RESUMO O objetivo do presente trabalho é propor, mediante o papel que a relação entre método e objetivos desempenha em "A theory of justice", uma possível leitura da abordagem contratualista sui generis adotada por Rawls em sua obra-prima. De modo particular, aproveitaremos, como ponto de partida, duas críticas que Onora O'Neill apresenta em uma de suas últimas intervenções sobre o pensamento de Rawls. Tentaremos mostrar, então, como tais críticas padecem de certa inconsistência, na medida em que for enfatizada a complementaridade (...) entre alguns aspectos metodológicos e os objetivos gerais assumidos em "A theory of justice", sobretudo, no que diz respeito à caracterização da posição original como situação ideal de deliberação entre agentes racionais que se reconhecem como livres e iguais em sua pluralidade. Nesse sentido, concentrar-nos-emos na interpretação do nexo entre o véu de ignorância e o equilíbrio reflexivo como momento constitutivo de um processo de reflexão prática em que interagem, sem contradição, racionalidade lógicoformal e razoabilidade das restrições. Daí, indicaremos, em linhas gerais e de maneira absolutamente provisória, em que termos nos parece possível compatibilizar construtivismo e contratualismo em "A theory of justice". ABSTRACT The aim of this paper is to propose, through the role that the relationship between method and objectives plays in "A theory of justice", a possible reading of the contractarian sui generis approach adopted by Rawls in his masterpiece. In particular, we will take advantage, as a starting point, of two critical objections that Onora O'Neill presents in one of her latest interventions on Rawls' thought. Then, we will try to show how such critical objections are somewhat insubstantial, to the extent that the complementarity between some methodological aspects and the general objectives assumed in "A theory of justice" is emphasized, especially with regard to the characterization of the original position as ideal situation of deliberation among rational agents who recognize themselves as free and equal in their plurality. In this sense, we will focus on the interpretation of the link between the veil of ignorance and the reflective equilibrium as a constitutive moment of a process of practical reflection in which logical-formal rationality and reasonableness of restrictions interact, without contradiction. Hence, we will indicate, in a general and absolutely provisional way, in which terms it seems possible to reconcile constructivism and contractualism in "A theory of justice". (shrink)

I criticize the widely accepted “practical” interpretation of the universality test contained in Kant’s first formula of the categorical imperative in the Groundwork of the Metaphysics of Morals – the formula of the universal law of nature. I argue that this interpretation does not work for contradictions in conception because it wrongly takes contradictions in the will as the model for them and, as a consequence, cannot establish a clear distinction between the two kinds of contradiction. This interpretation also assumes (...) an understanding of universality that departs from Kant’s own and, cannot, for this reason, capture the kind of contradiction that he explicitly claims to establish. I provide an alternative interpretation, which I call revised logical interpretation, that allows us to account for contradictions in conception, including those examples that the practical interpretation cannot handle, as well as to establish a clear distinction between the two kinds of contradiction. (shrink)

Professional work is currently based on explicit knowledge and evidence to a greater degree than in the past. Standardising professional services in this way requires repetitive scenarios and might be seen as a challenge to professional autonomy. In the context of policing, officers perform a range of familiar tasks, but they may also encounter novel challenges at any moment. Moreover, police tasks are not well-defined. Therefore, many missions require police officers to rely on common sense, tacit knowledge or gut feeling. (...) In this article, I argue that a values-based methodology may serve as a tool to help evaluate decisions in unfamiliar situations, to learn from experience, as well as be a quality control for established routines. _Keywords:_ ethics, policing, decision-making, values, experiential learning routines. (shrink)

Psychopaths are renowned for their immoral behavior. They are ideal candidates for testing the empirical plausibility of moral theories. Many think the source of their immorality is their emotional deficits. Psychopaths experience no guilt or remorse, feel no empathy, and appear to be perfectly rational. If this is true, sentimentalism is supported over rationalism. Here, I examine the nature of psychopathic practical reason and argue that it is impaired. The relevance to morality is discussed. I conclude that rationalists can explain (...) the moral deficits of psychopaths as well as sentimentalists. In the process, I identify psychological structures that underpin practical rationality. (shrink)

In this paper, I analyzed the discussion on the principle of universalizability which took place in moral philosophy in 1970–1980s. In short, I see two main problems that attracted more attention than others. The first problem is an opposition of universalizability and generalization. M.G. Singer argued for generalization argument, and R.M. Hare defended universalizability thesis. Hare tried to refute Singer’s position, using methods of ordinary language philosophy, and claimed that in ethics generalization is useless and misleading. I have examined Singer’s (...) defense and concluded that he was right and Hare was mistaken. Consequently, generalization argument is better in clarification of the relationship between universality and morality than Hare’s doctrine of universalizability, and hence the universality of moral principles is not incompatible with the existence of exclusions. The second problem is the substantiation of the application of categorical imperative in the theory of relevant act descriptions and accurate understanding of the difference between maxims and non-maxims. In Generalization in Ethics, Singer drew attention to this theme and philosophers have proposed some suggestions to solve this problem. I describe ideas of H.J. Paton, H. Potter, O. O’Neill and M. Timmons. Paton coined the teleological-law theory. According to Potter, the best criterion for the relevant act descriptions is causal one. O’N eill suggested the inconsistency-of-intention theory. Timmons defended the causal-law theory. My claim is that the teleological-law theory and the causal-law theory fail to solve the relevant act descriptions problem and the causal criterion and the inconsistency-of-intention theory have their limits. From this, I conclude that these approaches cannot be the basis for clarifying the connection between universality and morality, in contrast to Singer’s approach, which, therefore, is better than others to clarify the nature of universality in morality. (shrink)

Niko Kolodny It is often said that there is a special class of norms, ‘rational requirements’, that demand that our attitudes be related one another in certain ways, whatever else may be the case.1 In recent work, a special class of these rational requirements has attracted particular attention: what I will call ‘requirements of formal coherence as such’, which require just that our attitudes be formally coherent.2 For example, we are rationally required, if we believe something, to believe what it (...) entails. And we are rationally required, if we intend an end, to intend what we take to be necessary means to it. The intuitive idea is that formally incoherent attitudes give rise to a certain normative tension, or exert a kind of rational pressure on each another, and this tension, or pressure, is relieved just when one of the attitudes is revised. As John Broome observes, these requirements are, by their nature, ‘wide scope’, which is to say that there is no particular attitude that one must have or lack in order to satisfy them. This is because they require just formal coherence, and there is no particular attitude that one must have or lack in order to be formally coherent. (shrink)

The issue whether psychopathic offenders are practically rational has attracted philosophical attention. The problem is relevant in theoretical discussions on moral psychology and in those concerning the appropriate social response to the crimes of these individuals. We argue that classical and current experiments concerning the instrumental learning in psychopaths cannot directly support the conclusion that they have impaired instrumental rationality, construed as the ability for transferring the motivation by means-ends reasoning. In fact, we defend the different claim that these experiments (...) appear to show that psychopaths in certain circumstances are not aware of the relevant means for their ends. Moreover, we suggest how further empirical research could help to settle the issue. (shrink)

Folly is an under-explored vice, despite its common occurrence and close relationship to core aspects of practical rationality and the good life. This paper develops an account of folly as a subspecies of imprudence and distinctive source of wrongdoing, with a special focus on its relational, social or inter-personal aspect. Drawing on Rotenstreich’s historically-based account, folly is defined as a form of practical irrationality resulting from closedness to the world. I expand Rotenstreich’s view and depart from him on two key (...) points. First, I argue that folly should be cleanly differentiated from stupidity. Second, I show that the wrong in folly—i.e. the harms it involves intrinsically, as opposed to as a matter of causal consequence—is partly obscured by Rotenstreich’s exclusive focus on the fool as an isolated individual agent. When, instead, we consider folly as a pathology of interpersonal relations, it reveals itself to be a vice which infects and undermines human relationships of love and care, and thus to be a serious threat to living well or human flourishing in almost all of their forms. (shrink)

Rüdiger Bittner surveys with a skeptical eye classic and contemporary ideas of Kantian autonomy. He allows that we can be more or less free in a modest (quasi-Hobbesian) sense and that many people may want more of this freedom from impediments that make it difficult or impossible to do various things. He argues, however, that high-minded general affirmations of human freedom are unfounded and not likely to retain their grip on our thinking. While acknowledging the value of Bittner’s challenges, I (...) raise questions about Bittner’s dismissal of ideas of freedom apparently imbedded in ordinary language and his critique of the idea of autonomy in Kant’s ethics and broadly Kantian theories. A key issue is how to make sense of the claim that a moral law can be a law and yet also self-imposed. Given certain background assumptions about Kant’s conception of autonomy of the will, the key claim requires different interpretations when it concerns the supreme moral law (the Categorical Imperative) and when it concerns more specific moral laws (for example, derivative principles in Kant’s Doctrine of Virtue). Bittner’s challenges are valuable because they require us to work out and articulate more carefully what we mean by autonomy and why it is important. As Bittner says, Kant’s idea of autonomy is not the same as the ideas of autonomy that appear in medicine, politics, and everyday life. Nevertheless, those who care about either have some reason to think about how these are connected. (shrink)

Rüdiger Bittner surveys with a skeptical eye classic and contemporary ideas of Kantian autonomy. He allows that we can be more or less free in a modest (quasi-Hobbesian) sense and that many people may want more of this freedom from impediments that make it difficult or impossible to do various things. He argues, however, that high-minded general affirmations of human freedom are unfounded and not likely to retain their grip on our thinking. While acknowledging the value of Bittner’s challenges, I (...) raise questions about Bittner’s dismissal of ideas of freedom apparently imbedded in ordinary language and his critique of the idea of autonomy in Kant’s ethics and broadly Kantian theories. A key issue is how to make sense of the claim that a moral law can be a law and yet also self-imposed. Given certain background assumptions about Kant’s conception of autonomy of the will, the key claim requires different interpretations when it concerns the supreme moral law (the Categorical Imperative) and when it concerns more specific moral laws (for example, derivative principles in Kant’s Doctrine of Virtue). Bittner’s challenges are valuable because they require us to work out and articulate more carefully what we mean by autonomy and why it is important. As Bittner says, Kant’s idea of autonomy is not the same as the ideas of autonomy that appear in medicine, politics, and everyday life. Nevertheless, those who care about either have some reason to think about how these are connected. (shrink)

Moral theories, such as the variations on virtue ethics, deontological ethics, contractualism, and consequentialism, are expected – inter alia – to explain the basic orientation of morality, give us principles and directives, justify those, and thereby guide our actions. I examine some functions and characteristics of the extant moral theories from a moral metatheoretical point of view, in order to clarify the generally assumed rivalry between them. By thinking of moral theories in analogy to languages it is argued that different (...) moral theories are neither simply competing nor simply complementary; their respective orientations justify using them, in virtue of the problems they help to solve. But even if considerations about the functionality of a theory and the context in which it is created play an important role, they can neither be sufficient to determine these theories’ relations to one other nor for choosing between them. The challenge is to set criteria for the quality of a moral theory on a moral metatheoretical level and, in particular, to make room for future views on morality. (shrink)

Many of its students are first drawn to Kant's practical philosophy because it seems to promise a theory of morality both objective and practicable. Moral theory, as Kant conceives of it, must abst...

Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy (...) of duties to oneself, I propose a contractualist reconstruction of this puzzling line of reasoning. (shrink)

The paper is devoted to the analysis of Kant’s approach to the ideas of universality and autonomy as the constitutive features of morality. The paper shows that Kant’s findings concerning these ideas were anticipated by the previous history of moral philosophy, mainly by the modern moral philosophers, who focused specifically on the elaboration of the philosophical concept of morality. Kant’s peculiar role was that, firstly, he conceptualized the ideas of universality and autonomy and formulated corresponding principles; secondly, Kant integrated both (...) principles into the concept of moral law and revealed the way by which the formula of universality and the formula of autonomy together with formula of humanity constitute the supreme principle of morality and essentially express the sense of morality itself. Kant believed that the reason for the failure of the previous attempts to explicate the supreme principle of morality was inability to understand that the moral agent is subject not only to universal but at the same time his own legislation. Thirdly, Kant, unlike his predecessors, in his examination of universality didn’t appeal to the human nature or nature of things. Fourthly, he underlined that the principle of universality and the principle of autonomy were not only interconnected but also shaped each other: the determination of will may be identified as a universal principle only if it is given through a moral agent’s rational will. And a moral agent may be identified as autonomous only if in his decisions and actions he is guided by principles that are universalizable. (shrink)

The universality test is a significant reflective procedure, owing to which Kant’s categorical imperative is brought into proximity with moral practice and with an agent’s decisions made in particular circumstances and at the face of value collisions. The test is to be done in every single case by a moral agent her/himself and it aims to examine a selected maxim for its universality, that is to its congruity to universal and necessary moral law and hence to its moral dignity. This (...) issue has been broadly developed during the last century either within Kant studies, or in positive philosophical discussions, often sharply polemical. The paper represents some positions in those discussions. No matter how important the universality test in an agent’s moral decisions, so far universality signifies one of three embodiments of the categorical imperative, it would be wrong to consider the test the only criterion of moral dignity. This is true both within the Kantian conception of morality and more so beyond it. The paper proposes the Golden Rule as a critical correlation to the categorical imperative with its universality test. The rule also presupposes a kind of universalizability procedure. However, if the universality test set up by the categorical imperative is based on congruence of a maxim with the universal law, universalizability grounded on the Golden Rule consists in delocalization of intentions by taking into consideration the Other in her/his general and particular dispositions. (shrink)

The so-called ‘central problem’ of internalism has been formulated like this: one cannot concurrently maintain the following three philosophical positions without inconsistency: internalism about practical reason, moral rationalism, and moral absolutism. Since internalism about practical reason is the most controversial of these, the suggestion is that it is the one that is best abandoned. In this paper, I point towards a response to this problem by sketching a deontic logic of internal reasons that deflates moral normativity to the normativity of (...) instrumental rationality, and provides support for the assertion that one can hold fast simultaneously to internalism and at least many of the intuitive commitments of liberal moral thinking. Crucial to the proposal is an account of the enkratic principle – I ought to attempt to realise what I ultimately desire – as the source of obligations we owe to ourselves. I attempt to show how from this, in conjunction with some plausible assumptions, obligations to others might be derived. (shrink)

This paper takes a constitutivist approach to self-deception, and argues that this phenomenon should be evaluated under several dimensions of rationality. The constitutivist approach has the merit of explaining the selective nature of self-deception as well as its being subject to moral sanction. Self-deception is a pragmatic strategy for maintaining the stability of the self, hence continuous with other rational activities of self-constitution. However, its success is limited, and it costs are high: it protects the agent’s self by undermining the (...) authority she has on her mental life. To this extent, self-deception is akin to alienation and estrangement. Its morally disturbing feature is its self-serving partiality. The self-deceptive agent settles on standards of justification that are lower than any rational agent would adopt, and thus loses grip on her agency. To capture the moral dimension of self-deception, I defend a Kantian account of the constraints that bear on self-constitution, and argue that it warrants more discriminating standards of agential autonomy than other contemporary minimalist views of self-government. (shrink)

The article compares two different interpretations of Kant's categorical imperative −the practical and the logical one− and defends the practical one, arguing that it is superior because it rejects cases of free riding without necessarily rejecting cases of coordination or timing. The logical interpretation, on the other hand, leads to the undesirable outcome that it does not reject immoral cases of free riding, and to the desired outcome that it does not reject maxims of coordination/timing. Given that neither of them (...) rejects maxims of coordination/timing (they are similar in that sense) and only the practical interpretation rejects free riding, the logical interpretation should be rejected. El artículo compara dos interpretaciones diferentes del imperativo categórico kantiano −la práctica y la lógica− y defiende la superioridad de la práctica debido a que rechaza los casos de free riding, sin rechazar necesariamente los casos de coordinación/tiempo. La interpretación lógica, en cambio, lleva al resultado indeseable de no rechazar casos inmorales de free riding, y al resultado deseable de rechazar las máximas de coordinación/tiempo. Dado que ninguna de las dos rechaza las máximas de coordinación/tiempo (y en este sentido son similares) y solamente la interpretación práctica rechaza los casos de free riding, debe rechazarse la interpretación lógica. (shrink)

I argue that the Universal Law formulation of the Categorical Imperative is best interpreted as a test or decision procedure of moral rightness and not as a criterion intended to explain the deontic status of actions. Rather, the Humanity formulation is best interpreted as a moral criterion. I also argue that because the role of a moral criterion is to explain, and thus specify what makes an action right or wrong, Kant's Humanity formulation yields a theory of relevant descriptions.