Arguing that our attachment to Aristotelian modes of discourse makes a revision of their conceptual foundations long overdue, the author proposes the consideration of unacknowledged factors that play a central role in argument itself. These are in particular the subjective imprint and the dynamics of argumentation. Their inclusion in a four-dimensional framework and the focus on thesis validity allow for a more realistic view of our discourse practice. Exhaustive analyses of fascinating historical and contemporary arguments are provided. These range from (...) Columbus’s advocacy of the Western Passage to India, over the trial of King Louis XVI during the French Revolution, to today’s highly charged controversies surrounding euthanasia and embryo research. Excavating foundational issues such as the purpose of argument itself and the contested role of argument as a generator of knowledge, the book culminates in a discussion of the relationship between rationality and reasonableness and criticizes the restrictions of ‘rational’ argument relying on fixed logical, economic or cultural criteria that in reality are mutable. Here, a true, open argument requires the infusion of Paul Lorenzen’s principle of ‘transsubjectivity’, which recognizes but transcends the partiality of the individual and which can be seen in the pragmatic and expanding consensus that humanity can control itself to safeguard the future of a fragile, damaged world. (shrink)

When philosophers consider factors compromising autonomy in consent, they often focus solely on the consent-giver’s agential capacities, overlooking the impact of the consent-receiver’s conduct on the consensual character of the activity. In this paper, I argue that valid consent requires justified trust in the consent-receiver to act only within the scope of consent. I call this the Trust Condition (TC), drawing on Katherine Hawley’s commitment account of trust. TC constitutes a belief that the consent-receiver is capable and willing to act (...) as we expect from them. If such trust is not warranted, I argue, consent lacks the appropriate normative grounds. After establishing TC, I explore its application in the sexual arena, asserting that due to the non-contractual dimensions of sexual activity — such as the dynamic nature of sexual desires and the absence of external factors effectively binding sexual partners to the terms of consent—trust is warranted in sexual consent by means of care. I define care as a special sensitivity and attention toward the partner’s will and discuss how this approach leads to safer intimate relationships in practice. (shrink)

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of practical reason, he (...) attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

This paper offers a non-reductivist account of the requirement of legitimate authority in warfare. I first advance a distinction between private and public wars. A war is private where individuals defend their private rights with their private means. A war is public where it either aims to defend public rights or relies on public means. I argue that RLA applies to public war but not private war. A public war waged by a belligerent without legitimate authority involves a form of (...) illegitimate domination of the people. Contra the conventional wisdom that RLA is only an ad bellum principle, I show that RLA is also a vital in bello principle. Relying on the Kantian non-voluntarist account of political authority, I argue that only legitimate states have the right to wage public wars. However, I also contend that RLA is not an absolute requirement, even regarding the justice of public war. Under extremely unfavorable conditions, this requirement may be overridden by weighty considerations in favor of resorting to public war without legitimate authority. In sum, my account of RLA protects ordinary people from illegitimate coercion involved in guerrilla warfare in general yet generates proper permission for responsible, aspiring state founders to secure social justice by coercive means under extraordinary situations. (shrink)

Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as why we punish recidivists (...) more than first time offenders or why “hate crimes” are of special concern. A republican view of criminal law brings our most natural intuitions back into focus by insisting that the core of criminal responsibility lies in the offender’s attack on the civic bonds that make living in a society as equals possible. By grounding our punishment practices in an Aristotelian republicanism that for so long was the unquestioned basis of mutual responsibility, we understand that hostility, as expressed in the offender’s “civic character,” matters to us all while still seeing our obligations to reintegrate both victim and offender into our shared civic project. (shrink)

Kant held that the moral vocation of the human species was to strive toward moral perfection. But in Religion within the Boundaries of Mere Reason, he at least entertained as part of the human condition a rationalist version of the Christian doctrine of original sin: that human beings have a universal, innate and inextirpable propensity to evil. Are these two Kantian doctrines inconsistent, or at least in tension with each other? If they are, the tension is a creative one. This (...) chapter will explain the Kantian doctrine of the radical human propensity to evil and relate it to Kant's theory of the acquisition of virtue and the struggle toward moral perfection. We will see that this struggle for Kant must be social, not merely individual, and that it involves both the development of moral character and the cultivation of empirical inclinations that harmonize with morality. (shrink)

The aim of this article is to identify the main challenges for global ethics as an academic discipline. This article assesses the moral and practical justifications for common global principles. Individual and institutional responsibility on the supranational level is connected with the standard of human rights and the relational aspects of the globalised world. It also points out two separate problems which global ethics should aim to solve. The first is metatheoretical and methodological and concerns the discipline's lack of self-reflexiveness. (...) The second is essential and concerns the clash of values . Regarding the second problem, the main future challenge of global ethics is to construct a measurement to bring political decisions closer to morality and more strongly connect rights with responsibilities. (shrink)

The provision of a marriage right is a distinctive aspect of Kant ’s political philosophy and seems, initially, difficult to reconcile with the general concern with ensuring external freedom of action apparent in the universal principle of Right and the sole innate right said to follow from this principle. I claim that this provision can be regarded as consistent with this general focus and that Kant ’s treatment of issue suggests an interesting secular argument for the institution of marriage.

In this paper I examine Rousseau's strategy for teaching compassion in Book Four of Emile. In particular, I look at the three maxims on compassion that help to organise Rousseau's discussion, and the precise strategy that Emile's tutor uses to instil compassion while avoiding other passions, such as anger, fear and pride. The very idea of an education in compassion is an important one: Rousseau's discussion remains relevant, and he has correctly understood the significance of compassion for modern life. But (...) in linking compassion to self-interest, he creates a tension between Emile's natural sentiments, including compassion, as a way of bringing him into the social order. The Buddhist and Christian views of compassion help to clarify some of the difficulties with Rousseau's account. (shrink)

This article retrieves Kant's imitatio Christi as a viable alternative to the recent construal of mimesis as a universal human desire, in particular to Ward's reformulation of the imitatio Christi in such terms (in which the human condition is defined by an intrinsic desire for God as other). Kant's writings participate in a very different debate on imitation (one sceptical of its ethical value), and this plays out as a continual ambivalence towards the concept in his work. Kant's imitatio Christi, (...) however, does, I contend, make possible a moral form of imitation by characterising it as a rational and intersubjective debate upon the good. Imitating Christ becomes part of human ethical living in the world. (shrink)

Tonkens has issued a seemingly impossible challenge, to articulate a comprehensive ethical framework within which artificial moral agents satisfy a Kantian inspired recipe—"rational" and "free"—while also satisfying perceived prerogatives of machine ethicists to facilitate the creation of AMAs that are perfectly and not merely reliably ethical. Challenges for machine ethicists have also been presented by Anthony Beavers and Wendell Wallach. Beavers pushes for the reinvention of traditional ethics to avoid "ethical nihilism" due to the reduction of morality to mechanical causation. (...) Wallach pushes for redoubled efforts toward a comprehensive account of ethics to guide machine ethicists on the issue of artificial moral agency. Options, thus, present themselves: reinterpret traditional ethics in a way that affords a comprehensive account of moral agency inclusive of both artificial and natural agents, or give up on the possibility and “muddle through” regardless. This series of papers pursues the first option, meets Tonkens' "challenge" and pursues Wallach's ends through Beavers’ proposed means, by "landscaping" traditional moral theory in resolution of a comprehensive account of moral agency. This first paper sets out the challenge and establishes the tradition that Kant had inherited from Aristotle, briefly entertains an Aristotelian AMA, fields objections, and ends with unanswered questions. The next paper in this series responds to the challenge in Kantian terms, and argues that a Kantian AMA is not only a possibility for Machine ethics research, but a necessary one. (shrink)

This paper argues that Adorno's metaphysics can be rescued from the constellation of his messianic materialism. The recovery of metaphysics in this context also means that it is rescued as the basis of possible critique. Rescue here entails that the ideas of truth, freedom, justice and democracy should be seen as transcending whatever is empirically given, while remaining immanently operative within society. These ideas can still be drawn on for a critique of the present, thus renewing the original project of (...) critical theory. (shrink)

Governments are subject to the requirements of justice, yet often seem to go above and beyond what justice requires in order to act in ways many people think are good. These kinds of acts – examples of which include putting on celebrations, providing grants to poets, and preserving historic architecture – appear to be acts of government supererogation. In this paper, I argue that a common view about the relationship between government, coercion, and justice implies that most such acts are (...) not supererogatory, but wrong. Many will find that conclusion unattractive, but rejecting the common view that implies it raises problems, too. (shrink)

In thinking about global poverty, the question of moral motivation is of central importance: Why should the average person in the West feel morally compelled to do anything to help the poor? Various answers to this question have been constructed—and yet poverty persists. In this paper I will argue that, among other difficulties, the current approaches to the problem of poverty overlook a critical element: that poverty not only harms the poor, it harms every human being. Its existence forces us (...) to live in a world where we are compelled by a pervasive ideology to eviscerate our own humanity and neglect our human impulses. Drawing on Karl Marx’s Aristotelian-influenced notion of our human essence as “species-being,” I will construct an account of moral motivation in the face of poverty that stems from a selfish desire to avoid these harms. Thus our moral impetus for acting to help the poor comes not from feelings of guilt about how poverty harms them, but rather from recognizing that poverty is harming all of us. By fighting against global poverty, we seek to make the world a better place for ourselves and the poor alike. (shrink)

Ought you to cultivate your own virtue? Various philosophers have argued that there is something suspect about directing one’s ethical attention towards oneself in this way. These arguments can be divided between those that deem aiming at virtue for its own sake to be narcissistic and those that consider aiming at virtue for the sake of good behaviour to involve a kind of doublethink. Underlying them all is the assumption that epistemic access to one’s own character requires an external point (...) of view that is, in principle, available to anyone. If cultivating virtue is concerned with forming one’s dispositions, as these appear to the external point of view, then these charges of narcissism and doublethink can be brought. However, there is another kind of access to one’s own character. Since character is manifest in the practical structure of experience, reflection on that practical structure itself is reflection on one’s character. Neither the charge of narcissism nor the charge of doublethink can be brought against this phenomenological cultivation of the practical structure of experience. Although not sufficient alone to provide all the information required for the task, phenomenological reflection is essential to the ethical cultivation of virtue. (shrink)

This article proposes 3 principles and 3 imperatives as the philosophical foundations of a global journalism ethics. The central claim is that the globalization of news media requires a radical rethinking of the principles and standards of journalism ethics, through the adoption of a cosmopolitan attitude. The article explains how and why ethicists should construct a global journalism ethics, using a contractualist approach. It then formulates 3 "claims" or principles: the claims of credibility, justifiable consequence, and humanity. The claim of (...) humanity is developed further by the formulation of 3 imperatives: to act as a global agent, to serve world citizens, and to enhance nonparochial understandings. The article concludes by considering some implications of a cosmopolitan attitude for the practice of journalism. (shrink)

Abstract.This paper seeks to suggest a jurisprudential grounding for the European Community, and seeks to do so by using a specifically Kantian philosophy of law. Kant's observations on the nature of transnational orders, like so much of his political theory, have tended to be overlooked. To do so is to overlook one of the great political and jurisprudential treasures in modern western thought. It will be suggested that a proper understanding of a Kantian normative order, and the application of such (...) a model to the European Community will serve to dispel much of the confusion and sometimes near histrionic commentaries which have characterised recent attempts to understand the jurisprudence of the Community. (shrink)

ABSTRACT In order to construct a satisfactory theory of cheng-yi 誠意, Zhu Xi 朱熹 develops an account of how self-deception is possible—a profound problem that has puzzled many philosophers. In Zhu’s opinion, zhi 知 can be divided into two categories: a priori knowing and empirical knowing. The further division of empirical knowing defines three sorts of self-deception: the self-deception caused by one’s ignorance, the self-deception caused by one’s superficial knowing, and the self-deception that may occur when one acquires genuine knowledge. (...) In this paper, I will construct a theoretical model of self-deception that follows Zhu’s criterial definition of self-deception in Daxue Zhangju 大學章句, thereby accounting for the possibility of these three sorts of self-deception. Better understanding of Zhu’s conception of self-deception could, moreover, open fruitful avenues for further work on his metaphysics and moral psychology. (shrink)

In this essay, I argue that the Commodification Objection, locates a phenomenon of real moral significance. In defending the Commodification Objection, I review three common criticisms of it, which claim firstly, that commodification doesn’t always lead to instrumentalization; secondly, that commodification isn’t the only route to such an outcome; and finally, that the Commodification Objection applies only to persons, and human organs are not persons. In response, I conclude that moral significance does not require that an undesirable outcome be a (...) necessary consequence of the phenomenon under examination; the relative likelihood of an undesirable mode of regard arising provides a morally-relevant distinguishing marker for assessing the comparative moral status of social institutions and arrangements; and sales in blood products are sufficiently distinct from sales of everyday artefacts and sufficiently close to personhood to provide genuine grounds for concern. Accordingly, criticisms of the Commodification Objection do not provide grounds for rejecting the claim that human organ sales in general and compensation for blood plasma donation in particular can have morally pernicious ‘commodificatory effects’ upon our attitudes, for what human organ sales provide is a distinctive ethical hazard. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the (...) size of the deterrent effect necessary in order to thus justify punishment. I argue that we should in general expect reasonably humane punitive institutions to lead to better consequences than if we abolish punishment entirely, and I show that, contrary to widespread assumption among critics of the ICC, we should not expect the conditions characteristically surrounding mass atrocity to undermine this presumption. Properly understood, the ICC equals adding another “slice of cheese” to our comprehensive crime preventive system modelled along the lines of James Reason’s Swiss cheese model of accident causation and risk management. Undoubtedly, some future perpetrators will elope through the holes in this layer too, but others will be deterred. (shrink)

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this (...) challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

In the 1960s Lewis White Beck criticized Kant’s highest good as a moral concept. In 1963 John Silber responded. Thus, the “Beck-Silber controversy.” This paper explores such controversy in the Spanish literature. It begins identifying four criticisms: the problems of heteronomy, derivation, impossibility, and irrelevance. It then identifies a new problem rescued from the Spanish literature: dualism. After categorizing, following Matthew Caswell, the Spanish defenses into revisionists, secularizers, and maximalists, this paper assesses these defenses. The paper also translates sections of (...) such literature into English and leaves us closer to a complete defense of the highest good by salvaging what it can of the Spanish literature’s unique points. (shrink)

Why should members of societies engaging in humanitarian intervention support the costs of that project? It is sometimes argued that only a theory of natural duty can require their support and that contractualist theories fail because they are exclusionary. This article argues that, on the contrary, natural duty is inadequate as a basis and that contractualism provides a basis for placing support for (justified) interventions among the duties of citizenship. The duty to support intervention is not, therefore, a competitor (of (...) indeterminate weight) to our duties to compatriots, since it rests on the same basis. That is because exclusive citizenship can be justified only if social contracts can be iterated elsewhere and successful societies therefore owe assistance to societies that are immobilized by state abuse or state failure. (shrink)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private individuals. (...) Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (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 takes up the question of the role of philosophical moral theory in our attempts to resolve the ethical problems that arise in health care, with particular reference to the contention that we need theory to be determinative of our choice of actions. Moral theorizing is distinguished from moral theories and the prospects for determinacy from the latter are examined through a consideration of the most promising candidates: utilitarianism, deontology and the procedures involved in reflective equilibrium. It is argued (...) that the current lack of any generally accepted method of solving moral problems, together with the extreme improbability of philosophy achieving a plausibly determinate theory, should encourage us to approach the problems in a spirit of agnosticism regarding the way in which theoretical material might be of relevance. The practical test for both moral theorizing and moral theories is thus not determinacy but the degree to which they increase our understanding of moral problems by serving, as they do in philosophy, as a means of inquiry into their nature. (shrink)

The Gamer’s Dilemma consists of three intuitively plausible but conflicting assertions: (i) Virtual murder is morally permissible. (ii) Virtual child molestation is morally forbidden. (iii) There is no relevant moral difference between virtual murder and virtual child molestation in computer games. Numerous attempts to resolve (or dissolve) the Gamer’s Dilemma line the field of computer game ethics. Mostly, the phenomenon is approached using expressivist argumentation: Reprehensible virtual actions express something immoral in their performance but are not immoral by themselves. Consequentialists, (...) on the other hand, claim that the immorality of virtual actions arises from their harmful consequences. I argue that both approaches have serious difficulties meeting the moral challenge posed by the Gamer’s Dilemma. They tend to confuse the morality of in-game actions either with the morality of their real-world counterparts or with the morality of games as objects. Following this critical analysis, I will develop a Kantian argument and defend it against two objections. So far, deontological responses to the Gamer’s Dilemma have been sought in vain. Yet, with Kant, its moral challenge can be met by looking at the gamer’s reasons. From this perspective, the Gamer’s Dilemma is based on a false assumption: the moral status of gaming acts does not derive from a normative equation with their real-world counterparts but only from their justifications. (shrink)

Both Kant and Levinas state that traditional ontology is a type of philosophy that illegitimately forces the structure of human reason onto other beings, thus making the subject the center and origin of all meaning. Kant’s critique of the ontology of his scholastic predecessors is well known. For Levinas, however, it does not suffice. He rejects what we could call an ‘existential ontology’: a self-centered way of living as a whole, of which all philosophical ontology is but a branch. Alternatively, (...) he presents an ethical way of living centered on ‘the Other’. Kant also, however, eventually turns to ethics to uncover a more fundamental domain of meaning. Hence, both thinkers ultimately agree about the primacy of ethics over theory. Despite this concurrence, Levinas nevertheless criticizes all aspects of Kant’s turn towards ethics: his reason for making this turn, the kind of critique that he applies to this domain, and the outcome thereof. These three points reflect Levinas’ more general critique t.. (shrink)

In this article I argue that Jacques Derrida is correct in holding that the law is always an authorized force but that he is mistaken in suggesting that its ultimate font or origin (what he calls the ‘mystical foundation of authority’) is an originary or ‘foundationalional’ act of violence. I suggest that Derrida and, more recently, Jens Bartelson fall prey to a curious, one-sided narrow view of ‘foundationalism’ and contrast their overly ‘architecturalized’ image of the ‘foundation’ of authority with the (...) foundationalism of Thomas Hobbes which is, I shall argue, architectural only as and when appropriate. I also suggest that Hobbes helps us to see that the state, strictly speaking, does not ‘have’ or ‘exercise’ authority but that it is, rather, the font or source of the authority wielded by its (empirical) government. Key Words: Jens Bartelson • Jacques Derrida • Thomas Hobbes • justice • Immanuel Kant • law • Michel de Montaigne • Blaise Pascal • violence. (shrink)

That the successful development of fully autonomous artificial moral agents (AMAs) is imminent is becoming the received view within artificial intelligence research and robotics. The discipline of Machines Ethics, whose mandate is to create such ethical robots, is consequently gaining momentum. Although it is often asked whether a given moral framework can be implemented into machines, it is never asked whether it should be. This paper articulates a pressing challenge for Machine Ethics: To identify an ethical framework that is both (...) implementable into machines and whose tenets permit the creation of such AMAs in the first place. Without consistency between ethics and engineering, the resulting AMAs would not be genuine ethical robots, and hence the discipline of Machine Ethics would be a failure in this regard. Here this challenge is articulated through a critical analysis of the development of Kantian AMAs, as one of the leading contenders for being the ethic that can be implemented into machines. In the end, however, the development of Kantian artificial moral machines is found to be anti-Kantian. The upshot of all this is that machine ethicists need to look elsewhere for an ethic to implement into their machines. (shrink)

In Stephen Angle’s Sagehood, he contends that Neo-Confucian philosophers reject ways of moral thinking that draw hard and fast lines between self-directed or prudential concerns (about what is good for me) and other-directed or moral concerns (about what is right, just, virtuous, etc.), and suggests that they are right to do so. In this paper, I spell out Angle’s arguments and interpretation in greater detail and then consider whether they are faithful to one of the chief figures in Neo-Confucian thought. (...) I begin by identifying some of the better-known ways in which moral philosophers give special treatment to prudential considerations, and say which of these Angle’s reading of the Neo-Confucians appears to rule out. After laying this groundwork, I proceed to test Angle’s interpretation against the moral thought of history’s most influential Neo-Confucian philosopher, Zhu Xi 朱熹 (1130-1200), arguing that even on Angle’s own reading, there are certain respects in which Zhu preserves the distinction, although by Angle’s lights these ways are perhaps less pernicious than their contemporary equivalents. I also look closely at how Angle uses the psychological structure of humane love (ren 仁) to undermine the prudence-versus-morality distinction. Here I suggest that the better way to phrase his point is to say that prudence drops out or becomes an ethically incoherent concept, which is something quite different from rejecting or collapsing the distinction between prudence and morality. (shrink)

Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...) aim is to press the argument from a different direction by asking just how Kantian the constructivist needs to be in order to support a regress on conditions argument. Specifically, I maintain that the argument succeeds only given a full-fledged Kantian moral psychology, including a presupposition of transcendental freedom. If correct, this could have implications regarding the compatibility of Kantian ethics and philosophic naturalism. (shrink)

This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...) account, however, it considers whether the proportionality condition is necessary to a theory of morally justified surveillance. The article concludes that we need and should apply only a necessity condition, but notes that proportionality considerations may retain some use in in practice, as a form of coarse‐grained filter applied before assessing necessity when deliberating the permissibility of potential forms of surveillance. (shrink)

While the debate about whether Kant's idealism requires a ‘Two Worlds’ or ‘Two Aspect’ interpretation has reached a seeming impasse, I argue that the account of intelligible possession found in the ‘Doctrine of Right’ provides novel and compelling evidence in favour of an epistemic ‘Two Aspect’ reading of Kant's position.

In this article I reevaluate Immanuel Kant's moral philosophy from a post–Darwinian perspective. Taking an evolutionary approach to human reasoning and incorporating some recent work on the science of the emotions, I argue that the Kantian bifurcation of reason and emotion, which underlies his moral philosophy, is no longer tenable. Kant's practical defense of his ethics as being the only option that can save morality from the dangers posed by naturalism is also considered and rejected. Instead, I argue that an (...) evolutionary view of reason and emotion can provide an adequate ground for morality and explore the possibility and advantages of such an ethics. (shrink)

Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...) building upon an account of the modern state as a moral agent proper, capable of both culpable moral and legal wrongdoing. I then consider objections to the intelligibility and legitimacy of subjecting states to domestic criminal processes, which primarily find their source in the assumption that such subjection would necessarily involve the state prosecuting, judging, and punishing itself. I argue that whether this (questionable) assumption is sound or not, it does not create the kinds of unsolvable quandaries its exponents think it does. I then move on to reject the distinct, yet related, objection that, at least in aspiring liberal jurisdictions, treating the state as a criminal objectionably involves extending to it various substantive and procedural guarantees that, given its nature and raison d’être, it should not have. Finally, I discuss three central objections to punishing the state. First, that organizations like states do not have the phenomenal consciousness required to suffer punishment. Second, that the constant possibility of dispersion of state punishment amongst individual members stands in the way of its justification. Lastly, that whatever justification there may be for making things harder for the state in response to its culpable wrongdoing, such treatment need not be understood as punishment. While partially conceding the strength of these objections, I strive to loosen their grip in ways that show that justified punishment of the state, meaningfully understood as such, remains a distinct possibility. I conclude by contrasting supposed alternatives to the criminalization of states, and by contending that my analysis leaves us with enough to keep the possibility of state criminalization on the table as a justifiable response to state wrongdoing. (shrink)

This essay analyzes the theoretical foundations of collective interest in the sufferings of strangers. Concern with the suffering of others, accompanied by the urge to help, is compassion. This study develops the social and historical conditions under which public compassion emerges. Two broad interpretations of these developments are suggested. The democratization perspective suggests that with the lessening of profoundly categorical and corporate social distinctions, compassion becomes more extensive. A second perspective is linked to the emergence of market society. By defining (...) a universal field of others with whom contracts and exchanges can be made, market perspectives extend the sphere of moral concern as well: however unintentionally. Public compassion is part of the language of modernity. This gives compassion the possibility to be also part of a newly emerging ‘Second Modernity’. (shrink)

Conscience is an idea that has significant currency in liberal democratic societies. Yet contemporary moral philosophical scholarship on conscience is surprisingly sparse. This paper seeks to offer a rigorous philosophical account of the role of conscience in moral life with a view to informing debates about the ethics of conscientious objection in medicine. I argue that conscience is concerned with a commitment to moral integrity and that restrictions on freedom of conscience prevent agents from living a moral life. In section (...) one I argue that conscience is a principle of moral awareness in rational agents, and that it yields an awareness of the personal nature of moral obligation. Conscience also monitors the coherence between an agent’s identity-conferring beliefs and intentions and their practical actions. In section two I consider how human beings are harmed when they are forced to violate their conscience. Restrictions on the exercise of conscience prevent people from living in accord with their own considered understanding of the requirements of morality and undermine one’s capacity for moral agency. This article concludes with a consideration of how a robust theory of conscience can inform our understanding of conscientious objection in medicine. I argue that it is in the interest of individual practitioners and the medical profession generally to foster moral agency among doctors. This provides a prima facie justification for permitting at least some kinds of conscientious objection. (shrink)

Despite the recent backlash against epistemic consequentialism, an explicit systematic alternative has yet to emerge. This paper articulates and defends a novel alternative, Epistemic Kantianism, which rests on a requirement of respect for the truth. §1 tackles some preliminaries concerning the proper formulation of the epistemic consequentialism / non-consequentialism divide, explains where Epistemic Kantianism falls in the dialectical landscape, and shows how it can capture what seems attractive about epistemic consequentialism while yielding predictions that are harder for the latter to (...) secure in a principled way. §2 presents Epistemic Kantianism. §3 argues that it is uniquely poised to satisfy the desiderata set out in §1 on an ideal theory of epistemic justification. §4 gives three further arguments, suggesting that it (i) best explains the objective normative significance of the subject's perspective in epistemology, (ii) follows from the kind of axiology needed to solve the swamping problem together with modest assumptions about the relation between the evaluative and the deontic, and (iii) illuminates certain asymmetries in epistemic value and obligation. §5 takes stock and reassesses the score in the debate. (shrink)

A Kantian approach can establish that non-human natural entities are morally considerable and that humans have duties to them. This is surprising, because most environmental ethicists have either rejected or overlooked Kant when it comes to this issue. Inspired by an argument of Christine Korsgaard, I claim that both humans and non-humans have a natural good, which is whatever allows an entity to function well according to the kind of entity it is. I argue that humans are required to confer (...) normative value on the natural good of all entities that have a natural good. This is so because, as a matter of fact, humans confer normative value on their own natural good simply because it is a natural good, which commits humans to the position that any natural good deserves to have normative value conferred on it. Since non-human natural entities have a natural good, their natural good deserves to have normative value conferred on it as well, and this is sufficient to make non-human natural entities morally considerable such that humans have duties to them. (shrink)

The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...) will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value. (shrink)

To aid neuroscientists in determining the ethical limits of their work and its applications, neuroethical problems need to be identified, catalogued, and analyzed from the standpoint of an ethical framework. Many hospitals have already established either autonomy or welfare-centered theories as their adopted ethical framework. Unfortunately, the choice of an ethical framework resists resolution: each of these two moral theories claims priority at the exclusion of the other, but for patients with neurological pathologies, concerns about the patient’s welfare are treated (...) as meaningless without consideration of the patient’s expressed wishes, and vice versa. Ethicists have long fought over whether suffering or autonomy should be our primary concern, but in neuroethics a resolution of this question is essential to determine the treatment of patients in medical and legal limbo. I propose a solution to this problem in the form of ethical dualism. This is a conservative measure in that it retains both sides of the debate: both happiness and autonomy have intrinsic value. However, this move is often met with resistance because of its more complex nature—it is more difficult to make a decision when there are two parallel sets of values that must be considered than when there is just one such set. The monist theories, though, do not provide enough explanatory power: namely, I will present two recently publicized cases where it is clear that neither ethical value on its own (neither welfare nor autonomy) can fully account for how a vegetative patient should be treated. From the neuroethical cases of Terri Schiavo and Lauren Richardson, I will argue that a dualist framework is superior to its monist predecessors, and I will describe the main features of such an account. (shrink)

The aim of this paper is to demonstrate that there are significant ethical problems with nonmedical sex selection, and that prohibitive legislation is justified. The central argument put forward is that nonmedical sex selection is a sexist practice which promotes socially restrictive conceptions of sex, gender and family. Several steps are taken to justify this position: background information on technology and legislation is provided, the neoliberal position that is supportive of nonmedical sex selection is described, and preliminary reasons for rejecting (...) this approach are given. A detailed description of how a harm/benefit based analysis contributes to the argument against nonmedical sex selection, and how it successfully counters most criticism, is provided. The paper concludes by suggesting that virtue ethics further strengthens the moral argument against nonmedical sex selection. (shrink)

Conscience rests within the heart of equity, yet it is a manifestly nebulous and contradictory concept. In particular, equity has never been clear about exactly whose conscience we are concerned with: the Chancellor or judge, or the court, or the defendant? Furthermore, in some lights conscience appears to compel obedience to the authority of law, whilst in others it gives expression to ethical drives that escape the formal strictures of legal rules. Contextualised within the broader history of ideas of Western (...) modernity, this article sets out to understand the rhetorical significance of conscience in equity, making the argument that its disparate and contradictory modes of expression do not undermine its significance, and instead are essential to its construction of juridical obligations. By invoking conscience as a contradictory expression of both vertical state authority and personal ethical autonomy, equity asserts not only a unique normative structure, but also a distinct mode of power. (shrink)