English summary: Marc Andre Wiegand analyzes the neo-Kantian premises of Gustav Radbruch's legal philosophy.

A commonly neglected feature of the so-called Equal Weight View, according to which we should give our peers’ opinions the same weight we give our own, is its prima facie incompatibility with the common picture of philosophy as an armchair activity: an intellectual effort to seek a priori knowledge. This view seems to imply that our beliefs are more likely to be true if we leave our armchair in order to find out whether there actually are peers who, by disagreeing (...) with us, force us to revise our beliefs. This article argues that the Equal Weight View should be spelled out in such a way that not only actual peer disagreement requires us to revise our beliefs, but also merely possible peer disagreement. This result is not a reductio ad absurdum of the view. Quite the opposite: it shows that the view is, contrary to appearance, compatible with our common way of doing philosophy. (shrink)

Debates on the moral status of human embryos have been highly and continuously controversial. For many, these controversies have turned into a fruitless scholastical endeavor. However, recent developments and insights in cellular biology have cast further doubt on one of the core points of dissent: the argument from potentiality. In this article we want to show in a nonscholastical way why this argument cannot possibly survive. Getting once more into the intricacies of status debates is a must in our eyes. (...) Not merely intellectual coherence but the standing and self-understanding of current stem cell research might profit from finally taking leave of the argument from potentiality. (shrink)

The question of whether biologists should continue to use the Linnaean hierarchy has been a hotly debated issue. Invented before the introduction of evolutionary theory, Linnaeus's system of classifying organisms is based on outdated theoretical assumptions, and is thought to be unable to provide accurate biological classifications. Marc Ereshefsky argues that biologists should abandon the Linnaean system and adopt an alternative that is more in line with evolutionary theory. He traces the evolution of the Linnaean hierarchy from its introduction (...) to the present. He illustrates how the continued use of this system hampers our ability to classify the organic world, and then goes on to make specific recommendations for a post-Linnaean method of classification. Accessible to a wide range of readers by providing introductory chapters to the philosophy of classification and the taxonomy of biology, the book will interest both scholars and students of biology and the philosophy of science. (shrink)

This article introduces the doctrine of the passions in the Hobbesian work, showing its debt with tradition, especially the scholastic Aristotelian one, even if, at the same time, it offers some breach features with this tradition, which are also analysed. In addition, the fundamentals of imagination manifest themselves in the appetitive process, in Hobbes's doctrine as well as in the scholastic Aristotelian tradition, showing their similarities and differences.

Scientists have long counseled against interpreting animal behavior in terms of human emotions, warning that such anthropomorphizing limits our ability to understand animals as they really are. Yet what are we to make of a female gorilla in a German zoo who spent days mourning the death of her baby? Or a wild female elephant who cared for a younger one after she was injured by a rambunctious teenage male? Or a rat who refused to push a lever for food (...) when he saw that doing so caused another rat to be shocked? Aren’t these clear signs that animals have recognizable emotions and moral intelligence? With _Wild Justice_ Marc Bekoff and Jessica Pierce unequivocally answer yes. Marrying years of behavioral and cognitive research with compelling and moving anecdotes, Bekoff and Pierce reveal that animals exhibit a broad repertoire of moral behaviors, including fairness, empathy, trust, and reciprocity. Underlying these behaviors is a complex and nuanced range of emotions, backed by a high degree of intelligence and surprising behavioral flexibility. Animals, in short, are incredibly adept social beings, relying on rules of conduct to navigate intricate social networks that are essential to their survival. Ultimately, Bekoff and Pierce draw the astonishing conclusion that there is no moral gap between humans and other species: morality is an evolved trait that we unquestionably share with other social mammals. Sure to be controversial, _Wild Justice_ offers not just cutting-edge science, but a provocative call to rethink our relationship with—and our responsibilities toward—our fellow animals. (shrink)

Marc Hauser puts forth the theory that humans have evolved a universal moral instinct, unconsciously propelling us to deliver judgments of right and wrong independent of gender, education, and religion. Combining his cutting-edge research with the latest findings in cognitive psychology, linguistics, neuroscience, evolutionary biology, economics, and anthropology, Hauser explores the startling implications of his provocative theory vis-à-vis contemporary bioethics, religion, the law, and our everyday lives.

ZusammenfassungDie Odysseus-Verfügung ist als besondere Form der Patientenverfügung zumindest in der Literatur hinlänglich bekannt. Die Verwendung des Begriffs und damit sein Gegenstandsbereich sind hingegen noch immer umstritten. Zudem wird oft nicht beachtet, dass es innerhalb dieses Gegenstandsbereichs Varianten von OVs zu differenzieren gilt, die sich auch in ihrer moralischen Rechtfertigung unterscheiden. Nicht zuletzt ist die Grundstrukturstruktur dieser Rechtfertigung umstritten. Vor diesem Hintergrund plädieren wir im Folgenden zunächst für eine Eingrenzung des Begriffs, mit der argumentative und klinisch-praktische Verwirrungen vermieden werden können. (...) Anschließend betrachten wir zwei Varianten von – Zwang legitimierenden – OVs, die sich in der individuellen Kompetenz des Destinatärs unterscheiden. Schließlich zeigen wir, dass deren Rechtfertigung ungeachtet des Umstandes, dass OVs auf Wiedererlangung der Urteils- und Steuerungsfähigkeit des Patienten angelegt sind, weder in einer gemutmaßten noch gar in einer faktischen retrospektiven Billigung von Zwang durch den Patienten liegt. Die primäre Legitimationsgrundlage von OVs besteht vielmehr in der ex ante erfolgenden Autorisierung durch den Betroffenen selbst. Die hier einzuräumende Autorität wiederum basiert auf dem Recht jeder Person auf lebensplanerische Selbstbestimmung. In einem kurzen abschließenden Teil skizzieren wir dann noch die besondere Bedeutung der Odysseus-Vereinbarung als einer Unterform der OV. (shrink)

Según la noción clásica el derecho es el objeto de la justicia; también clásicamente se dice que el ius es lo justo, lo debido. Según esto, el ius naturale es lo justo que se funda en la naturaleza y es lo debido por naturaleza. Frente a estas nociones clásicas Thomas Hobbes define al ius naturale como la libertad que cada hombre tiene de usar su propio poder como quiera, para la conservación de su propia naturaleza, es decir, de su vida. (...) También podemos marcar la diferencia entre la concepción clásica de la ley natural como dictamen de la razón práctica que ordena al hombre hacia el fin inscripto en su naturaleza, permitiendo reconocer el bien y el mal afin de realizar el primero y evitar el último, de la noción moderna hobbesiana que concibe la lex naturalis como norma general que obliga a realizar lo que preserve mejor su vida u omitir lo que pueda destruirla o privarle de los medios de conservarla. El objetivo de este artículo es mostrar cómo y porqué se llega a estas diferencias tan marcadas. (shrink)

This paper proposes a model of human uniqueness based on an unusual distinction between two contrasted kinds of political competition and political status: (1) antagonistic competition, in quest of dominance (antagonistic status), a zero-sum, self-limiting game whose stake—who takes what, when, how—summarizes a classical definition of politics (Lasswell 1936), and (2) synergistic competition, in quest of merit (synergistic status), a positive-sum, self-reinforcing game whose stake becomes “who brings what to a team’s common good.” In this view, Rawls’s (1971) famous virtual (...) “veil of ignorance” mainly conceals politics’ antagonistic stakes so as to devise the principles of a just, egalitarian society, yet without providing any means to enforce these ideals (Sen 2009). Instead, this paper proposes that human uniqueness flourished under a real “adapted veil of ignorance” concealing the steady inflation of synergistic politics which resulted from early humans’ sturdy egalitarianism. This proposition divides into four parts: (1) early humans first stumbled on a purely cultural means to enforce a unique kind of within-team antagonistic equality—dyadic balanced deterrence thanks to handheld weapons (Chapais 2008); (2) this cultural innovation is thus closely tied to humans’ darkest side, but it also launched the cumulative evolution of humans’ brightest qualities—egalitarian team synergy and solidarity, together with the associated synergistic intelligence, culture, and communications; (3) runaway synergistic competition for differential merit among antagonistically equal obligate teammates is the single politically selective mechanism behind the cumulative evolution of all these brighter qualities, but numerous factors to be clarified here conceal this mighty evolutionary driver; (4) this veil of ignorance persists today, which explains why humans’ unique prosocial capacities are still not clearly understood by science. The purpose of this paper is to start lifting this now-ill-adapted veil of ignorance, thus uncovering the tight functional relations between egalitarian team solidarity and the evolution of human uniqueness. (shrink)

In Tractatus Logico‐Philosophicus (TLP), Wittgenstein gave ethics the same semantic status as logic. This paper first investigates this claim from the perspective of Wittgenstein’s lifelong semantic framework. This reveals that ethical sentences are meaningless expressions, which can only be used to ostensively point out conditions of meaningfulness. Secondly, the paper assesses the implications of this conclusion for understanding the seven cryptic remarks on value and ethics in TLP. Using the connection between will and value in TLP and will and sentence (...) interpretation in Philosophical Investigations, it is suggested that Wittgenstein held lifelong views on value and ethics. (shrink)

In 2012, the Swedish newspaper Dagens Nyheter published a series of articles criticising Swedish national level gymnastics for being abusive. This text analyses the subsequent debate by identifying the discursive and rhetorical resources used by the involved parties. The analysis shows how the parties negotiate accountability, manage dilemmas of stake and what the possible social consequences of these are. Five narratives are singled out in the debate: the counter narrative, the victim narrative, the defence-speech narrative, the expert narrative and the (...) ‘not-us-narrative’. In these narratives, the involved parties used rhetorical resources to account for reality. Hence, the gymnastics community, the research community, individuals and journalists are all portrayed as actors co-producing a social problem. (shrink)

This work presents a large selection of Venturi, Scott Brown, and Izenour's pictures in large size. The essays complement the pictures and investigate how they used images to contemplate the phenomenon of the modern city and forge the link to the architectural practice of the past decades.

To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation (within the limited range of our sample population) and (2) a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

Logical puzzles like the doctrinal paradox raise the problem of how to aggregate individual judgements into a collective judgement, or alternatively, how to merge collectively inconsistent knowledge bases. In this paper, we view judgement aggregation as a function on propositional logic valuations, and we investigate how logic constrains judgement aggregation. In particular, we show that there is no non-dictatorial decision method for aggregating sets of judgements in a logically consistent way if the decision method is local, i.e., only depends on (...) the individual judgements on the proposition under consideration. (shrink)

: To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation and a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

This ethnographic study of political life in the department of the Yonne, in the Burgundy region, explores a still richly Balzacian provincial world. The author, a French anthropologist, has extensive field experience in Ethiopia. Deploying the insights and methods of social anthropology by drawing on local history, interviews and participant observation, Abélès describes politicians at every level, from municipal officers to Members of Parliament and Ministers. He provides a clear picture of the process of 'decentralization' initiated by the Socialist government (...) in 1982, and undermines the simplistic notion of 'centralist France'. This book, which develops a fresh perspective on political life in France, past and present, illustrates more generally an exciting approach to modern political phenomena, from the point of view of anthropology. (shrink)

Conflicts of interest are rampant in the American medical community. Today it is not uncommon for doctors to refer patients to clinics or labs in which they have a financial interest (40% of physicians in Florida invest in medical centers); for hospitals to offer incentives to physicians who refer patients (a practice that can lead to unnecessary hospitalization); or for drug companies to provide lucrative give-aways to entice doctors to use their "brand name" drugs (which are much more expensive than (...) generic drugs). In Medicine, Money and Morals, Marc A. Rodwin draws on his own experience as a health lawyer--and his research in health ethics, law, and policy--to reveal how financial conflicts of interest can and do negatively affect the quality of patient care. He shows that the problem has become worse over the last century and provides many actual examples of how doctors' decisions are influenced by financial considerations. We learn how two California physicians, for example, resumed referrals to Pasadena General Hospital only after the hospital started paying $70 per patient (their referrals grew from 14 in one month to 82 in the next). As Rodwin writes, incentives such as this can inhibit a doctor from taking action when a hospital fails to provide proper service, and may also lead to the unnecessary hospitalization of patients. We also learn of a Wyeth-Ayerst Labs promotion in which physicians who started patients on INDERAL (a drug for high blood pressure, angina, and migraines) received 1000 mileage points on American Airlines for each patient (studies show that promotions such as this have a direct effect on a doctor's choice of drug). Rodwin reveals why the medical community has failed to regulate conflicts of interest: peer review has little authority, state licensing boards are usually ignorant of abuses, and the AMA code of ethics has historically been recommended rather than required. He examines what can be learned from the way society has coped with the conflicts of interest of other professionals --lawyers, government officials, and businessmen--all of which are held to higher standards of accountability than doctors. And he recommends that efforts be made to prohibit and regulate certain kinds of activity (such as kickbacks and self-referrals), to monitor and regulate conduct, and to provide penalties for improper conduct. Our failure to face physicians' conflicts of interest has distorted the way medicine is practiced, compromised the loyalty of doctors to patients, and harmed society, the integrity of the medical profession, and patients. For those concerned with the quality of health care or medical ethics, Medicine, Money and Morals is a provocative look into the current health care crisis and a powerful prescription for change. (shrink)

What is a fair distribution of resources and other goods when individuals are partly responsible for their achievements? This book develops a theory of fairness incorporating a concern for personal responsibility, opportunities and freedom. With a critical perspective, it makes accessible the recent developments in economics and philosophy that define social justice in terms of equal opportunities. It also proposes new perspectives and original ideas. The book separates mathematical sections from the rest of the text, so that the main concepts (...) and ideas are easily accessible to non-technical readers. -/- It is often thought that responsibility is a complex notion, but this monograph proposes a simple analytical framework that makes it possible to disentangle the different concepts of fairness that deal with neutralizing inequalities for which the individuals are not held responsible, rewarding their effort, respecting their choices, or staying neutral with respect to their responsibility sphere. It dwells on paradoxes and impossibilities only as a way to highlight important ethical options and always proposes solutions and reasonable compromises among the conflicting values surrounding equality and responsibility. -/- The theory is able to incorporate disincentive problems and is illustrated in the examination of applied policy issues such as: income redistribution when individuals may be held responsible for their choices of labor supply or education; social and private insurance when individuals may be held responsible for their risky lifestyle; second chance policies; the measurement of inequality of opportunities and social mobility. (shrink)

Policy-makers must sometimes choose between an alternative which has somewhat lower expected value for each person, but which will substantially improve the outcomes of the worst off, or an alternative which has somewhat higher expected value for each person, but which will leave those who end up worst off substantially less well off. The popular ex ante Pareto principle requires the choice of the alternative with higher expected utility for each. We argue that ex ante Pareto ought to be rejected (...) because it conflicts with the requirement that, when possible, one ought to decide as one would with full information. We apply our argument in an analysis of US policy on screening for breast cancer. -/- . (shrink)

Governments and companies are increasingly promoting and organizing Responsible Innovation. It is, however, unclear how the seemingly incompatible demands for responsibility, which is associated with care and caution, can be harmonized with demands for innovation, which is associated with risk-taking and speed. We turn to the tradition of virtue ethics and argue that it can be a strong accomplice to Responsible Innovation by focussing on the agential side of innovation. Virtue ethics offers an adequate response to the epistemic and moral (...) complexity in innovation and encourages moral behaviour. We enumerate a number of virtues that people involved in Responsible Innovation would need to cultivate both related to responsibility, such as justice, anticipation, civility and inclusion, and virtues related to innovation, such as courage, dedication, curiosity and creativity. We put forward practical wisdom as a key virtue to regulate relevant virtues and to deal with the tension between responsibility and innovation. Practical wisdom helps an agent to find an appropriate mean in exercising and expressing the other virtues—where the mean is relative to the specific context of action and the role and abilities of the agent. (shrink)

In his groundbreaking book, Marc Hauser puts forth a revolutionary new theory: that humans have evolved a universal moral instinct, unconsciously propelling us to deliver judgments of right and wrong independent of gender, education, and religion. Combining his cutting-edge research with the latest findings in cognitive psychology, linguistics, neuroscience, evolutionary biology, economics, and anthropology, Hauser explores the startling implications of his provocative theory vis-à-vis contemporary bioethics, religion, the law, and our everyday lives.