field. In this article, adapted from the introduction to that anthology, we discuss the origins of virtue argumentation and some of the challenges it has faced, as well as attempt to provide an overview of recent work on the virtues and vices relevant to argumentation. In the final section we discuss the articles that were selected and motivate (...) their selection. (shrink)

An interesting aspect of Ernest Sosa’s (2017) recent thinking is that enhanced performances (e.g., the performance of an athlete under the influence of a performance-enhancing drug) fall short of aptness, and this is because such enhanced performances do not issue from genuine competences on the part of the agent. In this paper, I explore in some detail the implications of such thinking in Sosa’s wider virtue epistemology, with a focus on cases of cognitive enhancement. A certain puzzle is then (...) highlighted, and the solution proposed draws from both the recent moral responsibility literature on guidance control (e.g., Fischer and Ravizza 1998; Fischer 2012) as well as from work on cognitive integration in the philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2008; Pritchard 2010; Palermos 2014; Carter 2017). (shrink)

‘Virtue signaling’ is the practice of using moral talk in order to enhance one’s moral reputation. Many find this kind of behavior irritating. However, some philosophers have gone further, arguing that virtue signaling actively undermines the proper functioning of public moral discourse and impedes moral progress. Against this view, I argue that widespread virtue signaling is not a social ill, and that it can actually serve as an invaluable instrument for moral change, especially in cases where moral (...) argument alone does not suffice. Specifically, virtue signaling can change the broader public’s social expectations, which can in turn motivate the adoption of new, positive social norms. I also argue that the reputation-seeking motives underlying virtue signaling impose important constraints on virtue signalers’ behavior, which serve to keep the worst excesses of virtue signaling in check. (shrink)

Until recently, discussion of virtues in the philosophy of mathematics has been fleeting and fragmentary at best. But in the last few years this has begun to change. As virtue theory has grown ever more influential, not just in ethics where virtues may seem most at home, but particularly in epistemology and the philosophy of science, some philosophers have sought to push virtues out into unexpected areas, including mathematics and its philosophy. But there are some mathematicians already there, ready (...) to meet them, who have explicitly invoked virtues in discussing what is necessary for a mathematician to succeed. In both ethics and epistemology, virtue theory tends to emphasize character virtues, the acquired excellences of people. But people are not the only sort of thing whose excellences may be identified as virtues. Theoretical virtues have attracted attention in the philosophy of science as components of an account of theory choice. Within the philosophy of mathematics, and mathematics itself, attention to virtues has emerged from a variety of disparate sources. Theoretical virtues have been put forward both to analyse the practice of proof and to justify axioms; intellectual virtues have found multiple applications in the epistemology of mathematics; and ethical virtues have been offered as a basis for understanding the social utility of mathematical practice. Indeed, some authors have advocated virtue epistemology as the correct epistemology for mathematics (and perhaps even as the basis for progress in the metaphysics of mathematics). This topical collection brings together several of the researchers who have begun to study mathematical practices from a virtue perspective with the intention of consolidating and encouraging this trend. (shrink)

Virtue theories of argumentation (VTA) emphasize the roles arguers play in the conduct and evaluation of arguments, and lay particular stress on arguers’ acquired dispositions of character, that is, virtues and vices. The inspiration for VTA lies in virtue epistemology and virtue ethics, the latter being a modern revival of Aristotle’s ethics. Aristotle is also, of course, the father of Western logic and argumentation. This paper asks to what degree Aristotle may thereby be claimed as a forefather (...) by VTA. (shrink)

A list of resources for virtue theories of argumentation. Last updated December 5th 2024.

This paper applies a virtue epistemology approach to using the Internet, as to improve our information-seeking behaviours. Virtue epistemology focusses on the cognitive character of agents and is less concerned with the nature of truth and epistemic justification as compared to traditional analytic epistemology. Due to this focus on cognitive character and agency, it is a fruitful but underexplored approach to using the Internet in an epistemically desirable way. Thus, the central question in this paper is: How to (...) use the Internet in an epistemically virtuous way? Using the work of Jason Baehr, it starts by outlining nine intellectual or epistemic virtues: curiosity, intellectual autonomy, intellectual humility, attentiveness, intellectual carefulness, intellectual thoroughness, open-mindedness, intellectual courage and intellectual tenacity. It then explores how we should deploy these virtues and avoid the corresponding vices when interacting with the Internet, particularly search engines. Whilst an epistemically virtuous use of the Internet will not guarantee that one will acquire true beliefs, understanding or even knowledge, it will strongly improve one’s information-seeking behaviours. The paper ends with arguing that teaching and assessing online intellectual virtues should be part of school and university curricula, perhaps embedded in critical thinking courses, or even better, as individual units. (shrink)

In this chapter I develop and motivate and account of epistemic autonomy as an intellectual character virtue. In Section one, I clarify the concept of an intellectual virtue and character intellectual virtues in particular. In Section two, I clear away some misconceptions about epistemic autonomy to better focus on our target. In Section three, I examine and evaluate several extant accounts of the virtue of epistemic autonomy, noting problems with each. In Section four, I provide my positive (...) account of the virtue of epistemic autonomy and explain how it meets the desiderata for such an account while avoiding the problems with extant accounts. Finally, in Section five, I fill the account out by digging into the factors that guide epistemically autonomous agents in having an appropriate reliance on their own thinking. (shrink)

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

Gratitude, the proper or fitting response to benevolence, has often been conceptualized as a virtue—a temporally stable disposition to perceive, think, feel, and act in certain characteristic ways in certain situations. Many accounts of gratitude as a virtue, however, have not analyzed this disposition accurately, and as a result, they have not revealed the rich variety of ways in which someone can fail to be a grateful person. In this paper, I articulate an account of the virtue (...) of gratitude, and I use this account to explore various vices that can manifest in its absence. (shrink)

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various (...) legal traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

Virtue signaling—using public moral discourse to enhance one’s moral reputation—is a familiar concept. But, what about profile pictures framed by “Vaccines work!”? Or memes posted to anti-vaccine groups echoing the group’s view that “Only sheep believe Big Pharma!”? These actions don’t express moral views—both claims are empirical (if imprecise). Nevertheless, they serve a similar purpose: to influence the judgments of their audience. But, where rainbow profiles guide their audience to view the agent as morally good, these acts guide their (...) audience to view the agent as epistemically good. They are instances of epistemic virtue signaling. The first goal of this paper is to offer an account of epistemic virtue signaling. I argue that epistemic virtue signaling occurs through both behavioral and propositional signals, and serves purposes similar to those of moral virtue signaling across a wide variety of discourses. The second is to show that there is much work for this concept to do. In particular, this concept illuminates a double bind faced by those who suffer from and seek to overcome testimonial injustice. I close by demonstrating how this double bind arises in the dissolution of medical autonomy, focusing on the care gap faced by pregnant women of color in the United States today, as compared with their white counterparts. (shrink)

Robust Virtue Epistemology maintains that knowledge is achieved just when an agent gets to the truth through, or because of, the manifestation of intellectual virtue or ability. A notorious objection to the view is that the satisfaction of the virtue condition will be insufficient to ensure the safety of the target belief; that is, RVE is no anti-luck epistemology. Some of the most promising recent attempts to get around this problem are considered and shown to ultimately fail. (...) Finally, a new proposal for defending RVE as a kind of anti-luck epistemology is defended. The view developed here turns importantly on the idea that knowledge depends on ability and luck in a way that is gradient, not rigid, and that we know just when our cognitive success depends on ability not rather, but more so, than luck. (shrink)

The revival of Aristotelian virtue ethics can be seen as a response to the modern problem of disenchantment, that is, the perceived loss of meaning in modernity. However, in Virtue and Meaning, David McPherson contends that the dominant approach still embraces an overly disenchanted view. In a wide-ranging discussion, McPherson argues for a more fully re-enchanted perspective that gives better recognition to the meanings by which we live and after which we seek, and to the fact that human (...) beings are the meaning-seeking animal. In doing so, he defends distinctive accounts of the relationship between virtue and happiness, other-regarding demands, and the significance of linking neo-Aristotelian virtue ethics with a view of the meaning of life and a spiritual life where contemplation has a central role. This book will be valuable for philosophers and other readers who are interested in virtue ethics and the perennial question of the meaning of life. (shrink)

The internet has become an ubiquitous epistemic source. However, it comes with several drawbacks. For instance, the world wide web seems to foster filter bubbles and echo chambers and includes search results that promote bias and spread misinformation. Richard Heersmink suggests online intellectual virtues to combat these epistemically detrimental effects . These are general epistemic virtues applied to the online environment based on our background knowledge of this online environment. I argue that these online intellectual virtues also demand a particular (...) view of cognitive integration. Online intellectual virtues are incompatible with a popular conception of extended minds proposed by Andy Clark and David Chalmers . I suggest that if we want to hold on to both a conception of online intellectual virtues and some conception of the extended mind, we have to accept a more gradual theory of cognitive integration along the lines of second-wave theories of the extended mind. (shrink)

Virtue ethics has been dogged by the objection that it lacks the ability to provide adequate action-guidance, that it is agent-centered rather act-centered. Virtue ethics has also been faulted for devolving into moral cultural relativism. Rosalind Hursthouse has presented an action-based, naturalistic theory of virtue ethics intended to defuse these charges. Despite its merits, I argue that Hurthouse’s theory fails to successfully solve the problems associated with action guidance and relativism precisely because her attempt to provide a (...) non-cultural basis for virtue ethics undermines the possibility of using virtue ethics to derive useful action-guidance. The action-guiding power of virtue is derived from culture; seeking to avoid the cultural grounding of virtue merely brings one back to the problem of how virtue ethics can provide action-guidance. (shrink)

Biases affect much of our epistemic lives. Do they affect how we understand things? For Linda Zagzebski, we only understand something when we manifest intellectual virtues or skills. Relying on how widespread biases are, J. Adam Carter and Duncan Pritchard raise a skeptical objection to understanding so conceived. It runs as follows: most of us seem to understand many things. We genuinely understand only when we manifest intellectual virtues or skills, and are cognitively responsible for so doing. Yet much of (...) what we seem to understand consists in conceptions whose formation could have easily been due to biases instead, and the work of biases is opaque to reflection. If conceptions constituting how we understand things could have easily been due to biases, then we are not cognitively responsible for them because we cannot reflectively appraise what we understand. So, we are mistaken in thinking we genuinely understand most of the time. I will defend the grounding of understanding in intellectual virtues and skills from Carter and Pritchard’s objection. We are cognitively responsible for understanding when we manifest our expertise. We can do so, I will argue, without being required to reflectively appraise what we understand. (shrink)

What is virtue? How can we lead moral lives? Exploring how contemporary moral philosophy has led to a revival of interest in the concepts of 'virtue', 'character' and 'flourishing', this is an accessible and critical introduction to virtue ethics. The book includes chapter summaries and guides to further reading throughout to help readers explore, understand and develop a critical perspective towards this important school of contemporary ethical thought.

Virtue ethics is traditionally a conservative project. It analyses the virtues that humanity has been relying on since antiquity. This conservatism unduly limits the potential of virtue ethics to contribute to moral progress. Instead, we should pay more attention to constructionist virtue ethics with the help of conceptual engineering. I will argue that revising and ameliorating the virtue concepts which a community uses directly and indirectly leads to a change of the virtues that exist in this (...) community. By revising and innovating virtue concepts, we can re-make and improve the virtues that we have. (shrink)

Environmental virtue ethics (EVE) can be applied to environmental justice. Environmental justice refers to the concern that many poor and nonwhite communities bear a disproportionate burden of risk of exposure to environmental hazards compared to white and/or economically higher-class communities. The most common applied ethical response to this concern—that is, to environmental injustice—is the call for an expanded application of human rights, such as requirements for clean air and water. The virtue-oriented approach can be made consistent with such (...) calls, but there are broader applications as well that generate unique strategies for moral responsiveness and for expanding the role of moral philosophers in civic affairs. (shrink)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural relationships. (...) In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (shrink)

Virtue ethics is frequently billed as a remedy to the problems of deontological and consequentialist ethics that Bernard Williams identified in his critique of “the morality system.” But how far can virtue ethics be relied upon to avoid these problems? What does Williams’s critique of the morality system mean for virtue ethics? To answer this question, we offer a more principled characterisation of the defining features of the morality system in terms of its organising ambition—to shelter life (...) against luck. This reveals the system to be multiply realisable: the same function can be served by substantively different but functionally equivalent ideas. After identifying four requirements that ethical thought must meet to function as a morality system, we show that they can also be met by certain constellations of virtue-ethical ideas. We thereby demonstrate the possibility of virtue-ethical morality systems raising problems analogous to those besetting their deontological and consequentialist counterparts. This not only widens the scope of Williams’s critique and brings out the cautionary aspect of his legacy for virtue ethics. It also offers contemporary virtue ethicists a more principled understanding of the functional features that mark out morality systems and lie at the root of their problems, thereby helping them to avoid or overcome these problems. (shrink)

The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal and other institutional (...) things are never really true. When stated as a dilemma, rather than assuming either horn from the outset, our broader social practice of fiction-telling yields a reason to prefer the fictionalist horn. -/- I differentiate three grades of legal fictionalism and contrast strong legal fictionalism with Horacio Spector’s weak form. Only the stronger form has it that engagement in a fictional discourse of law can provide reasons for legal decision-making independent of moral opinions or policy considerations. This stance relies on the claim that maintaining a fictional discourse with respect for its integrity justifies inferences to conclusions about a fictional domain beyond what is described in existing expressions of the discourse. Focusing on ontology allows an analogy between a fictional discourse of law and literary or popular fiction, in which context such inferences are more obviously persuasive. I argue that this notion of respect for the integrity of such a discourse saves legal formalist jurisprudence from the indeterminacy objections of legal realists. (shrink)

Virtue theorists in ethics often embrace the following characterizationof right action: An action is right iff a virtuous agent would performthat action in like circumstances. Zagzebski offers a parallel virtue-basedaccount of epistemically justified belief. Such proposals are severely flawedbecause virtuous agents in adverse circumstances, or through lack ofknowledge can perform poorly. I propose an alternative virtue-based accountaccording to which an action is right (a belief is justified) for an agentin a given situation iff an unimpaired, fully-informed virtuous (...) observerwould deem the action to be right (the belief to be justified). (shrink)

This essay defends a novel form of virtue epistemology: Modal Virtue Epistemology. It borrows from traditional virtue epistemology the idea that knowledge is a type of skillful performance. But it goes on to understand skillfulness in purely modal terms — that is, in terms of success across a range of counterfactual scenarios. We argue that this approach offers a promising way of synthesizing virtue epistemology with a modal account of knowledge, according to which knowledge is safe (...) belief. In particular, we argue that the modal elements of the view offer important advantages over traditional virtue epistemology, which assigns a central explanatory role to aptness. At the same time, the virtue epistemological elements of the theory reveal new avenues for overcoming obstacles to traditional modal accounts of knowledge. Finally, we highlight the advantages of Modal Virtue Epistemology over alternative syntheses, such as Pritchard's (2012) hybrid approach. (shrink)

Robust virtue epistemology holds that knowledge is true belief obtained through cognitive ability. In this essay I explain that robust virtue epistemology faces a dilemma, and the viability of the theory depends on an adequate understanding of the ‘through’ relation. Greco interprets this ‘through’ relation as one of causal explanation; the success is through the agent’s abilities iff the abilities play a sufficiently salient role in a causal explanation of why she possesses a true belief. In this paper (...) I argue that Greco’s account of the ‘through’ relation is inadequate. I describe kinds of counterexample and explain why salience is the wrong kind of property to track epistemically relevant conditions or to capture the nature of knowledge. Advocates of robust virtue epistemology should develop an alternative account of the ‘through’ relation. I also argue that virtue epistemology should employ an environment-relative interpretation of epistemic virtue. (shrink)

This essay develops a new conceptual framework of science and engineering ethics education based on virtue ethics and positive psychology. Virtue ethicists and positive psychologists have argued that current rule-based moral philosophy, psychology, and education cannot effectively promote students’ moral motivation for actual moral behavior and may even lead to negative outcomes, such as moral schizophrenia. They have suggested that their own theoretical framework of virtue ethics and positive psychology can contribute to the effective promotion of motivation (...) for self-improvement by connecting the notion of morality and eudaimonic happiness. Thus this essay attempts to apply virtue ethics and positive psychology to science and engineering ethics education and to develop a new conceptual framework for more effective education. In addition to the conceptual-level work, this essay suggests two possible educational methods: moral modeling and involvement in actual moral activity in science and engineering ethics classes, based on the conceptual framework. (shrink)

Virtue theory is a natural approach towards the design of artificially intelligent systems, given that the design of artificial intelligence essentially aims at designing agents with excellent dispositions. This has led to a lively research programme to develop artificial virtues. However, this research programme has until now had a narrow focus on moral virtues in an Aristotelian mould. While Aristotelian moral virtue has played a foundational role for the field, it unduly constrains the possibilities of virtue theory (...) for artificial intelligence. This paper aims to remedy this limitation. Philosophers have developed a rich tradition investigating virtues, their normative domains and their structure. Drawing on this tradition, I propose a three-dimensional classification system of possible artificial virtues: virtues can be classified according to the domain in which virtue is an excellence, norm which makes a virtue an excellence, and mode how the virtue delivers the excellence. With this framework, we can discern gaps in the current theorising about artificial virtues. Additionally, it gives us a tool to evaluate the competences of extant artificially intelligent systems. (shrink)

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are (...) required for epistemic virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (shrink)

I argue that recent virtue theories (including those of Hursthouse, Slote, and Swanton) face important initial difficulties in accommodating the supererogatory. In particular, I consider several potential characterizations of the supererogatory modeled upon these familiar virtue theories (and their accounts of rightness) and argue that they fail to provide an adequate account of supererogation. In the second half of the paper I sketch an alternative virtue-based characterization of supererogation, one that is grounded in the attitudes of virtuous (...) ideal observers, and that avoids the concerns raised in the first part of the paper. (shrink)

A commentary on Sections XII–XVI of the “Introduction to the Doctrine of Virtue”.

This chapter is centered around an apparent tension that research on implicit bias raises between virtue and social knowledge. Research suggests that simply knowing what the prevalent stereotypes are leads individuals to act in prejudiced ways—biasing decisions about whom to trust and whom to ignore, whom to promote and whom to imprison—even if they reflectively reject those stereotypes. Because efforts to combat discrimination obviously depend on knowledge of stereotypes, a question arises about what to do next. This chapter argues (...) that the obstacle to virtue is not knowledge of stereotypes as such, but the “accessibility” of such knowledge to the agent who has it. “Accessibility” refers to how easily knowledge comes to mind. Social agents can acquire the requisite knowledge of stereotypes while resisting their pernicious influence, so long as that knowledge remains, in relevant contexts, relatively inaccessible. (shrink)

This paper considers the prospect of moral transhumanism from the perspective of theological virtue ethics. I argue that the pursuit of goodness inherent to moral transhumanism means that there is a compelling prima facie case for moral enhancement. However, I also show that the proposed enhancements would not by themselves allow us to achieve a life of virtue, as they appear unable to create or enhance prudence, the situational judgement essential for acting in accordance with virtue. I (...) therefore argue that moral enhancement technologies should take a limited or supporting role in moral development, which I call ‘moral supplementation’. (shrink)

In this paper I offer an original account of intellectual modesty and some of its surrounding vices: intellectual haughtiness, arrogance, servility and self-abasement. I argue that these vices are attitudes as social psychologists understand the notion. I also draw some of the educational implications of the account. In particular, I urge caution about the efficacy of direct instruction about virtue and of stimulating emulation through exposure to positive exemplars.

Virtues, broadly understood as stable and robust dispositions for certain responses across morally relevant situations, have been a growing topic of interest in psychology. A central topic of discussion has been whether studies showing that situations can strongly influence our responses provide evidence against the existence of virtues (as a kind of stable and robust disposition). In this review, we examine reasons for thinking that the prevailing methods for examining situational influences are limited in their ability to test dispositional stability (...) and robustness; or, then, whether virtues exist. We make the case that these limitations can be addressed by aggregating repeated, cross-situational assessments of environmental, psychological and physiological variables within everyday life—a form of assessment often called ecological momentary assessment (EMA, or experience sampling). We, then, examine how advances in smartphone application (app) technology, and their mass adoption, make these mobile devices an unprecedented vehicle for EMA and, thus, the psychological study of virtue. We, additionally, examine how smartphones might be used for virtue development by promoting changes in thought and behavior within daily life; a technique often called ecological momentary intervention (EMI). While EMA/I have become widely employed since the 1980s for the purposes of understanding and promoting change amongst clinical populations, few EMA/I studies have been devoted to understanding or promoting virtues within non-clinical populations. Further, most EMA/I studies have relied on journaling, PDAs, phone calls and/or text messaging systems. We explore how smartphone app technology provides a means of making EMA a more robust psychological method, EMI a more robust way of promoting positive change, and, as a result, opens up new possibilities for studying and promoting virtues. (shrink)