Se propone un examen crítico de la última obra de J.-L. Marion titulada, dedicada a la unión de alma y cuerpo, y cuya tesis principal es: los problemas que esta unión suscita confunden dos términos, cuerpo y mi cuerpo. Esta confusión lleva a que se apliquen al primero categorías propias del segundo. Se examinan las "paradojas ónticas" que mi cuerpo (la carne) inaugura (a); se despeja la tesis de dos interpretaciones de las meditaciones primera y sexta (b); se discute la (...) "excepción a la metafísica" instaurada por el conocimiento de mi cuerpo (c); se arriesga, siguiendo una indicación del autor, la apertura a una dimensión ética que exige examinar ya no la unión de cuerpo y alma, sino la unión por el amor a un semejante y a la comunidad de semejantes (d). The article carries out a critical examination of J.-L. Marion's latest work, "Sur la pensée passive de Descartes", whose main thesis is that the problems posed by the union of body and soul confuse two terms: body and my body. This confusion leads to the application to the former of categories inherent to the latter. The paper examines the "ontic paradoxes" that my body (the flesh) gives rise to (a); it clarifies the thesis of two interpretations of the First and Sixth Meditations (b); it discusses the "exception to metaphysics" established by the knowledge of my body (c); and, following an indication by the author, it proposes an opening to the ethical dimension, which demands an examination of the union, through love, with a fellow human being and with the community of human beings, rather than of the union of body and soul (d). Neste artigo, propõe-se um exame crítico da última obra de J.-L. Marion, intitulada "Sur la pensée passive de Descartes", dedicada à união de alma e corpo, e cuja tese principal é: os problemas que essa união suscita confundem dois termos, corpo e meu corpo. Essa confusão leva a que se apliquem ao primeiro categorias próprias do segundo. Examinam-se os "paradoxos ônticos" que meu corpo (a carne) inaugura; a tese de duas interpretações das medita ccedil;ões primeira e sexta é esclarecida; arrisca-se, seguindo uma indicação do autor, a abertura a uma dimensão ética que exige examinar já não a união de corpo e alma, mas sim a união pelo amor a um semelhante e à comunidade de semelhantes. (shrink)

Claims concerning the death of the nation-state are often accompanied by postnationalist arguments that emphasize the potential of human rights to contest nation-bounded conceptualizations of membership. Conversely, arguments focusing on the continuing importance of state-bounded social citizenship rights undermine such postnationalist claims. To assess these claims, this article turns to the Irish state and its prohibition of abortion except in cases where the life of the pregnant woman is in danger. The authors focus their analysis on four legal cases that (...) unfolded between 1992 and 2010. These cases reflect how specific women’s social location within interconnected power hierarchies of nationality, gender, class, race/ethnicity positioned them differently vis-a-vis the Irish state, international and supranational bodies. Furthermore, the transnational, in the form of immigration, non-governmental organizations and the Catholic Church, plays an important role in structuring the context within which these cases unfold. Rather than showing that the international, supranational and transnational are conduits for the declining power of the nation-state, this article finds that in the increasingly dense legal-political field there is room for all of these forces. (shrink)

Risk taking is a component of the decision-making process in situations that involve uncertainty and in which the probability of each outcome – rewards and/or negative consequences – is already known. The influence of cognitive and emotional processes in decision making may affect how risky situations are addressed. First, inaccurate assessments of situations may constitute a perceptual bias in decision making, which might influence RT. Second, there seems to be consensus that a proneness bias exists, known as risk proneness, which (...) can be defined as the propensity to be attracted to potentially risky activities. In the present study, we take the approach that risk perception and risk proneness affect RT behaviours. The study hypothesises that locus of control, emotion regulation, and executive control act as perceptual biases in RT, and that personality, sensation seeking, and impulsivity traits act as proneness biases in RT. The results suggest that locus of control, emotion regulation and executive control influence certain domains of RT, while personality influences in all domains except the recreational, and sensation seeking and impulsivity are involved in all domains of RT. The results of the study constitute a foundation upon which to build in this research area and can contribute to the increased understanding of human behaviour in risky situations. (shrink)

Joseph Boyle raises important questions about the place of the double-effect exception in absolutist moral theories. His own absolutist theory (held by many, but not all, Catholic moralists), which derives from the principles that fundamental human goods may not be intentionally violated, cannot dispense with such exceptions, although he rightly rejects some widely held views about what they are. By contrast, Kantian absolutist theory, which derives from the principle that lawful freedom must not be violated, has a corollary – (...) that it is a duty, where possible, to coerce those who try to violate lawful freedom – which makes superfluous many of the double-effect exceptions Boyle allows. Other implications of the two theories are contrasted. Inter alia , it is argued that, in Boyle's theory, that a violation of a fundamental human good can be viewed as a cost proportionate to a benefit obtained, cannot yield a double-effect exception to the prohibition of intentionally violating that good, because paying a cost cannot be unintentional. Keywords: cost-benefit analysis, double effect, intention, side effect CiteULike Connotea Del.icio.us What's this? (shrink)

How much surveillance is morally permissible in the pursuit of a socially desirable goal? The proportionality question has received renewed attention during the 2020 Coronavirus pandemic, because governments in many countries have responded to the pandemic by implementing, redirecting or expanding state surveillance, most controversially in the shape of collection and use of cell-phone location data to support a strategy of contact tracing, testing and containment. Behind the proportionality question lies a further question: in what way does a state of (...) emergency affect the proportionality of morally permissible surveillance? On the qualitative difference view, a state of emergency has the effect of suspending or altering at least some of the constraints on morally permissible action that apply under ordinary circumstances. On the quantitative difference view, the only difference between states of emergency and ordinary circumstances is that the stakes are greater in a state of emergency. If the qualitative difference view is true, then there are situations, perhaps such as the current Coronavirus pandemic, during which the proportionality condition employs a much less demanding ratio between social goods achieved and the badness of the surveillance performed. The overall objective of this article is to argue against the qualitative and for the quantitative difference view. I proceed by first setting out in somewhat greater detail how we must understand the qualitative difference view (section two). I then present a series of problematic implications of adopting the qualitative difference view and argue that jointly these give us sufficient reason to reject it (section three). This entails that our account of morally permissible surveillance should be unexceptional, i.e. the quantitative difference view: there is no morally significant difference between proportionality in ordinary circumstances and proportionality in emergencies, simply a spectrum of smaller to greater potential goods and bads of surveillance. In order to flesh out the implications of the quantitative view, I briefly sketch an unexceptional theory of proportional surveillance in exceptional circumstances (section four). The last section (five) summarises and concludes. (shrink)

The aim of the paper is to argue that all—or almost all—logical rules have exceptions. In particular, it is argued that this is a moral that we should draw from the semantic paradoxes. The idea that we should respond to the paradoxes by revising logic in some way is familiar. But previous proposals advocate the replacement of classical logic with some alternative logic. That is, some alternative system of rules, where it is taken for granted that these hold without (...) class='Hi'>exception. The present proposal is quite different. According to this, there is no such alternative logic. Rather, classical logic retains the status of the ‘one true logic’, but this status must be reconceived so as to be compatible with (almost) all of its rules admitting of exceptions. This would seem to have significant repercussions for a range of widely held views about logic: e.g. that it is a priori, or that it is necessary. Indeed, if the arguments of the paper succeed, then such views must be given up. (shrink)

This paper focuses on negative exemplarity-related emotions (NEREs) and on their educational implications. In this paper, we will first argue for the nonexpendability of negative emotions broadly conceived (section 2) by defending their instrumental and intrinsic role in a good and flourishing life. In section 3, we will make the claim more specific by focusing on the narrower domain of NEREs and argue for their moral and educational significance by evaluating whether they fit the arguments provided in the previous section. (...) In section 4, we will propose three educational strategies to foster NEREs’ positive moral role. In conclusion, we will point out that an exemplarist approach to character education would greatly benefit from a more fine-grained account of the emotions involved in the educational process and from a broader perspective on which of these emotions should be taken as valuable for educational purposes. (shrink)

Is morality too difficult for human beings? Kant said that it was, except with God's assistance. Contemporary moral philosophers have usually discussed the question without reference to Christian doctrine, and have either diminished the moral demand, exaggerated human moral capacity, or tried to find a substitute in nature for God's assistance. This book looks at these philosophers--from Kant and Kierkegaard to Swinburne, Russell, and R.M. Hare--and the alternative in Christianity.

Recommendation systems (RSs) predict what the user likes and recommend it to them. While at the onset of RSs, the latter was designed to maximize the recommendation accuracy (i.e., accuracy was their only goal), nowadays many RSs models include diversity in recommendations (which thus is a further goal of RSs). In the computer science community, the introduction of diversity in RSs is justified mainly through economic reasons: diversity increases user satisfaction and, in niche markets, profits.I contend that, first, the economic (...) justification of diversity in RSs risks reducing it to an empirical matter of preference; second, diversity is ethically relevant as it supports two autonomy rights of the user: the right to an open present and the right to be treated as an individual. So far, diversity in RSs has been morally defended only in the case of RSs of news and scholarly content: diversity is held to have a depolarizing effect in a democratic society and the scientific community and make the users more autonomous in their news choices. I provide a justification of diversity in RSs that embraces all kinds of RSs (i.e., a holistic moral defense) and is based on a normative principle founded on the agency of the user, which I call the right to be an exception to predictions. Such a right holds that the proper treatment of a RS user qua agent forbids providing them with recommendations based only on their past or similar users’ choices. (shrink)

Authors have a lot of leeway with regard to what they can make true in their story. In general, if the author says that p is true in the fiction we’re reading, we believe that p is true in that fiction. And if we’re playing along with the fictional game, we imagine that, along with everything else in the story, p is true. But there are exceptions to these general principles. Many authors, most notably Kendall Walton and Tamar Szabó Gendler, (...) have discussed apparent counterexamples when p is “morally deviant”. Many other statements that are conceptually impossible also seem to be counterexamples. In this paper I do four things. I survey the range of counterexamples, or at least putative counterexamples, to the principles. Then I look to explanations of the counterexamples. I argue, following Gendler, that the explanation cannot simply be that morally deviant claims are impossible. I argue that the distinctive attitudes we have towards moral propositions cannot explain the counterexamples, since some of the examples don’t involve moral concepts. And I put forward a proposed explanation that turns on the role of ‘higher-level concepts’, concepts that if they are satisfied are satisfied in virtue of more fundamental facts about the world, in fiction, and in imagination. (shrink)

There has recently been an expansion of anti-abortion measures in the United States. Within these various measures there is a divide over certain exceptions: some States permit abortion for pregnancies caused by rape while other States do not. This paper explores the underlying moral justification for such exceptions. I argue that within the dominant moral framework for reproductive ethics these exceptions are incoherent by their own lights. But this is not a defense of an exceptionless anti-abortion position. Rather, because the (...) typical way of making such exceptions is incoherent, this shows why the anti-abortion movement is dangerous: as these incoherencies are acknowledged, this may lead to ever stricter measures being put in place. I end by suggesting that those who are sympathetic to these exceptions should find it easier to move to a pro-choice position rather than to a more extreme, exceptionless one. (shrink)

This article focuses on the legal and organisational regulation of human cells in the United Kingdom and France. French Bioethics Law regulates human cells for health according to European Union law where it is enforceable. But products unregulated by EU law and based on human cells are never considered as medicinal products, given the strict implementation of the principle of “nonpatrimonialité” of the human body and its elements. By comparison, in the UK such products can be qualified as medicinal products. (...) Moreover, the setting up of the UK stem cell bank gives rise to the development of policies which expand the stem cell as a legal object. The paper discusses how these societies’ ethical and legal commitments underlie organisational practices in order to analyse the relationship between the existence (or not) of a national stem cell bank and the broader regulation of human cells. (shrink)

abstract In what follows I respond to Henry Shue's paper by focusing on three principal themes. The first is the relation of philosophical theory to practice, in which I agree that philosophers have to run the risks attendant upon applying reason to concrete cases. The second is the use of examples in moral philosophy, in particular the example used in the justification of torture as an exception; here I draw distinctions between different types of examples in philosophy and the (...) uses to which they are put. Thirdly, in a brief consideration of our responses to climate change I suggest that, contra Shue, we are not being asked to go beyond a normal requirement so much as to re-establish the boundaries of what counts as normal. (shrink)

Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision of (...) public goods, however, are sufficient to justify such rights violations and this form of conscription, and it calls into question the suitability of current international legal protections for the non-uniformed. (shrink)

Carl Schmitt and Leo Strauss are undoubtedly two of the most influential and radical conservative critics of liberalism of our century. Their work takes aim at the heart of liberalism: it questions the consistency of liberalism’s theologico-political ground, namely, the separation of church and state. They take exception to the neutrality of the liberal state with respect to matters of faith on the ground that such neutrality betrays a lack of absolute moral commitments and places liberalism in a chronic (...) crisis of legitimacy. Schmitt advances his critique of liberalism from the standpoint of political theology. This discourse claims that the political state is authoritative in virtue of its capacity to equate the individual decision of whether or not to obey unconditionally a given legal order with the absolute decision between good and evil, to which the individual has access only through religious faith. Whether the standpoint of Strauss’s critique falls within the purview of political theology is one of the questions that will be discussed in this review. More importantly, their respective critiques of liberalism raise the topical question of the nature of the relation between liberalism and politico-religious fundamentalism. (shrink)

Carl Schmitt and Leo Strauss are undoubtedly two of the most influential and radical conservative critics of liberalism of our century. Their work takes aim at the heart of liberalism: it questions the consistency of liberalism’s theologico-political ground, namely, the separation of church and state. They take exception to the neutrality of the liberal state with respect to matters of faith on the ground that such neutrality betrays a lack of absolute moral commitments and places liberalism in a chronic (...) crisis of legitimacy. Schmitt advances his critique of liberalism from the standpoint of political theology. This discourse claims that the political state is authoritative in virtue of its capacity to equate the individual decision of whether or not to obey unconditionally a given legal order with the absolute decision between good and evil, to which the individual has access only through religious faith. Whether the standpoint of Strauss’s critique falls within the purview of political theology is one of the questions that will be discussed in this review. More importantly, their respective critiques of liberalism raise the topical question of the nature of the relation between liberalism and politico-religious fundamentalism. (shrink)

Some of our most fundamental moral rules are violated by the practices of torture and war. If one examines the concrete forms these practices take, can the exceptions to the rules necessary to either torture or war be justified? Fighting Hurt brings together key essays by Henry Shue on the issue of torture, and relatedly, the moral challenges surrounding the initiation and conduct of war, and features a new introduction outlining the argument of the essays, putting them into context, and (...) describing how and in what ways his position has modified over time. The first six chapters marshal arguments that have been refined over 35 years for the conclusion that torture can never be justified in any actual circumstances whatsoever. The practice of torture has nothing significant in common with the ticking bomb scenario often used in its defence, and weak U.S. statutes have loop-holes for psychological torture of the kind now favoured by CIA in the 'war against terrorism'. The other sixteen chapters maintain that for as long as wars are in fact fought, it is morally urgent to limit specific destructive practices that cannot be prohibited. Two possible exceptions to the UN Charter's prohibition on all but defensive wars, humanitarian military intervention and preventive war to eliminate WMD, are evaluated; and one possible exception to the principle of discrimination, Michael Walzer's 'supreme emergency', is sharply criticized. Two other fundamental issues about the rules for the conduct of war receive extensive controversial treatment. The first is the rules to limit the bombing of dual-use infrastructure, with a focus on alternative interpretations of the principle of proportionality that limits 'collateral damage'. The second is the moral status of the laws of war as embodied in International Humanitarian Law. It is argued that the current philosophical critique of IHL by Jeff McMahan focused on individual moral liability to attack is an intellectual dead-end and that the morally best rules are international laws that are the same for all fighters.Examining real cases, including U.S. bombing of Iraq in 1991, the Clinton Administration decision not to intervene in the 1994 Rwandan genocide, NATO bombing of Serbia in 1999, and CIA torture after 9/11 and its alternatives, this book is highly accessible to general readers who are interested in the ethical status of American political life, especially foreign policy. (shrink)

This paper takes issue with the exemplarist strategy of fostering virtue development with the specific goal of improving its applicability in the context of education. I argue that, for what matters educationally, we have good reasons to endorse a liberal account of moral exemplarity. Specifically, I challenge two key assumptions of Linda Zagzebski’s Exemplarist Moral Theory (2017), namely that moral exemplars are exceptionally virtuous agents and that imitating their behavior is the main strategy for acquiring the virtues. I will introduce (...) and discuss the notions of enkratic exemplars and injustice illuminators and show that we have good reasons to consider them moral exemplars although they fail to satisfy (either of) the key assumptions. (shrink)

ABSTRACTThis paper draws on interviews with 57 corporate finance lawyers working from global law firms based in the City of London. Drawing on this data, we highlight common themes of taking deals at ‘face value’, being the lawyer-technician who uses the law to effect his client’s wishes, and not ‘pushing’ ethics. We suggest that there is an apathy – a lack of concern or interest – about ethics on the part of corporate lawyers. This apathy stems from various sources. It (...) is linked to assumptions about the sorts of clients that large law firms are willing or not willing to act for, and assumptions about the ‘right sort of people’ the firm hires and retains; it is linked to strong notions of role morality; and it is founded on the classic legal ethics ‘standard conception’ principles of neutrality and non-accountability. Our data also highlights a lack of ethical infrastructures in large firms, and a lack of ethical leadership from law firm partners for the associates and trainees working for them. (shrink)

The native cannot be compared to the European, … he shares neither the latter's moral qualities, nor his education, nor his religion …, nor his civilization. The mistake is a commendable one and is typically French; it was committed by those who first drew up the ‘Declaration of the Rights of Man and the Citizen’, instead of more modestly drawing up the ‘Declaration of the Rights of the French Citizen’.P. Azan (1925)The native has a style of behaviour, sets of laws (...) and an attachment to his land that are not ours. We will not bring him happiness either by applying the principles of the French Revolution, which is our Revolution, nor by imposing upon him the Code Napoléon, which is our Code.F. Eboué (1941). (shrink)

This chapter explores the implications of Claudia Card's analyses of moral luck and taking responsibility in a book, The Unnatural Lottery for an account of "radical moral imagination". Overcoming bad moral luck may require transforming oneself and also transforming the meanings of one's actions through the modification of concepts and the creation of new social practices. A particular "progressive move in moral consciousness" may be necessary but not sufficient for taking responsibility for oneself, and attempts at taking responsibility through exceptional (...) social moves can be quite morally risky. Card's assessment of risky undertakings is more complex than Fricker's because of Card's attention to aspects of moral life that are outside even the most imaginative agent's control. There is moral meaning and value in the kind of self‐care that transforms the self and its possibilities that is not reducible to the value of fulfilling a duty. (shrink)

The paper discusses the notion of defeasibility and focuses specifically on defeasible norms. First, it delineates a robust notion of the phenomenon of defeasibility, which poses a serious problem for both moral and legal theory. It does this by laying out the conditions and desiderata that a model of defeasibility should be able to meet. It further focuses on a specific model of defeasibility that utilises the notion of normal conditions to expound the robust notion of defeasibility. It argues that (...) this model fails in its attempt to do this, particularly since it presupposes further pertinent norms and we have reasons to doubt if these are defeasible. It thus does not allow defeasibility to go “all the way down” in the normative domain and limits it merely to a feature of some sort of mid-level norm. In conclusion, it draws lessons from this and positions defeasibility models within a more general pluralistic approach to norms. (shrink)

Do moral questions have objective answers? In this great debate, Gilbert Harman explains and argues for relativism, emotivism, and moral scepticism. In his view, moral disagreements are like disagreements about what to pay for a house; there are no correct answers ahead of time, except in relation to one or another moral framework. Independently, Judith Jarvis Thomson examines what she takes to be the case against moral objectivity, and rejects it; she argues that it is possible to find out the (...) correct answers to some moral questions. In her view, some moral disagreements are like disagreements about whether the house has a ghost. Harman and Thomson then reply to each other. This important, lively accessible exchange will be invaluable to all students of moral theory and meta-ethics. (shrink)

abstract This article refutes Henry Shue's claim that in the case of preventive military attacks it is sometimes morally permissible to make an exception to the fundamental principle regarding the inviolability of individual rights. By drawing on a comparison between torture and preventive military attacks, I will argue that the potential risks of institutionalizing preventive military attacks — what I call the Institutionalizing Argument — are far too great to even contemplate. Two potential risks with setting up a bureaucracy (...) which specializes in preventive military attacks will be highlighted: that any preventive military strike may nourish a cycle of violence that will inevitably cause more deaths and destruction than could ever be justified; and that such preventive military strikes may be abused by political leaders in a desperate effort to hold on to power, including democratically elected political leaders working within a democratic framework. (shrink)

I argue that moral principles involve the same sort of generalization as ordinary yet elusive generic generalizations in natural language such as 'Tigers are striped' or 'Peppers are spicy'. A notable advantage of the generic view is that it simultaneously allows for pessimism and optimism about the role and status of moral principles in our lives. It provides a new perspective on the nature of moral principles on which principles are not apt for determining the moral status of particular actions (...) while they may be apt, and even fundamental, to our acquisition of moral knowledge. A natural consequence of the view is variation amongst moral principles, with some regularly warranting exceptions, and some appearing arguably exceptionless. It is also argued that this generic conception of moral principles has significant advantages, as a normative model of moral reasoning, over the view of moral principles as defaults advanced in recent years. (shrink)

In this volume, Fr. Fuchs has brought together 12 exceptionally important essays which consider various aspects of the relationship between Christian morality ...

Over the last decades the traditional emphasis on moral rules, or principles, has been attacked by particularists like Jonathan Dancy. I argue that particularists are correct in rejecting traditional attempts at moral codification, but that it is still possible to have a rule-oriented approach to morality if we distinguish between different ways in which features can be morally relevant. I suggest that there are first a limited number of features that can serve as basic moral reasons for action, and then (...) a class of relational features that can change the relevance of these features. I then argue that while particularists do well in drawing attention to the fact that sometimes our basic moral duties are put out of play by other relevant features, they fail to make sense of the exceptional nature of such situations. Only a rule-oriented understanding of morality can do this. (shrink)

Thomas Fowler (1 September 1832 - 20 November 1904), was an English academic and academic administrator, acting as President of Corpus Christi College, Oxford, and Vice-Chancellor of the University of Oxford. From Preface: These pages represent an attempt to exhibit a scientific conception of morality in a popular form, and with a view to practical applications rather than the discussion of theoretical difficulties. For this purpose it has been necessary to study brevity and avoid controversy. Hence, I have made few (...) references to other authors, and I have almost altogether dispensed with foot-notes. But, though I have attempted to state rather than to defend my views, I believe that they are, in the main, those which, making exception for a few back eddies in the stream of modern thought, are winning their way to general acceptance among the more instructed and reflective men of our day. (shrink)

This article advocates a naturalist and realist ethics of solidarity. Specifically, it argues that human needs should be met; and that they should be met in harmony with the environment. Realism should include respect for existing cultures and the morals presently being practiced – with reasonable exceptions. Dignity must come in a form understood and appreciated by the person whose dignity is being respected. It is also argued that naturalist ethics are needed to combat liberal ethics, not least because the (...) latter supports today’s inflexible and dysfunctional institutions. In arguing for these positions, reference is made to the naturalist realist ethics of Georges Canguilhem, C.H. Waddington, John Dewey and David Sloan Wilson, all of whom embed the social order in the natural order. (shrink)

I argue that it’s quite comprehensible to get upset about metaethical nihilism, to indulge what I call nihilistic despair. When we lose the objective moral or normative point of view, we lose the promise of luck-immune guidance and categorical importance, things many of us hope for. This is all quite Williams-friendly, but I reject his puzzling but suggestive remarks that nihilistic despair must be a self-pitying muddle. Finally, I argue that internalism about reasons is even more depressing than outright nihilism, (...) in one way at least. (shrink)

The Moral Complexities of Eating Meat is a welcome addition to the growing literature on the moral issues revolving around our eating habits. While much of the volume concerns the so-called causal impotence argument— the idea that since, as individuals, we do little to add to the harm imposed on animals, some opportunistic carnivorism on our parts is not blameworthy—there are thought-provoking essays running the gamut from defending the practice of meat eating more generally to insisting that strict vegetarianism is (...) the only morally permissible way to engage with our food. The essays are, without exception, cogent and accessible and can be usefully incorporated into most classes that deal with animal or applied ethics. (shrink)

There are good reasons to beware of arguments that allow for exceptions to principles about the proper limit of violence. Justifications of such exceptions occur in recent discussions of torture and terrorism. One of the reasons to be skeptical of these arguments is that when political agents make exceptions to moral principles, these exceptions can become precedents that serve to normalize immoral behavior. This aspect of political reality is ignored in contemporary attempts to justify torture and terrorism. The present paper (...) explains why torture and terrorism are wrong despite recent attempts to justify them. It draws distinctions between torture and terrorism, while examining these practices in the context of the war on terrorism. (shrink)

How should we think about apparent conflicts of moral rights? I defend a non-balancing and holistic specification model: non-balancing because moral rights have absolute deontic stringency regardless of any balance of independent values; holistic because the content of moral rights is limited only by that of other moral rights. Holistic Specification, as I call the model, offers a principled, non-consequentialist explanation of exceptions to moral rights. Moreover, Holistic Specification explains why moral rights matter to practical thought while rendering remedial duties (...) less mysterious. (shrink)

There are good reasons to beware of arguments that allow for exceptions to principles about the proper limit of violence. Justifications of such exceptions occur in recent discussions of torture and terrorism. One of the reasons to be skeptical of these arguments is that when political agents make exceptions to moral principles, these exceptions can become precedents that serve to normalize immoral behavior. This aspect of political reality is ignored in contemporary attempts to justify torture and terrorism. The present paper (...) explains why torture and terrorism are wrong despite recent attempts to justify them. It draws distinctions between torture and terrorism, while examining these practices in the context of the war on terrorism. (shrink)

Justifying religious exemptions is a complicated matter. Citizens ask to not be subject to laws that everyone else must follow, raising worries about equal treatment. They ask to be exempted on a religious basis, a basis that secular citizens do not share, raising worries about the equal treatment of secular and religious citizens. And they ask governmental structures to create exceptions in the government’s own laws, raising worries about procedural fairness and stability. We nonetheless think some religious exemptions are appropriate, (...) and in some cases, that exemptions are morally required. So how are we to determine when religious exemptions are justified? This article employs a public reason framework to provide an answer. I show how to publicly justify religious exemptions. My thesis is that a citizen merits a religious exemption under four conditions: if she has sufficient intelligible reason to oppose the law, if the law imposes unique and substantial burdens on the integrity of those exempted that are not off-set by comparable benefits, if the large majority of citizens have sufficient reason to endorse the law, and if the exempted group does not impose significant costs on other parties that require redress. If these conditions are met, then legislative and/or judicial bodies should carve out an exemption for those requesting them. (shrink)

Corporate social responsibility (CSR) is increasingly becoming a popular business concept in developed economies. As typical of other business concepts, it is on its way to globalization through practices and structures of the globalized capitalist world order, typified in Multinational Corporations (MNCs). However, CSR often sits uncomfortably in this capitalist world order, as MNCs are often challenged by the global reach of their supply chains and the possible irresponsible practices inherent along these chains. The possibility of irresponsible practices puts global (...) firms under pressure to protect their brands even if it means assuming responsibilities for the practices of their suppliers. Pressure groups understand this burden on firms and try to take advantage of the situation. This article seeks to challenge the often taken-for-granted-assumption that firms should be accountable for the practices of their suppliers by espousing the moral (and sometimes legal) underpinnings of the concept of responsibility. Except where corporate control and or corporate grouping exist, it identifies the use of power as a critical factor to be considered in allocating responsibility in firm-supplier relationship; and suggests that the more powerful in this relationship has a responsibility to exert some moral influence on the weaker party. The article highlights the use of code of conducts, corporate culture, anti-pressure group campaigns, personnel training and value reorientation as possible sources of wielding positive moral influence along supply chains. (shrink)

Despite some exceptions, the business ethics literature on the moral responsibility of corporations does not emphasize a subject critical to that inquiry: the general nature of corporations. This article attempts to lessen the imbalance by describing three conceptions of the corporation that have been prominent in twentieth century legal theorizing, and by sketching their implications for the moral responsibility of corporations. These three conceptions, at least two of which have counterparts in the philosophical and organizational theory literature, are the concession, (...) aggregate, and real entity theories. The article concludes that the real entity theory is the most plausible of the lot. At least under prevailing tests of moral responsibility, it then contends, corporations-as-real-entities are morally responsible for most of their members' actions. (shrink)

The relationship between professional ethical reflection and corresponding moral behavior is an important theme of moral psychology in recent years. Following Schönegger and Wagner’s research in German-speaking countries, through a replication-extension of the original US-based research carried out by Schwitzgebel and Rust, we aim at examining their results in the Chinese context. The previous researchers have shown that ethical reflection generally has no positive effect on moral behavior. A cross validation of this result was conducted in Chinese mainland, and three (...) issues concerning Confucian virtues were added. Through reaching out to 4482 professors and collecting 368 responses altogether, we attempted to explore whether professional ethical reflection can influence normative attitude and the moral attitude-behavior consistency. Unfortunately, the results failed to show a statistically significant difference between ethicists and other professors on most of the moral issues, with the exception of paying academic membership fees and vegetarianism, wherein ethicists do express more stringent normative attitudes, and their moral attitude and self-reported behavior are statistically consistent. Notably, Chinese professors mainly expressed morally neutral attitudes toward the issue of eating meat, and they tended to believe that ethical reflection contributes to more and better moral behaviors. (shrink)

ABSTRACTBased on the case of Rosa, a nine‐year‐old girl who was denied a therapeutic abortion, this article analyzes the role played by the social in medical practice. For that purpose, it compares the different application of two similar pieces of legislation in Costa Rica, where both the practice of abortion and sterilization are restricted to the protection of health and life by the Penal Code. As a concept subject to interpretation, a broad conception of medical necessity could enable an ample (...) use of the therapeutic exception and a liberal use of both surgeries. The practice of therapeutic sterilization has been generalized in Costa Rica and has become the legitimate way to distribute contraceptive sterilization. In contrast, therapeutic abortion is very rarely practiced. The analysis carried out proposes that it is the difference in social acceptance of abortion and sterilization that explains the different use that doctors, as gatekeepers of social morality, make of medical necessity. (shrink)

The advance of mechanism in science and philosophy in the 17th century created a great interest to machines or automata. Leibniz was no exception - in an early memoir Drôle de pensée he wrote admiringly about a machine that could walk on water, exhibited in Paris. The idea of automatic processing in general had a large role in his thought, as can be seen, for example, in his invention of the binary code and the so-called Calculemus!-model for solving controversies. (...) In metaphysics, the idea of an automata was expressed most clearly in the 1695 article New System of the Nature of Substances and their Communication, and the ensuing correspondence with, among others, Foucher, Bayle, Lamy, Jaquelot and Masham. In the article Leibniz discusses the soul as a spiritual machine in the context of pre-established harmony, arguing that God can "give to a substance at the outset a nature or internal force which could produce in it an orderly way (as in spiritual or formal automaton; but a free one, in the case of a substance which is endowed with a share of reason) everything that is going to happen to it, that is to say, all the appearances or expressions it is going to have, and all without the help of any created thing." The basic idea of Leibniz's spiritual machine is that the soul or entelechy is an autonomous and spontaneous unity, consisting of internal active force and producing its own perceptions (both confused and distinct). It is a self-moving machine, driven by its perceptions and appetites, but it follows (without being conscious of it) a lawful series or programme created by God. The entelechy remains the same despite undergoing an infinite number of changes. To Foucher he explained that each state of the individual substance is a consequence of its preceding one, "as if there were only God and the substance in the world". Despite this, the spiritual machine is related not only to God, but through the pre-established harmony to bodies or natural machines. However, as it is not dependent on them, the spiritual machine is superiot to natural machines. In this paper I concentrate on three moral themes related to the spiritual machine: moral deliberation, moral identity and the goal of moral action. All these themes are more or less implicit in the New System, but are discussed in more detail in the ensuing correspondence after the publication of the article. Finally, the themes are given an extended discussion especially in the second book of New Essays on Human Understanding (1704, published 1765), written partly at the same time as some of the correspondence and unpublished related material. I will first give an overview of Leibniz's position concerning the spiritual machine or automaton in the New System and then go on to explore the three moral themes one by one, as they feature in the subsequent correspondence and in the New Essays. I will show that the three topics are essential to the function of the spiritual machine – to Sophie Charlotte Leibniz wrote: "...let us say that everything in bodies happens mechanically, or in accordance with laws of motion, and that everything in the soul happens morally, or in accordance with perceived good or evil." There are many texts that anticipate the views in the New System (notably the unpublished memoir De Affectibus of 1679) and Leibniz continued to discuss its themes later on (in addition to correpondence, for example, in Theodicy of 1710 and Monadology and Principles of Nature and Grace of 1714). Here I focus on the short-term development of Leibniz's views on the topic (around 1695-1705), but I argue that his basic view of the spiritual machine did not change much after finishing the dialogue with Locke in 1704. (shrink)

Clinicians regularly work as teams and perform joint actions that have a great deal of moral significance. As a result, clinicians regularly share moral responsibility for the actions of their teams and other clinicians. In this paper, we argue that clinicians are exceptionally susceptible to a special type of moral luck, called interpersonal moral luck, because their moral statuses are often affected by the actions of other clinicians in a way that is not fully within their control. We then argue (...) that this susceptibility partly explains why a conscientious clinician has reason to avoid participating in unvirtuous healthcare teams. We also argue that this susceptibility partly explains the special systems of entitlements that characterize healthcare teams and set healthcare teams apart from other teams of workers. (shrink)

Julia Ward Howe, author of the lyrics to “The Battle Hymn of the Republic,” remains known as a poet, abolitionist, and founding member of the antiracist organization American Woman Suffrage Association, but her work on political philosophy and her foundational sense of the necessity for justice and suffrage for all without exception are still unexplored. Howe's speech, “The Position of Women in Plato's Republic” provides a window into the philosophy that shaped the second half of her life and her (...) political organizing. Howe explores problems feminist scholars have often had with Socrates's plans to educate and enfranchise women of the ruling class, analyzes the rhetoric behind Socrates's successful persuasion of reluctant interlocutors, and transforms Plato's arguments into overwhelming rhetorical support for universal suffrage. Howe's intellectual conversion to the cause of suffrage, which occurred later in life and after her support for the 15th Amendment, comes into focus as she wrestles with the questions fundamental to her change of heart: women's moral relationship to human excellence, whether suffrage would destabilize family life, the relationship of gender to divine genderless unity, and the relationship of the Platonic principle of the Good to practical political policy. (shrink)

Over a century ago a Western observer recognized an effective morality among Navajo Indians in the American Southwest, yet could not locate its expression, except in mythology recounting contradictory behaviors. Through the 1900s scholars delineated contours of Navajo moral values, myths, and taxonomies upon which moral traditions were based, and situations in which Navajos have engaged in ethical decision-making. Recently individual Navajos have manifested their role as ethical agents, not merely as recipients of moral lore. A contemporary Navajo storyteller, Sunny (...) Dooley, enunciates narrative ethical judgments, grounded in traditional Navajo mythology and its religious milieu, as she addresses the present conditions of her people. Thus she probes the contradictions that are inherent to life. Her stories testify to the insoluble conflicts within the human condition, ultimate and immediate conundrums that must be faced, even though they surely will not be resolved. (shrink)

Kant says that moral values are ‘good without qualification.’ This assertion and similar remarks of Plato can be understood in terms of a return to moral data themselves in the following ways: 1. Moral values are objectively good and not relative to our judgments; 2. Moral goodness is intrinsic goodness grounded in the nature of acts and independent of our subjective satisfaction; 3. Moral goodness expresses in an essentially new and higher sense of the idea of value as such; 4. (...) Moral Goodness cannot be abused like intellectual, aesthetic, temperamental and other values; 5. Moral values are good in that they never must be sacrificed for any other value, because they are incomparably higher and should absolutely and ‘first’ be sought for; 6. Moral goodness makes the person as such good; 7. All three different modes of participation in moral values are linked to the absolute, most ‘necessary’ and highest good for the person; 8. Moral Values are goods "in the unrestricted sense" by being pure perfections in the sense that "neither in this world nor outside it" can we find anything that could be called good unqualifiedly except moral goodness which is absolutely better to possess than not to possess. 9. Moral Values are unconditionally good because they are never just ‘means’ towards ends. 10. Moral values imply a new type of ought which elucidates the ‘absolute sense’ in which they are good. Conclusion: These distinctions allow a better grasp of Kant and Plato as well as of a central ethical truth decisive for the moral education of humankind. (shrink)

Rigorous attention has been paid to moral distress among healthcare professionals, largely in high-income settings. More obscure is the presence and impact of moral distress in contexts of chronic poverty and structural violence. Intercultural ethics research and dialogue can help reveal how the long-term presence of morally distressing conditions might influence the moral experience and agency of healthcare providers. This article discusses mixed-methods research at one nongovernmental social support agency and clinic in Rio de Janeiro, Brazil. Chronic levels of moral (...) distress and perceptions of moral harm among clinicians in this setting were both violent, following Nancy Scheper-Hughes’ use of that term, and a source of exceptional and innovative care. Rather than glossing over the moral variables of work in such desperate extremes, ethnography in these settings reveals novel skills and strategies for managing moral distress. (shrink)

From a philosophical standpoint, the work presented here is based on van Fraassen [26]. The bulk of that paper is organized around a series of arguments against the assumption, built into standard deontic logic, that moral dilemmas are impossible; and van Fraassen only briefly sketches his alternative approach. His paper ends with the conclusion that “the problem of possibly irresolvable moral conflict reveals serious flaws in the philosophical and semantic foundations of ‘orthodox’ deontic logic, but also suggests a rich set (...) of new problems and methods for such logic.” My goal has been to suggest that some of these methods might be found in current research on nonmonotonic reasoning, and that some of the problems may have been confronted there as well.I have shown that nonmonotonic logics provide a natural framework for reasoning about moral dilemmas, perhaps even more useful than the ordinary modal framework, and that the issues surrounding the treatment of exceptional information within these logics run parallel to some of the problems posed by conditional oughts. However, there is also another way in which deontic logic might benefit from a connection to nonmonotonic reasoning. A familiar criticism among ethicists of work in deontic logic is that it is too abstract, and too far removed from the kind of problems confronted by real agents in moral deliberation. It must be said that similar criticisms of abstraction and irrelevance are often lodged against work in nonmonotonic reasoning by more practically minded researchers in artificial intelligence; but here, at least, the criticisms are taken seriously. Nonmonotonic logic aims at a qualitative account of commonsense reasoning, which can be used to relate planning and action to defeasible goals and beliefs; and at least some of the theories developed in this area have been tested in realistic situations. By linking the subject of deontic logic to this research, it may be possible also to relate the idealized study of moral reasoning typical of the field to a more robust treatment of practical deliberation. (shrink)

How can an individual’s Moral Compass address the question of whether or not to help a patient to shorten and end his or her life? Moral Compass has been defined as that set of values and experiences that guides each individual’s decisions and conduct in relation to others and to society. Can a robot be programmed to have a moral compass? If we were only considering rules of conduct, then perhaps yes, that would be possible. We could establish a series (...) of rules and sanctions that a computer assisted robot could rigorously apply for any violation. The state and many religions already do that, and many individuals are quite comfortable with rigorous, unbendable rules. Most rules, however, have exceptions, so perhaps the robots of the future can be designed to be flexible, that is, human. (shrink)

Do moral questions have objective answers? In this great debate, Gilbert Harman explains and argues for relativism, emotivism, and moral scepticism. In his view, moral disagreements are like disagreements about what to pay for a house; there are no correct answers ahead of time, except in relation to one or another moral framework. Independently, Judith Jarvis Thomson examines what she takes to be the case against moral objectivity, and rejects it; she argues that it is possible to find out the (...) correct answers to some moral questions. In her view, some moral disagreements are like disagreements about whether the house has a ghost. Harman and Thomson then reply to each other. This important, lively accessible exchange will be invaluable to all students of moral theory and meta-ethics. (shrink)