A classic exposition of Kant's ethical thought.

Although the view that punishment is to be justified on utilitarian grounds has obvious appeal, an examination of utilitarianism reveals that, consistently and accurately interpreted, it dictates unjust punishments which are unacceptable to the common moral consciousness. In this rule?utilitarianism is no more satisfactory than is act?utilitarianism. Although the production of the greatest good, or the greatest happiness, of the greatest number is obviously a relevant consideration when determining which punishments may properly be inflicted, the question as to which punishment (...) is just is a distinct and more basic question and one which must be answered before we can determine which punishments are morally permissible. That a retributivist theory, which is a particular application of a general principle of justice, can account more satisfactorily for our notion of justice in punishment is a positive reason in its support. (shrink)

Dr. theol. Ulrich H.J. Körtner ist Professor für Systematische Theologie an der Evangelisch-Theologischen Fakultät der Universität Wien.

Originally published: London: Allen & Unwin, 1936.

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In Section I, the purely conceptual issue as to whether animals other than human beings, all or some, may possess rights is examined. This is approached via a consideration of the concept of a moral right, and by way of examining the claims of sentience, consciousness, capacities for pleasure and pain, having desires, possessing interests, self-consciousness, rationality in various senses. It is argued that only beings possessed actually or potentially of the capacity to be morally self-determining can be possessors of (...) rights. In Section II, normative questions concerning the rights animals might possess if they were to be capable of possessing rights are discussed. The approach followed is that of considering the kinds of argument advanced in support of human rights, and whether these arguments, and the rights they are claimed to establish, are transferable to animals, and whether there are or might be specifically animal rights. In Section III the question of what is or could be the goal of one who recognizes and seeks to respect all rights, animal and human, is raised. In particular, the issue as to whether a goal of maximizing the satisfaction of rights could remain a coherent one if animal rights are acknowledged, is explored. (shrink)

The long-term persistence of neurotic symptoms, such as anxiety, poses difficult problems for any psychological theory. An attempt is made to revive the Watson-Mowrer conditioning theory and to avoid the many criticisms directed against it in the past. It is suggested that recent research has produced changes in learning theory that can be used to render this possible. In the first place, the doctrine of equipotentiality has been shown to be wrong, and some such concept as Seligman's “preparedness” is required, (...) that is the notion that certain CS are biologically prepared to be more readily connected with anxiety responses than others. In the second place, the law of extinction has to be amended, and the law of incubation or enhancement added, according to which the exposure of the CS-only may, under certain specified conditions, have the effect of increasing the strength of the CR, rather than reducing it. The major conditions favouring incubation are Pavlovian B conditioning, that is a type of conditioning in which the CR is a drive; a strong UCS, and short exposure of the CS-only. (shrink)

In a recent issue of Analysis I gave a critique of some arguments made by Di Nucci concerning the so-called Simple View – the view that an agent performs an action intentionally only if he intends so to act. In turn Di Nucci offers a reply that concentrates on two points. The first has to do with a group of examples, one having to do with waking a flatmate, and the others with routine actions such as shifting gears while driving. (...) I rejected these examples, arguing that it is not at all obvious that in them the Simple View is violated. Additionally, I pointed out that these are not cases of agents doing something they thought they could not do, and so have no direct bearing on the issues of practical rationality that motivate Bratman's treatment of the Simple View, which Di Nucci is concerned to defend . Di Nucci accepts this second point. He claims, however, that I failed to understand the dialectic of his argument. …. (shrink)

The first section restates and elaborates on my argument in "rights," "philosophical quarterly", 1965, Arguing that rights are not explicable as claims, Powers, Expectations, Liberties. Equally, Statements about rights, Often being logically prior to such statements, Are not reducible to such statements. In section two, This claim is supported by reference to distinctions it is vital to draw between rights, Which do not parallel those to be drawn between kinds of duties. We need to distinguish "real" rights which may be (...) partially or completely unfulfillable, "conditional" rights which, If morally unfulfillable, Cease to be rights at all, And "prima facie" rights proper which are always rights, Basic, Ultimate, Rights, Whether or not it is physically or morally possible fully to acknowledge them. In section three, The ultimate basis of rights is examined. It is argued that for any moral right to exist, Some right(s) must be intrinsic to a possessor, And hence based on what he is and what he can become. (shrink)

The moral case for experimentation on animals rests both on the goods to be realized, the evils to be avoided thereby, and on the duty to respect persons and to secure them in the enjoyment of their natural moral rights. Some experimentation on animals presents no problems of justification as it involves no harm at all to the animals which are the subject of experiments and is such as to seek to achieve an advance in knowledge. Experiments on non-sentient animals, (...) like those on plant life, may harm the subjects but in ways that in themselves need raise no morally significant issues. Moral issues may arise if the subjects of experiments are members of an endangered species and for like reasons but not simply on account of the harm caused by the experiment to the subjects. Other experimentation on animals is to be justified solely in terms of its benefit to animals, even though it involves harm to the animals upon which experiments are performed. There are many poisons and diseases to which animals and not human beings are exposed which give rise to the need for experiments to determine effective therapies, treatments, or other remedies. Examples include annual rye grass toxicity, foot-and-mouth disease, the many fowl diseases, and so on. Human beings commonly have an interest in successfully experimenting to find effective remedies, either a financial interest as with farm animals, race horses and the like, amusement interest as with pets, or a concern not to have a species or variety become extinct. The moral case for such experiments may be strengthened by reference to such interests if they in turn have a moral basis, but generally it does not depend for its validity on this. Other experimentation that harms the animals involved is to be justified in terms of the benefits to be realized and evils lessened for persons by the knowledge and the use of the knowledge gained, where the knowledge is used to secure the enjoyment of their moral rights by persons. Much experimentation benefits both persons, contributing to the securing of their enjoyment of their moral rights, and animals which do not possess moral rights, and is to be morally justified on both counts. Obviously a great amount of experimentation occurs today which does not admit of justification along any of these lines, and hence, is such that it must be condemned as being morally wrong. (shrink)