Ricoeur’s theory of productive imagination in previously unpublished lectures. The eminent philosopher Paul Ricoeur was devoted to the imagination. These previously unpublished lectures offer Ricoeur’s most significant and sustained reflections on creativity as he builds a new theory of imagination through close examination, moving from Aristotle, Pascal, Spinoza, Hume, and Kant to Ryle, Price, Wittgenstein, Husserl, and Sartre. These thinkers, he contends, underestimate humanity’s creative capacity. While the Western tradition generally views imagination as derived from the reproductive example of the (...) image, Ricoeur develops a theory about the mind’s power to produce new realities. Modeled most clearly in fiction, this productive imagination, Ricoeur argues, is available across conceptual domains. His theory provocatively suggests that we are not constrained by existing political, social, and scientific structures. Rather, our imaginations have the power to break through our conceptual horizons and remake the world. (shrink)

In this chapter, I consider the idea that physician-assisted death might come into question in the cases of psychiatric patients who are incapable of making autonomous choices about ending their lives. I maintain that the main arguments for physician-assisted death found in recent medical ethical literature support physician-assisted death in some of those cases. After assessing several possible criticisms of what I have argued, I conclude that the idea that physicianassisted death can be acceptable in some cases of psychiatric patients (...) who lack autonomy ought to be taken into account in assessing the moral and legal acceptability of physician-assisted death. (shrink)

Strawson argues that we should understand moral responsibility in terms of our practices of holding responsible and taking responsibility. The former covers what is commonly referred to as backward-looking responsibility , while the latter covers what is commonly referred to as forward-looking responsibility . We consider new technologies and interventions that facilitate assignment of responsibility. Assigning responsibility is best understood as the second- or third-personal analogue of taking responsibility. It establishes forward-looking responsibility. But unlike taking responsibility, it establishes forward-looking responsibility (...) in someone else. When such assignments are accepted, they function in such a way that those to whom responsibility has been assigned face the same obligations and are susceptible to the same reactive attitudes as someone who takes responsibility. One family of interventions interests us in particular: nudges. We contend that many instances of nudging tacitly assign responsibility to nudgees for actions, values, and relationships that they might not otherwise have taken responsibility for. To the extent that nudgees tacitly accept such assignments, they become responsible for upholding norms that would otherwise have fallen under the purview of other actors. While this may be empowering in some cases, it can also function in such a way that it burdens people with more responsibility that they can (reasonably be expected to) manage. (shrink)

In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...) fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test. (shrink)

In this Introduction, we aim to introduce the reader to the basic topic of this book. As part of this, we explain why we are using two different expressions (‘conceptual engineering’ and ‘conceptual ethics’) to describe the topics in the book. We then turn to some of the central foundational issues that arise for conceptual engineering and conceptual ethics, and finally we outline various views one might have about their role in philosophy and inquiry more generally.

Moderate scientism is the view that empirical science can help answer questions in nonscientific disciplines. In this paper, we evaluate moderate scientism in philosophy. We review several ways that science has contributed to research in epistemology, action theory, ethics, philosophy of language, and philosophy of mind. We also review several ways that science has contributed to our understanding of how philosophers make judgments and decisions. Based on this research, we conclude that the case for moderate philosophical scientism is strong: scientific (...) practice has promoted significant progress in philosophy and its further development should be welcomed and encouraged. (shrink)

The typical epistemology course begins with a discussion of the distinction between justification and knowledge and ends without any discussion of the distinction between justification and excuse. This is unfortunate. If we had a better understanding of the justification-excuse distinction, we would have a better understanding of the intuitions that shape the internalism-externalism debate. My aims in this paper are these. First, I will explain how the kinds of excuses that should interest epistemologists exculpate. Second, I will explain why the (...) intuitions that underwrite the new evil demon argument don't provide support for the internalist claim that justification is just in the head. The positive response that Cohen's example elicits is an indication that the subject should be excused if she violates an epistemic norm, not an indication that no norm has been violated. For just about any conceivable norm we can think of we can imagine situations in which someone violates that norm because they're moved by evidence that misleadingly suggests that they'd conform to it. When that happens, we'll respond positively in just the way we do when we consider Cohen's deceived subjects. When that happens, we cannot say that the subjects' responses were justified because we've stipulated that the subjects' responses contravene the relevant norms. Regardless of whether you think of norms along internalist or externalist lines, you should see that the intuitions that underwrite the new evil demon objection tell us nothing at all about whether a subject conforms to a norm. They tell us nothing about justification. (shrink)

This paper returns to the very concept of moral responsibility. Its focus is not on the conditions but on the nature of moral responsibility. First, it introduces the Strawsonian and ledger conceptions of moral responsibility. Next, it contrasts and compares these conceptions. Finally, it evaluates both conceptions and asks which is the right one. Though this article works toward further clarifying the concept of moral responsibility, its conclusion is open-ended.

Many people are drawn towards virtue ethics because of the central place it gives to emotions in the good life. Yet it may seem odd to evaluate emotions as virtuous or non-virtuous, for how can we be held responsible for those powerful feelings that simply engulf us? And how can education help us to manage our emotional lives? The aim of this book is to offer readers a new Aristotelian analysis and moral justification of a number of emotions that Aristotle (...) did not mention, or relegated, at best, to the level of the semi-virtuous, or made disparaging remarks about, or rejected explicitly. Kristjan Kristjansson argues that there are good Aristotelian reasons for understanding those emotions either as virtuous or as indirectly conducive to virtue. Virtuous Emotions begins with an overview of Aristotle's ideas on the nature of emotions and of emotional value, and concludes with an account of Aristotelian emotion education. (shrink)

Gibt es überzeugende Überforderungseinwände gegen anspruchsvolle moralische Auffassungen? In diesem Buch werden Überforderungseinwände präzise charakterisiert, systematisch eingeordnet und argumentativ verteidigt. Unter Berücksichtigung der wichtigsten philosophischen Beiträge zum Thema wird gezeigt, weshalb gewisse Moraltheorien und -prinzipien dafür kritisiert werden können, dass sie zu viel von einzelnen Personen verlangen.

Unlike other subjects of philosophy, violence is a familiar part of our everyday life, even if we usually encounter it primarily in the news. But does this mean that we already know what “violence” really is? So it would seem. Yet on second, philosophically mindful thoughts it becomes apparent that this seemingly trivial question is anything but easy to answer. This book offers a critical enquiry of the concept of violence, including detailed discussions of the concepts of collective and institutionalized (...) violence. It shows that these concepts, while remaining “essentially contested”, can be defined sufficiently precise to expose and criticize the strategically motivated abuse of the concept of violence that we encounter all too often. (shrink)

Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? This book presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts (...) across the analytic-continental divide, running from the state-of-nature stories of David Hume and the early genealogies of Friedrich Nietzsche to recent work in analytic philosophy by Edward Craig, Bernard Williams, and Miranda Fricker. However, these genealogies combine fictionalizing and historicizing in ways that even philosophers sympathetic to the use of state-of-nature fictions or real history have found puzzling. To make sense of why both fictionalizing and historicizing are called for, the book offers a systematic account of pragmatic genealogies as dynamic models serving to reverse-engineer the points of ideas in relation not only to near-universal human needs, but also to socio-historically situated needs. This allows the method to offer us explanation without reduction and to help us understand what led our ideas to shed the traces of their practical origins. Far from being normatively inert, moreover, pragmatic genealogy can affect the space of reasons, guiding attempts to improve our conceptual repertoire by helping us determine whether and when our ideas are worth having. (shrink)

Festschrift in Honor of Barry Smith on the occasion of his 65th Birthday. Published as issue 4:4 of the journal Cosmos + Taxis: Studies in Emergent Order and Organization. Includes contributions by Wolfgang Grassl, Nicola Guarino, John T. Kearns, Rudolf Lüthe, Luc Schneider, Peter Simons, Wojciech Żełaniec, and Jan Woleński.

When regimented in a certain natural way, the concepts of explanation and justification manifest a pattern of interrelations connected more or less systematically to their object. Besides its intrinsic interest, this pattern may give us some insight into the nature, source, and limits of the concept of argument.

The aim of this article is to argue for a conception of critical social science based on the model of constitutive rules. The author argues that this model is pragmatically superior to those models that employ notions like "illusion" and " ideology," as it does not demand a specification of the "real (but hidden) interests" of social actors. Key Words: constitutive rules • critical theory • ideology • recommendations • social facts.

Operational definitions of biological altruism in terms of actual fitness exchanges will not work because they include accidental acts as altruistic and exclude altruistic acts that have gone awry. I argue that the definition of biological altruism should contain an analogue of the role intention plays in psychological altruism. I consider two possibilities for this analogue, selected effect functions and the proximate causes and effects of behavior. I argue that the selected-effect function account will not work because it confuses the (...) explanation of some altruistic behavior with the definition of all of it and the information needed to justify a selected effect account of function is too often inaccessible. Close attention to the proximate explanations of a behavior is all that is needed to determine if an act is biologically altruistic, returning biological altruism to descriptive ethology, where it belongs. (shrink)

ABSTRACTIn this article, we conduct a discourse analysis of the testimony of the leaders of British banks during a UK public inquiry into the financial crisis. We examine the discursive devices that were used to handle the accountability of banking leaders, particularly their role in the events leading up to the collapse and subsequent state bail-out of the banks. Our analysis identifies two competing interpretative repertoires: an agentic repertoire and a structural repertoire. These repertoires are significant, we suggest, because they (...) inform understanding of what went wrong with the banking system and what should be done to reform and regulate the sector. We conclude by calling for the notions of agency and structure to be treated as an object of study within discourse analysis rather than a form of social scientific explanation. (shrink)

Moral responsibility invariantism is the view that there is a single set of conditions for being morally responsible for an action (or omission or consequence of an act or omission) that applies in all cases. I defend this view against some recent arguments by Joshua Knobe and John Doris.

In ‘Brentano’s Methodology as a Path through the Divide’, Röck makes two related claims. Röck argues that there exists a philosophical dilemma between description and logical analysis, and that the current divide between continental phenomenology and analytic philosophy may be seen as a consequence of the dilemma. Röck further argues that Brentano’s work integrates description and logical analysis in a way which ‘can provide a suitable starting point for an equally successful integration of these methods in contemporary philosophy’. Without disputing (...) Röck’s claim about the suitability of Brentano’s work for such an integration, this paper questions by examining the influence of Brentano and his school on early analytic philosophy. As recent scholarship in the history of analytic philosophy demonstrates, contrary to Röck’s contention, many prominent analytic philosophers conversed with Brentano and his school’s conceptions of phenomenological description. (shrink)

A familiar move that philosophers of sport make in the debate on the doping-issue is to reject from the start the argument that doping comes down to cheating. The claim that doping is cheating is often rebutted with the argument that doping is only cheating when one accepts that the use of doping is unjustified in itself. In this paper I want to argue that putting aside the cheating-argument in this way comes, first, too easy, because essential complexities of what (...) cheating is, are neglected. And, second, it comes too soon, because spelling the cheating argument out throws new light on the debate about matters of justifying the rules and criteria concerning doping. I will confine myself in this paper to the claim that it is in any case the institutional authorities that professional athletes cheat on. The relations with other parties that apparently can be claimed to be cheated upon also, such as other athletes in competition, are left out. The argument from cheating takes its starting point from a principle of fidelity, taken from Scanlon. By this principle the morally acceptable conduct of those taking part in a practice is grounded in the way reciprocal expectations are raised between parties to the practice. I apply this principle to the relation between athletes and institutional authorities in sport practices. This argument can take the cheating argument to a new level of seriousness, especially in the sense that the arguments treated here support a plea for democratization of the procedures and a larger role of the sportsmen and sportswomen themselves, or so I will defend. (shrink)

This paper argues that the categorical authority of love’s imperatives is derived from a sentimental contract. The problem is defined and the paper argues against two recent attempts to explain the authority of love’s demands by Velleman and Frankfurt. An argument is then set out in which it is shown that a constructivist approach to the problem explains the sources of love’s justifications. The paper distinguishes between the moral and the romantic case but argues that the sources of authority are (...) paralleled in each. The paper ends by asking what we are to say when the demands of morality and the demands of love conflict. (shrink)

In some situations in which undesirable collective effects occur, it is very hard, if not impossible, to hold any individual reasonably responsible. Such a situation may be referred to as the problem of many hands. In this paper we investigate how the problem of many hands can best be understood and why, and when, it exactly constitutes a problem. After analyzing climate change as an example, we propose to define the problem of many hands as the occurrence of a gap (...) in the distribution of responsibility that may be considered morally problematic. Whether a gap is morally problematic, we suggest, depends on the reasons why responsibility is distributed. This, in turn, depends, at least in part, on the sense of responsibility employed, a main distinction being that between backward-looking and forward-looking responsibility. (shrink)

Gricean intentionalists hold that what a speaker says and means by a linguistic utterance is determined by the speaker's communicative intention. On this view, one cannot really say anything without meaning it as well. Conventionalists argue, however, that malapropisms provide powerful counterexamples to this claim. I present two arguments against the conventionalist and sketch a new Gricean theory of speech errors, called the misarticulation theory. On this view, malapropisms are understood as a special case of mispronunciation. I argue that the (...) Gricean theory is supported by empirical work in phonetics and phonology and, also, that conventionalism inevitably fails to do this work justice. I conclude, from this, that the conventionalist fails to show that malapropisms constitute a counterexample to a Gricean theory. (shrink)

In recent years limitations in the biomedical conceptualisation of health and illness have been well documented and a variety of alternative explanations produced to replace or supplement it. One such is Fredrik Svenaeus’s philosophy of medical practice, which is a development of Hans-Georg Gadamer and Martin Heideggers’ phenomenological and hermeneutical writings. This paper explores two texts, a short story by H. G. Wells, The Country of the Blind, and a poem by William Carlos Williams, Danse Russe to add further insight (...) into the ideas proposed by Svenaeus. Both texts were written before either Gadamer or Heidegger published their work. Analysis of the texts reveal examples of Heidegger’s understanding of ‘da-sein’, human-being, as the fundamental of human existence—how we relate to our ‘life-world’—together with its conditions including the tools we use to engage with and the moods that interpret the world. Emerging from this core relationship of being are the phenomena of health and illness, which are conceptualised as home-like (Heimischkeit) and un-home-like (Unheimlichkeit) being-in-the-world. In the texts the sense of home-like (and un-home-like) being is an ontological ‘web of significance’, to use Heidegger’s phrase, that creates, rather than results from a person’s psychological state. One factor that is not fully explicated in the philosophical accounts is the role that behaviour (as the physical-relating of a person) plays as a pre-requisite for agency, the ability to act in taken-for-granted ways. A person’s sense of authenticity, the extent to which someone makes their own choices rather than being led by what ‘others’ say, is linked with their ability to physically engage with and relate to their ‘life-world’. Finally, similarities between the ontological wholeness of poetry—the meaning structure of poetry—and of Dasein are noted. (shrink)

What is the relationship between saying ‘I know that Q’ and guaranteeing that Q? John Austin, Roderick Chisholm and Wilfrid Sellars all agreed that there is some important connection, but disagreed over what exactly it was. In this paper I discuss each of their accounts and present a new one of my own. Drawing on speech-act theory and recent research on the epistemic norms of speech acts, I suggest that the relationship is this: by saying ‘I know that Q’, you (...) represent yourself as having the authority to guarantee that Q. (shrink)

Can judging that an agent blamelessly broke a rule lead us to claim, paradoxically, that no rule was broken at all? Surprisingly, it can. Across seven experiments, we document and explain the phenomenon of excuse validation. We found when an agent blamelessly breaks a rule, it significantly distorts people’s description of the agent’s conduct. Roughly half of people deny that a rule was broken. The results suggest that people engage in excuse validation in order to avoid indirectly blaming others for (...) blameless transgressions. Excuse validation has implications for recent debates in normative ethics, epistemology and the philosophy of language. These debates have featured thought experiments perfectly designed to trigger excuse validation, inhibiting progress in these areas. (shrink)

According to factive accounts of the norm of belief and decision-making, you should not believe or base decisions on a falsehood. Even when the evidence misleadingly suggests that a false proposition is true, you should not believe it or base decisions on it. Critics claim that factive accounts are counterintuitive and badly mischaracterize our ordinary practice of evaluating beliefs and decisions. This paper reports four experiments that rigorously test the critic’s accusations and the viability of factive accounts. The results undermine (...) the accusations and provide the best evidence yet of factive norms of belief and decision-making. The results also help discriminate between two leading candidates for a factive norm: truth and knowledge. Knowledge is the superior candidate. (shrink)

Nurses and other medical practitioners often experience moral distress: they feel an anguished sense of responsibility for what they take to be their own moral failures, even when those failures were unavoidable. However, in such cases other people do not tend to think it is right to hold them responsible. This is an interesting mismatch of reactions. It might seem that the mismatch should be remedied by assuring the practitioner that they are not responsible, but I argue that this denies (...) something important that the phenomenon of moral distress tells us. In fact, both the practitioners’ tendencies to hold themselves responsible and other people’s reluctance to hold the practitioners responsible get something right. The practitioners may be right that they are responsible in the sense of having failed to meet a binding moral requirement, even when the requirement was impossible to meet. This makes moral distress a fitting response because it correctly represents their own action as a wrongdoing. However, others may meanwhile be right that the practitioners are not responsible in the sense of being culpable and blameworthy. To blame others, or oneself, for certain failures, including those that are unavoidable, would be unfair. My claim depends on distinguishing between the fittingness and the fairness of holding someone (including oneself) responsible for moral failure. Having drawn the distinction, I suggest that moral distress should be addressed in a way that both recognizes it as a fitting response and avoids the unfairness of blame. (shrink)

It is undeniable that human agents sometimes act badly, and it seems that they sometimes pursue bad things simply because they are bad. This latter phenomenon has often been taken to provide counterexamples to views according to which we always act under the guise of the good. This paper identifies several distinct arguments in favour of the possibility that one can act under the guise of the bad. GG seems to face more serious difficulties when trying to answer three different, (...) but related, arguments for the possibility of acting under the guise of the bad. The main strategies available to answer these objections end up either undermining the motivation for GG or failing to do full justice to the nature of perverse motivation. However, these difficulties turn out to be generated by focusing on a particular version of GG, what I call the “content version”. But we have independent reasons to prefer a different version of GG; namely, the “attitude version”. The attitude version allows for a much richer understanding of the possibility of acting on what we conceive to be bad. Drawing on an analogy with theoretical akrasia and theoretical perversion, I try to show how the attitude version can provide a compelling account of perverse actions. (shrink)

When, in spite of our good intentions, we fail to meet our obligations to others, it is important that we have the correct theoretical description of what has happened so that mutual understanding and the right sort of social repair can occur. Consider an agent who promises to help pick a friend up from the airport. She takes the freeway, forgetting that it is under construction. After a long wait, the friend takes an expensive taxi ride home. Most theorists and (...) non-theorists react to such cases by either judging the agent's action as a violation of her obligation to help or as having satisfied the only obligation she really had, namely to try to help. However, as I show, there are serious difficulties that arise from categorizing this agent's action as satisfying or violating her obligation – difficulties that are avoided if we instead add “mere moral failures” to the basic categories for moral evaluation. An agent merely fails when she neither satisfies nor violates her obligation. She is responsible fo.. (shrink)

Organizational misconduct (white collar, corporate and occupational crime, unethical behavior, rule violations, etc.) is an increasingly important social concern. This paper proposes that a necessary step toward preventing and treating such misconduct is the understanding of the explanations, called accounts, given by the actor. We argue that the theorizing and findings in the literature on accounts can be organized into a 2×2 matrix framework. The first dimension centers on whether or not the actor admits that some net harm is done (...) by the act, and the second consists of whether or not the actor admits responsibility. When both are admitted (cell 1), the account is a concession, while denial of both constitutes a refusal (cell 4). Admitting responsibility but not harm equates to a justification (cell 2), and the opposite condition is an excuse (cell 3). Building on this matrix, we specify a typology of explanations within each cell which will highlight inter-cell differences. Finally, we explore the implications of this analysis for managers, regulators, and the public. (shrink)

We are surrounded by threats of environmental harm whose actual dangers to public health are scientifically unverified. It is widely presumed that under conditions of uncertainty, when it is not possible to foresee the outcomes of our actions, or to calculate the probability they will actually cause harm, we cannot be held culpable for the risks and harms our actions impose on others. It is commonly presumed, that is, that exposing others to what this paper terms ‘uncertain threats’ is permissible, (...) because conventional theories of moral responsibility understand uncertainty as implying that the effects of our actions are out of our control and, therefore, beyond our fault. In contrast, in rejecting arguments from moral luck, this paper denies that authors of uncertain threats of environmental harm are excusably ignorant, and denies that prevailing uncertainty diminishes their moral obligations or attenuates their culpability. For under conditions of uncertainty, culpability turns on the lack of due regard for others as moral equals – a consideration that neither luck nor ignorance excuses. To expose others to unconsented-to uncertain threats of harm without exercising due care to prevent possible injury is to wrongfully gamble with their welfare and their capacity for self-authorship. (shrink)

This article presents a novel challenge to epistemic internalism. The challenge rests on a set of cases which feature subjects forming beliefs under conditions of “bad ideology”—that is, conditions in which pervasively false beliefs have the function of sustaining, and are sustained by, systems of social oppression. In such cases, the article suggests, the externalistic view that justification is in part a matter of worldly relations, rather than the internalistic view that justification is solely a matter of how things stand (...) from the agent’s individual perspective, becomes the more intuitively attractive theory. But these “bad ideology” cases do not merely yield intuitive verdicts that favor externalism over internalism. These cases are, moreover, analogous to precisely those canonical cases widely taken to be counterexamples to externalism: cases featuring brains-in-vats, clairvoyants, and dogmatists. That is, such “bad ideology” cases are, in all relevant respects, just like cases that are thought to count against externalism—except that they intuitively favor externalism. This, the author argues, is a serious worry for internalism. What is more, it bears on the debate over whether externalism is a genuinely “normative” epistemology. (shrink)

Philosophical debates about the metaphysics of time typically revolve around two contrasting views of time. On the A-theory, time is something that itself undergoes change, as captured by the idea of the passage of time; on the B-theory, all there is to time is events standing in before/after or simultaneity relations to each other, and these temporal relations are unchanging. Philosophers typically regard the A-theory as being supported by our experience of time, and they take it that the B-theory clashes (...) with how we experience time and therefore faces the burden of having to explain away that clash. In this paper, we investigate empirically whether these intuitions about the experience of time are shared by the general public. We asked directly for people’s subjective reports of their experience of time—in particular, whether they believe themselves to have a phenomenology as of time’s passing—and we probed their understanding of what time’s passage in fact is. We find that a majority of participants do share the aforementioned intuitions, but interestingly a minority do not. (shrink)

Justificatory defenses apply to actions that are generally wrong and illegal—mainly since they harm people—when they are justified—usually since they prevent harm to others. A strict conception of justification limits justificatory defenses to actions that reflect all pertinent principles in the optimal manner. A more relaxed conception of justification applies to actions that do not reflect all pertinent principles optimally due to mistake but are not too far from this optimum. In the paper, I consider whether justificatory defenses should reflect (...) the strict conception of justification or a more relaxed conception of justification. This question is important since often the relevant actions are not strictly justified, while the alternative of an excuse is frequently irrelevant or does not provide an appropriate solution. Reflection on this question raises the following dilemma: On the one hand, the strict interpretation seems too harsh, especially with regard to legal liability. On the other hand, it is difficult to explain the basis for a more relaxed conception of justification. I conclude, first, that justification—and accordingly wrongfulness—is a matter of degree and that the strictly justified action is merely the peak of a continuum, and, second, that a practical reaction is in place only with regard to actions whose wrongness is above a minimal threshold. (shrink)

Deontologists often assume that ethical constraints hold ‘come what may’ but that violations of the constraints can be excused or pardoned. Vinit Haksar has argued for pardon as deontologically appropriate mitigation for the violation of deontological constraints. However, the reasons he adduces against excuse are inconclusive. In this paper, I show how complex the question of excuse versus pardon for deontological transgressions is. Liability for the development of character traits and the assumption of agent-centered responsibility have to be taken into (...) account before the possibility of pardon can be identified as appropriate deontological softener for strict constraints. (shrink)

This paper is an essay in what Austin (_Proc Aristotel Soc_ 57: 1–30, 1956–1957) called "linguistic phenomenology". Its focus is on showing how the grammatical features of ordinary causal verbs, as revealed in the kinds of linguistic constructions they can figure in, can shed light on the nature of the processes that these verbs are used to describe. Specifically, drawing on the comprehensive classification of English verbs founds in Levin (_English verb classes and alternations: a preliminary investigation_, University of Chicago (...) Press, Chicago, 1993), I divide the forms of productive causal processes into five classes, corresponding to Aristotle's ontological categories: there are processes that cause change in location, in state, and in quantity; and that lead to the creation and destruction of substances. These broader categories are then subdivided into other ones, corresponding to different Levin classes, according to further differences in the causal processes they involve. I conclude by discussing the relevance of this argument to research in metaphysics and experimental philosophy. (shrink)

In this paper, I give a Kantian answer to the question whether and why it would be inappropriate to blame people suffering from mental disorders that fall within the schizophrenia spectrum. I answer this question by reconstructing Kant’s account of mental disorder, in particular his explanation of psychotic symptoms. Kant explains these symptoms in terms of various types of cognitive impairment. I show that this explanation is plausible and discuss Kant’s claim that the unifying feature of the symptoms is the (...) patient’s inability to enter into an exchange of reasons with others. After developing a Kantian Quality of Will Thesis, I analyze some real life cases. Firstly, I argue that delusional patients who are unable to enter into an exchange of epistemic reasons are exempted from doxastic rather than moral responsibility. They are part of the moral community and exonerated from moral blame only if their actions do not express a lack of good will. Secondly, I argue that disorganized patients who are unable to form intentions and to make plans are exempted from moral responsibility because they do not satisfy the conditions for agency. (shrink)

Performance appraisal interviews are carried out on the basis of known-in-advance written materials such as preparation forms and interview guides. This article demonstrates how participants manage interviews by following a question–answer–response format fit to address interview guide entries one at a time. Two recurring supervisor responses to employees’ talk about problems in work are investigated: positive prediction and advice. It is suggested that these responses serve to establish supervisor authority and deter participants from discussing issues raised in employee answers and (...) thus go against norms emanating from literature on management communication. Results obtained in interviews are put down in writing along the way and subsequently summarized in documents to be signed by both participants, that is, employee and supervisor. The article demonstrates how participants use positive prediction and advice to coordinate talk-in-interaction with handling written materials and note taking, as well as formulating conclusions suitable for writing. The analyses shed light on how talk in an institutional context becomes a middle-medium, that is, a bridge between writings, and how this process is accomplished in turn-taking procedures. (shrink)

Hart identified a utilitarian tradition in jurisprudence, which he associated with Jeremy Bentham and John Austin. This tradition consisted in three doctrines: the separation of law and morals; the analysis of legal concepts; and the imperative theory of law. I argue, contrary to Hart, that Bentham did not adopt a 'positivist' conception of law whether understood in terms of the separation of legal theory and morality or in terms of the separation of law and morals. Misinterpreting Bentham's approach to the (...) analysis of language, Hart was wrong to assume that Bentham's jurisprudential project was a precursor to his own attempt to provide a morally neutral description of a legal system. It was this assumption that led to mistakes in Hart's editing of Of Laws in General. Bentham's utilitarian theory of law should be recognised as a distinct alternative to Common Law and Natural Law theories. (shrink)