Dutch euthanasia legislation states that an act of euthanasia is only permissible if it is based on a voluntary request made in a situation of unbearable suffering to which there are no alternatives.The central question of this article is whether these criteria can be satisfied simultaneously. In an analysis of several (partly overlapping) definitions of voluntariness it is argued that there are circumstances in which this question should be answered negatively.The possible incompatibility of the criteria reveals a tension between different (...) defences of the permissibility of euthanasia. (shrink)

Enlightened experience (i.e. awakened to the truth) is the most valuable one in most religions including Christianity and Buddhism. As well-known cases of such experience are Apocalypse St. Paul and many Grand Zen masters in Zen Buddhism, it is natural for us to believe that the enlighten is for very talented or speciallytrained ones. However, applying the complexity theory on the structure of enlightenment, based on the power law function, selforganized criticality, phase transition, and emergence, it is clear that the (...) full awakening can be experienced by everyone in daily life. Furthermore, such experiences are not necessary to be limited in religious one. Rediscovering the path to full awakening by complexity theory leads to the demythologization of the enlightenment in Korean Zen Buddhism, which emphasizes a hard apprenticeship in temple for long periods for the purpose. (shrink)

A hard choice is a situation in which an agent is unable to make a justifiable choice from a given menu of alternatives. Our objective is to present a systematic treatment of the axiomatic structure of such situations. To do so, we draw on and contribute to the study of choice functions that can be indecisive, i.e., that may fail to select a non-empty set for some menus. In this more general framework, we present new characterizations of two well-known choice (...) rules, the maximally dominant choice rule and the top-cycle choice rule. Together with existing results, this yields an understanding of the circumstances in which hard choices arise. (shrink)

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In 'Yeogi (禮記)', the Chinese scriptures of Confucianism, they recoded the solar calendar of modern viewpoints. According to the ancient document, the 24 solar terms was one of seasonal divisions in a year. The regularly change of the four seasons play an important part in the national economic project. For a national economy depended on agriculture in East Asia of ancient times, the administration to pay no regard to the change of the season was directly connected to the fall of (...) the nation. And then the legislator must enact laws to reflect the change of the season. According to the 'Wolryeong (月令)' in 'Yeogi (禮記)', there is recoded national regulations to suit with the each twelve momth. The first month of spring is the prime of the year (February). The month shows sign of new livingthings. The ruler take order to protect the first breath of spring and ought to put a ban on the military training and labor mobilization. The reasons are to safeguard the new life and not to interrupt the preparation for farming. Confucian attach value to the nature within a human’s way of life. Therefore the norm of human do correlate closely with the principle of nature. The rule of Wuju (宇宙) was not a simple concept of the natural phenomenon and Cheon (天) was not the Almighty for himself. Cheon was just the existence of virtue and moral influence in the confidence of man. And Ji (地) was the Mother of all things. In this space man had to manage the world in sympathy with the process of cheonJi (天地); Cheonsi (天時), JIri (地利), Inhwa (人和). (shrink)

This paper argues that the philosophical analysis of moral responsibility would benefit from focusing more on the social freedom of individuals. In a critique of Frankfurt, it is argued that an individual only is responsible for the consequences of her action if she had the opportunity not be responsible for them. The resulting theory of moral responsibility is applied to the analysis of collective decision processes, and in particular to political decision making. The main conclusion is that, though we do (...) not bear ‘absolute responsibility’ for all of the consequences of our actions, our moral and political responsibility is larger than often is assumed. (shrink)

This paper presents a non-preference-based approach to the analysis of negative freedom. It is argued that a proper understanding of (different conceptions of) negative freedom necessitates an examination of the consequences of changes in the set of feasible alternatives. For this reason the paper does not focus on freedom rankings of opportunity sets but on freedom rankings of opportunity situations, i.e., pairs consisting of a feasible set and an opportunity set. Three different freedom rankings of opportunity situations are axiomatically characterised. (...) Each of the three rankings forms a generalisation of the purely cardinality-based freedom ranking of opportunity sets presented by Pattanaik and Xu (1990). (shrink)

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they are mere negative liberties, something that (...) capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism. (shrink)

This paper makes a contribution to the further development of the game-theoretic analysis of rights. The model presented here differs in several respects from the existing models. First of all, a distinction is made between outcome-oriented and action-oriented rights, a distinction which is closely related to the distinction between active and passive rights. Second, the legal-theoretic notions of negative and positive rights are formally defined. Third, we not only discuss the definition of rights, but also the way rights can be (...) violated. Using the distinction between negative and positive rights on the one hand, and between active and passive rights on the other, four different types of basic rights are distinguished. For each of these rights, the situations in which they can be said to be respected are examined. We thereby distinguish two possible sources of obstruction: by (groups of) individuals, and by law. Finally, the question of the possible realization of rights is examined. Depending on how the problem of the possible mutual incompatibility of rights is addressed, two distinct approaches are examined. It turns out that in both approaches the possible realization of rights crucially depends on characteristics of the 'state of nature'. (shrink)

Recent theories of negative freedom see it as a value-neutral concept; the definition of freedom should not be in terms of specific moral values. Specifically, preferences or desires do not enter into the definition of freedom. If preferences should so enter then Berlin's problem that a person may enhance their freedom by changing their preferences emerges. This paper demonstrates that such a preference-free conception brings its own counter-intuitive problems. It concludes that these problems might be avoided if the description of (...) the constraints which specify an agent's lack of freedom include the intentions of those who constrain the agents. (Published Online July 31 2007) Footnotes1 Versions of this paper have been read to a diverse set of academics in Bayreuth, Germany; Groningen, Netherlands; LSE, UK; and in Dublin, Ireland. We would like to thank participants at those sessions for their comments. We also thank anonymous referees, Ian Carter and Luc Bovens for their help in improving the paper. (shrink)

In this article we pose three questions: 1) What are the questions that gave rise to the introduction of the concept and subdiscipline of meta-ethics? 2) What characterises the view of meta-ethics as a subdiscipline of moral philosophy? And 3) is it in fact possible to uphold a systematic distinction between normative moral philosophy and meta-ethics in a way that allows us to see these two aspects of moral philosophy as independent subdisciplines? In trying to answer these questions, we trace (...) two different roads in the shaping of the current understanding of meta-ethics: the introduction of the word in analytical moral philosophy and the characterisation of meta-ethics in the formative period of meta-ethics and in contemporary introductions. Among the characteristics ascribed to meta-ethics, we identify a special focus on normative neutrality, and we furthermore show that this idea of neutrality as the defining characteristic of meta-ethics cannot be upheld. Our aim is to show that meta-ethics cannot be characterised or construed in a way that is normatively neutral and independent of other work done in normative ethics. We therefore challenge the claim that meta-ethics makes up a subdiscipline that is independent of other work done in moral philosophy. Instead, we suggest a reflective view of the relationship between meta-ethics and normative ethics, according to which we should acknowledge that meta-ethics is inherently normative, and that meta-ethical questions are interwoven with normative questions in moral philosophy. (shrink)

We discuss the interrelations between BCK-algebras and posets with difference. Applications are given to bounded commutative BCK-algebras, difference posets, MV-algebras, quantum MV-algebras and orthoalgebras.

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the 'avoidance potential', which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of 'the problem of many hands'. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (shrink)

This paper presents a formal framework that purports to capture some aspects of Kant's theory of freedom. In particular, we argue that the analysis sheds further light on Kant's distinction between a negative and a positive concept of freedom. The paper shows that the two concepts are not equivalent: we not only argue that in a Kantian perspective negative freedom need not entail positive freedom, but also that there are situations in which a person can be said to be positively (...) but not negatively free (in a Kantian sense). (shrink)

This paper provides a methodologically original construction of Kant’s “Formula of Universal Law” . A formal structure consisting of possible worlds and games—a “game frame”—is used to implement Kant’s concept of a maxim and to define the two tests FUL comprises: the “contradiction in conception” and “contradiction in the will” tests. The paper makes two contributions. Firstly, the model provides a formal account of the variables that are built into FUL: agents, maxims, intentions, actions, and outcomes. This establishes a clear (...) benchmark for understanding how the mechanics of FUL actually work. Secondly, the analysis of the resulting framework sheds new light on discussions about the implications of FUL. On the basis of this, we suggest a move to “comprehensive Kantianism’, which is the application of FUL to systems of maxims rather than to isolated maxims. (shrink)

We present evidence for the existence of `responsibility voids' in committee decision-making, that is, the existence of situations where no member of a committee can individually be held morally responsible for the outcome. We analyse three types of reasons (causal, normative and epistemic) for the emergence of responsibility voids, and show that each of them can occur in committees. But the conditions for these voids are so restrictive as to reduce the philosophical or institutional significance they might be thought to (...) possess. (shrink)

Humor is a contextual phenomenon that exists in all societies, although the impact of humor may differ across different cultures. The data for this research was collected using an ethnographic approach, incorporating participant observation and semi-structured interviews. Based in three different South Korean organizations, this research offered the opportunity to interact in depth with workers of varying ages, genders, hierarchical levels, and organizational roles. Observations were complimented by 46 in-depth interviews and ad hoc follow-up discussions. This paper adopts a Confucian (...) perspective to understand the perception and use of workplace humor in these South Korean organizations. Confucian philosophy emphasizes the value of formality within society in order to maintain respectful relationships between individuals. We suggest that humor is used in these South Korean workplaces to support traditional Confucian values of harmony and hierarchy, and the changing cultural values in these workplaces influence humor perceptions in complex ways. The Confucian value of harmony maintained through the idea of hierarchy creates pressure for organizational members, to accept and cope with contentious humor in the workplace. In particular, the clash between the need to maintain harmonious relationships in the workplace (through obedience towards superiors) and the desire to reject some types of humor highlights issues for younger organizational members. Internal conflict creates distress for younger employees who may hold more Westernized values and this affects their emotional, psychological well-being. This study presents a cross-cultural perspective to organizational humor, and suggests that humor may not always be a positive experience for organizational members, but instead may create psychological distress in some employees. (shrink)