This chapter contains sections titled: Taking On Your Natural Human Role by Killing Non‐Human Animals Discover Nature by Killing Non‐Human Animals The Paradox of Ethical Hunting Hunting and Environmentalism Notes.

In lieu of an abstract, here is a brief excerpt of the content:A Naturalized Context of Moral Reasoning1Elizabeth BaetenAmerican philosophy of the past century seems to have availed itself of the advances in science primarily under the rubric of philosophy of science, especially using physics as the exemplar of scientific inquiry and almost entirely in service of developing an adequate epistemology (and related logic). Though there has been some philosophical work using biological sciences as areas of inquiry, this is (...) most often a matter of investigating either the logic or content of the life sciences as it relates to that of physics or chemistry; for example, trying to determine the proper method and scope of reduction. Cognitive science has been a fruitful avenue for philosophy of mind, but in most cases the dominant model sees mind as “software” able to be understood independently of the process of evolution that led to the human brain.Very little work (until the past half decade) has used advances in the life sciences as fodder for philosophic speculation in areas such as ethics, aesthetics, metaphysics, and so on, though some subfields, like medical ethics, provide exceptions. American pragmatic naturalists, on the other hand, from the second half of the ninteenth century into the middle of the twentieth, insisted that the content of the life sciences was essential in understanding human nature. John Dewey, for example, thoroughly incorporated the premise of humans as biological organisms making our way in environments that must be navigated using natural powers and natural solutions to impediments to action. George Herbert Mead provides another example of a fully naturalized conception of human existence, especially as biological organisms in social interaction in various spheres.What I am particularly concerned with here is making sense of the moral sphere with a conception of the human subject as a product of evolution and both socially constituted and uniquely integrated in an environment (more [End Page 63] carefully—a related suite of environments). The beginning point of this re-framing is in Mead’s notion of the social constitution of human being. Most readers of Mead take up such constitution only in the arena of what Mead calls “significant gesture,” using spoken language, especially in propositional form, as exemplary and as providing the foundation for mind, self-consciousness, and so on. But Mead’s concept of sociality is much wider in scope than this; the concept is fundamental to his cosmology. Furthermore, Mead’s notion of sociality is closely linked to his claim that the emergence of true novelty is possible in a fully naturalized cosmos.Without exploring in greater depth Mead’s contribution to thinking about sociality as a precondition for the most fundamental natural processes,2 I would like to use a broadened version of this to frame some contemporary work in biology, ecology, and cognitive science as they relate to human existence, especially in terms of how we may think productively about the moral sphere.In earlier work, I noted that there is a ubiquitous premise in Western moral theories that I believe is mistaken—or at least worthy of serious reconsideration. Most moral theory takes as axiomatic that whatever feature makes us uniquely human is the same feature that, when perfected, makes us moral. That is, that being “good” at being human makes us “good” humans. This is obviously so for Aristotle, insofar as it is rationality that is our special ergon, and it is using rationality well and beautifully that constitutes human virtue. But I think similar assumptions underlie much of moral theory, ancient and modern, and extend to contemporary work that takes language (or concept) use as peculiarly human and sees linguistic (or conceptual) analysis of moral claims as the proper domain of ethical theory.It seems that this presupposition, in part insisting that morality is uniquely human, is put in question if we take seriously evolution through natural selection and understand the human species to be as much a product of natural selection as any other species. There has been a good deal of ethological work done in the past several decades pointing out the protomoral capacities of other highly social animals, especially in those species to which we are most closely related (see, for example... (shrink)

The classical view of natural law, often traced to Aquinas' statement that "unjust law is no law at all," finds few defenders today. Even those most sympathetic to natural law theories do not embrace the classical account, but, instead, convert Aquinas' claim into a claim of political theory or construct new "natural law" accounts about the connection between legal and moral principles in a theory of adjudication. In this paper, I defend the view that extreme injustice disqualifies otherwise valid (...) official directives from counting as "law”. Indeed, I suggest that modern positivism's characterization of the normative claims that typify legal systems leads inevitably to the conclusion that "law," as a conceptual matter, must be understood by insiders who employ the term to admit moral limits on what can count as "law." I proceed as follows. First, I begin with some preliminary clarifying comments about methodology and the precise issue under discussion. Second, I describe four leading theories about the nature of law and consider how central ideas in each theory can be seen to generate opposing ideas that lead in turn to opposing models of law. Third, I state briefly the affirmative case for thinking that the classical natural law view is correct. Fourth, I identify basic mistakes in current approaches to the question about the nature of law that help explain why modern positivism has overlooked the manner in which it leads logically to the classical natural law view. Finally, I add some brief remarks about why it matters: what practical consequences follow from acknowledging that there are moral limits on what can count as law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:189 HUME'S MORAL ONTOLOGY* My concern here is the claim, made in my recent book, that Hume is a moral realist. In general terms I would describe this book as one of several that represent a sustained effort to consider Hume within an eighteenth-century context, an effort to see him not as a timeless figure, or to treat him as a brilliantly successful contemporary of ourselves, but (...) as a brilliant eighteenth-century philosopher responding to eighteenth-century issues with, for all his timelessness, eighteenth-century conceptual tools and 2 from an eighteenth-century perspective. It would be hopelessly naive to suppose that any of us can view Hume without any historical distortion, but it is equally naive to read Hume, as he is often read, without historical sensitivity. Furthermore, such insensitivity closes us off from what is uniquely valuable about Hume, for, instead of seeing his writings as the consequence of his unique efforts to confront and answer the philosophical questions posed to him, the historically insensitive read into him their own questions and their own answers. The past studied as an echo of the present is of little interest (and none of that intrinsic), nor can there be much value in the study of those who saw but through a glass, darkly, the truths now so apparent to us. Our intellectual past is important to us because it is different from our intellectual present, and not because it seconds what we presume already to know. I was entirely serious, then, when I said that both the plausibility, and the very meaning of my claim that Hume is a common-sense moralist or a moral realist depends upon considering this claim — and, consequently, Hume — within a particular philosophical context. It will not do to suppose that moral realism 190 is a term with an eternal, unchanging, and Platonic connotation, and then to reject my suggestion outright because Hume was, as I would certainly agree, virtually without sympathy for anything revealing a tincture of Platonism. Philosophical terms as well as philosophical issues are historical, changing entities; it is those who think or act otherwise who smuggle 4 Platonism into the discussion. Doubtless, however, some of the misunderstanding to which I refer is my own responsibility. I can join Hume in saying "I have found by experience, that some of my expressions have not been so well chosen, as to guard against all 5 mistakes in the readers," and so I shall here offer some clarifications of my view. I. To begin, I wish to bring together in one place evidence of the significant qualifications I put on my claim about Hume's moral realism. Taken together, these remarks show that my position is consistent with the widely held (and generally correct, I would say) view that Hume is in one highly important sense a naturalist, and that I ascribe to him a realism that is neither Platonic, Scholastic, Cartesian, nor Hutchesonian: A. If naturalism is thought to be the view "that the whole of the universe or experience may be accounted for by a method like that of the physical sciences," then Hume must certainly be called a naturalist because of his efforts to extend the "experimental Method of Reasoning into moral Subjects".... Hume is a naturalist in that he sought to produce coherent philosophical explanations without the slightest recourse to supernatural entities or transcendental principles... an obvious example of this kind of naturalism... is his attempt to explain moral values as derived from human nature or from, that is, human beings as constituted and active in the world (DH 15-16). 191 B. By no stretch of the imagination can Hume be supposed to have borrowed this providential aspect of Hutcheson's thought, not even in morals (DH 54; also see p. 93). C I submit that /Hume/ holds that vice and disapprobation are not identical and that moral qualities are not merely sentiments but, rather, the objective correlates of sentiments. /Footnote:/ No rash conclusions should be drawn from this claim about objective correlates. I do not suggest that virtue and vice are objects in the ordinary sense (physical objects), or that they are transcendently existing qualities of... (shrink)

In this paper, I take up one of Wang Yangming’s most audacious philosophical claims, which is that an achievement that is entirely concerned with correcting one’s own inner states, called “establishing sincerity” (licheng 立誠) can help one to fully grasp (jin 盡) all ethically pertinent matters, including those that would seem to require some ability to know or track facts about the wider world (e.g., facts about people very different from ourselves, facts about the needs of plants and animals). (...) Wang makes a claim to this effect in some of his letters and recorded discussions. -/- I begin with a brief, historical reconstruction of what Wang means by “establishing sincerity” and then turn to two sets of controversies regarding his audacious claim. The first has to do with how we should understand the proposal that establishing sincerity helps or positions a person to fully grasp all ethically significant concerns. On the interpretation of Chen Lai 陳來, Wang doesn’t think that establishing sincerity is sufficient by itself to have this grasp, only that it lays a necessary psychological foundation for all attempts to do so, so that it leaves much more work to do. I largely agree with Chen’s reading but find it isn’t strong enough to capture what’s most important and controversial about Wang’s view. On my stronger reading, Wang doesn’t just think that establishing sincerity provides a necessary foundation for a complete grasp, he also thinks that it describes the most difficult and demanding step or part of the process – the other steps come much more naturally and easily. The second set of controversies has to do with whether we can preserve Wang’s core account of virtuous moral agency without his strong ethical nativism, according to which we have an inherent capacity and disposition to track what is ethically important or salient about people and things very much unlike ourselves. I consider some arguments and interpretations of Wang’s thought that might allow us to bypass his nativist presuppositions, and conclude that they do not succeed. Even if we cannot accept his ethical nativism, however, there is a range of important ethical norms for which Wang’s prescriptions are powerful and prudent. The result of this study, I hope, will be an account of Wang’s thought which better positions us to see what parts are (and are not) worth bringing to ongoing debates about the nature of ethics, moral knowledge, and moral virtue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.1 (2002) 138-146 [Access article in PDF] Understanding Moral Limits in the Duality of Artifacts and NatureA Reply to Critics Eric Katz Ned Hettinger and Wayne Ouderkirk present some cogent criticisms of my ideas in environmental ethics, especially those ideas closely associated with my attacks on the process of ecological restoration. Both trace the source of my alleged problems to a pernicious dualism of (...) nature and humanity that they perceive in my environmental philosophy. In this reply I accept their basic analysis of my work but deny that my overall position leads to the problems they suggest. I explicitly endorse the dualism of human artifacts and natural entities, and I argue that this dualism exists along a spectrum of "more-or-less" natural or artifactual. I claim that this dualism is not pernicious, but on the contrary, it is the first necessary step to understanding the moral limits of human action in the natural world.I begin with a consideration of the formal structure of these critical papers—there is a remarkable formal similarity between these two essays. Each author begins with a brief review of the positive aspects of my position or "theory" in environmental ethics; then there is an analysis of the problems within the position, and the problematic consequences or implications [End Page 138] of my position for environmental policy and environmentalism generally; then there is an attempt to begin a solution to the problems encountered "on my own terms" so to speak—each author points out that within my position there are ideas that could be used to solve the problems uncovered. Thus I am urged to develop specific strands of my own thought—a recommendation that I (logically) cannot avoid.Now on one level this formal structure is commonplace in polite scholarly discourse. Before offering criticisms of an author—especially when he is in the same room—we cite a few positive things about his work, and we end by noting that the position of the author is not completely hopeless. So perhaps the structural similarity between these two papers is not particularly noteworthy. But in this case I think it is. For the structure of the papers points out a distinguishing feature of my work that I recognize: My work is essentially negative and critical. I believe that I am raising problems and provocative questions. My criticisms apply to both traditional ethics (especially as it relates to environmental issues) and to the standard (policy-driven) versions of environmental ethics (especially the anthropocentric and individualistic variations). My criticisms also create questions for mainstream environmental policies—or I so hope, for this is my chief purpose in doing environmental philosophy. Since it is essentially critical, the most one can derive from my work in a positive vein are suggestions or hints for directions in which solutions may be found. I readily admit that I have not followed these paths to work out solutions—at least not yet. Thus in a formal or structural sense I am in substantial agreement with my critics: my essays raise a lot of problems; I do not offer fully worked out solutions; but the seeds of possible solutions may be present in the body of my work.But I have to make one distinction concerning the nature of "problems." Ouderkirk and Hettinger raise two distinct kinds of problems when they interpret my work. First, there are (possibly) internal contradictions in my ideas that make the theory itself incoherent in some mostly formal way. (For example, my argument for the importance of nonanthropocentric value might hide a latent anthropocentrism—Ouderkirk says at one point that I may be letting anthropocentrism in through the back door.) And second, there are (supposedly) problems in my position because my view has serious negative consequences for standard environmental policies. (For example, both Hettinger and Ouderkirk claim that my view of the distinction between artifacts and natural entities makes impossible all restoration [End Page 139] efforts in the natural world.) Does my position lead to unacceptable consequences for standard environmental... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.1 (2002) 138-146 [Access article in PDF] Understanding Moral Limits in the Duality of Artifacts and NatureA Reply to Critics Eric Katz Ned Hettinger and Wayne Ouderkirk present some cogent criticisms of my ideas in environmental ethics, especially those ideas closely associated with my attacks on the process of ecological restoration. Both trace the source of my alleged problems to a pernicious dualism of (...) nature and humanity that they perceive in my environmental philosophy. In this reply I accept their basic analysis of my work but deny that my overall position leads to the problems they suggest. I explicitly endorse the dualism of human artifacts and natural entities, and I argue that this dualism exists along a spectrum of "more-or-less" natural or artifactual. I claim that this dualism is not pernicious, but on the contrary, it is the first necessary step to understanding the moral limits of human action in the natural world.I begin with a consideration of the formal structure of these critical papers—there is a remarkable formal similarity between these two essays. Each author begins with a brief review of the positive aspects of my position or "theory" in environmental ethics; then there is an analysis of the problems within the position, and the problematic consequences or implications [End Page 138] of my position for environmental policy and environmentalism generally; then there is an attempt to begin a solution to the problems encountered "on my own terms" so to speak—each author points out that within my position there are ideas that could be used to solve the problems uncovered. Thus I am urged to develop specific strands of my own thought—a recommendation that I (logically) cannot avoid.Now on one level this formal structure is commonplace in polite scholarly discourse. Before offering criticisms of an author—especially when he is in the same room—we cite a few positive things about his work, and we end by noting that the position of the author is not completely hopeless. So perhaps the structural similarity between these two papers is not particularly noteworthy. But in this case I think it is. For the structure of the papers points out a distinguishing feature of my work that I recognize: My work is essentially negative and critical. I believe that I am raising problems and provocative questions. My criticisms apply to both traditional ethics (especially as it relates to environmental issues) and to the standard (policy-driven) versions of environmental ethics (especially the anthropocentric and individualistic variations). My criticisms also create questions for mainstream environmental policies—or I so hope, for this is my chief purpose in doing environmental philosophy. Since it is essentially critical, the most one can derive from my work in a positive vein are suggestions or hints for directions in which solutions may be found. I readily admit that I have not followed these paths to work out solutions—at least not yet. Thus in a formal or structural sense I am in substantial agreement with my critics: my essays raise a lot of problems; I do not offer fully worked out solutions; but the seeds of possible solutions may be present in the body of my work.But I have to make one distinction concerning the nature of "problems." Ouderkirk and Hettinger raise two distinct kinds of problems when they interpret my work. First, there are (possibly) internal contradictions in my ideas that make the theory itself incoherent in some mostly formal way. (For example, my argument for the importance of nonanthropocentric value might hide a latent anthropocentrism—Ouderkirk says at one point that I may be letting anthropocentrism in through the back door.) And second, there are (supposedly) problems in my position because my view has serious negative consequences for standard environmental policies. (For example, both Hettinger and Ouderkirk claim that my view of the distinction between artifacts and natural entities makes impossible all restoration [End Page 139] efforts in the natural world.) Does my position lead to unacceptable consequences for standard environmental... (shrink)

Studies demonstrating the benefits of ethical behavior at an individual level are scarce. The business ethics literature centers its analysis on unethical behaviors and their consequences, rather than ethical behaviors and their benefits. There is now considerable debate on the role of auditors in society and the function of accounting firms in the free market capitalist system. Specifically, the eminently ethical nature of the auditor’s work has been highlighted. Therefore, the aim of our paper is to show the impact of (...) auditors’ sustained ethical behavior: the trust it generates. This trust results in considerable benefits for the firm due to a reduction in the costs of the partner’s supervision of the auditor. The methodology chosen to validate these claims is a survey of partner of the audit firm in auditing companies. The results of this research confirm the hypotheses raised in the theoretical model. (shrink)

A new variational method, the principle of least radix economy, is formulated. The mathematical and physical relevance of the radix economy, also called digit capacity, is established, showing how physical laws can be derived from this concept in a unified way. The principle reinterprets and generalizes the principle of least action yielding two classes of physical solutions: least action paths and quantum wavefunctions. A new physical foundation of the Hilbert space of quantum mechanics is then accomplished and it is used (...) to derive the Schrödinger and Dirac equations and the breaking of the commutativity of spacetime geometry. The formulation provides an explanation of how determinism and random statistical behavior coexist in spacetime and a framework is developed that allows dynamical processes to be formulated in terms of chains of digits. These methods lead to a new foundation for Lorentz transformations and special relativity. The Parker-Rhodes combinatorial hierarchy is encompassed within our approach and this leads to an estimate of the interaction strength of the electromagnetic and gravitational forces that agrees with the experimental values to an error of less than one thousandth. Finally, it is shown how the principle of least-radix economy naturally gives rise to Boltzmann’s principle of classical statistical thermodynamics. A new expression for a general nonequilibrium entropy is proposed satisfying the Second Law of Thermodynamics. (shrink)

Seneca asserts in Letter 121 that we mature by exercising self-care as we pass through successive psychosomatic “constitutions.” These are babyhood (infantia), childhood (pueritia), adolescence (adulescentia), and young adulthood (iuventus). The self-care described by Seneca is 'self-affiliation' (oikeiōsis, conciliatio) the linchpin of the Stoic ethical system, which defines living well as living in harmony with nature, posits that altruism develops from self-interest, and allows that pleasure and pain are indicators of well-being while denying that happiness consists in pleasure and that (...) pain is misery. Augustine divides the narrative of his own development into the stages of babyhood (infantia), childhood (pueritia), adolescence (adulescentia), and young adulthood (iuventus) in the Confessions, a text wherein he claims familiarity with more than a few works of Seneca (Conf. 5.6.11). Furthermore, he had access to Stoic accounts of affiliation not only in Seneca’s Letter 121, but also in Cicero’s On Goals, and in non-extant sources of Stoic ethical theory. After pointing out that Augustine endorsed the notion of self-affiliation outside of the Confessions, I raise the question of whether he also makes the notion of affiliation thematic in his philosophical autobiography. I argue that he does indeed present himself and some of his primary relationships – with his mother and his long-term girlfriend – in terms of personal and social oikeiōsis. In addition, his self-critiques in the early books of the Confessions can be more fully understood if compared to Stoic developmental theory. He depicts himself as failing to progress intellectually, socially, and morally: although he passed through the successive constitutions, becoming physically larger and cognitively capable, he did not mature correctly by the standards of his Stoic sources. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:When Our Fathers Fall:A Thomistic-Confudan Approach to Lay Moral Correction of ClergyJoshua R. BrownIn this article, I seek to draw upon the resources of Thomas Aquinas and early Confucian philosophy in order to answer the following question: what are the responsibilities of lay Catholics to our priests and bishops as regards their personal moral rectification? This justifiably provokes two questions in reaction: why is this question worth (...) pursuing, and why pursue it via a comparative reading of Aquinas and Confucian philosophy?As to the first of these, the question I pose here is a specification of the larger responsibilities that fall to Christians according to the Scriptures. Galatians 5:1–2 puts the matter this way: "Brothers, even if a person is caught in some transgression, you who are spiritual should correct that one in a gentle spirit, looking to yourself, so that you may also not be tempted. Bear one another's burdens and so you will fulfill the law of Christ."1 In the theological tradition, "bearing one another's burdens" has been neatly and aptly represented in the principle of fraternal correction. The question I am focused on here, then, is how is fraternal correction properly offered from laity to clerics.Ultimately, articulating the shape or form of virtuous lay correction of clergy is actually a rather knotty problem. This is because the manner of the relationship between laity and clergy is not simply understood in terms [End Page 1025] of the bonds of Christian fraternity. Certainly, all Christians are brothers and sisters in Christ, for through His grace we have been adopted into the inheritance of the Kingdom of God as children of God (see Eph 5:1–5; 1 John 3:1–3). Yet the Church also recognizes that priests and bishops possess not simply a fraternal but also a paternal relationship to laity. As St. Paul again puts it to the church in Corinth, "I became your father in Christ Jesus through the gospel. Therefore, I urge you, be imitators of me" (1 Cor 4:15–16).I propose here that, although fraternal correction is a still useful concept for understanding how laity can morally correct clergy, it has an obvious weakness in that it corresponds to a particular relational analogy, that of fraternity, within which the difference in authority is not as great as the parent–child bond. Thus, fraternal correction is exceptionally useful for understanding how relationships with more or less equal rank of authority can function in terms of moral remonstration, such as how a lay Christian might fraternally correct another lay Christian, or a cleric fraternally correct a cleric. However, when it comes to clergy–laity relations, the shape of fraternal correction is far less clear, for there is a just and genuine disparity between them in the order of ecclesial, magisterial authority underlying the relationship, even if there is equality in other important respects.I argue here that lay responsibilities for correcting clergy can be fruitfully understood in terms of filial remonstration as understood by the Confucian philosophical tradition. Of course, there is one tremendous dissimilarity between Confucian views on the responsibilities for filial remonstration and those pertaining to the laity–clergy relationship: the former occur within and flow from the natural foundation of the parent–child bond, while the latter are not based on blood relations and natural duties. Yet, the same can be said about the language of fraternal correction, which draws upon the analogous duties of blood-kin applied to the spiritual fraternity of the Christian life. And so, it must be admitted that although the father–child relationship is used only analogously to describe the priest–laity relationship, it also accurately depicts the reality of that relationship. As John Paul II observed, priestly celibacy entails "a singular sharing in God's fatherhood and in the fruitfulness of the Church."2 The call of the priest to the celibate life is thus a call to fatherhood, indeed, a call to imitate and participate in the paternity of the triune God in a special and spiritual way. It seems clear that only a materialistic conception of things that denies the spiritual its proper... (shrink)

This short paper deals with the difficult articulation of a diverse cultural heritage within a society and the democratic forms of assuring its social cohesion. Special attention is paid to the links between immaterial culture and the environment that transforms it into a structural element of social cohesion. Culture is seen as a 'mould' which shapes a shared behaviour, and democracy can be conceived as a system made up of elements of a cultural nature that go as far as implying (...) safeguarding pluralism, respect and tolerance of all kinds of difference. This is the case with those countries where the structures of the modern state are in the process of disappearing and being redefined in new forms, whose essential feature is acceptance of cultural diversity. If we conceive democracy in terms of heritage and in terms of non-exclusion of cultures dominated by a dominant culture, then it results that Mexico has not experienced true democracy - either in the past or nowadays. (shrink)

This short paper deals with the difficult articulation of a diverse cultural heritage within a society and the democratic forms of assuring its social cohesion. Special attention is paid to the links between immaterial culture and the environment that transforms it into a structural element of social cohesion. Culture is seen as a 'mould' which shapes a shared behaviour, and democracy can be conceived as a system made up of elements of a cultural nature that go as far as implying (...) safeguarding pluralism, respect and tolerance of all kinds of difference. This is the case with those countries where the structures of the modern state are in the process of disappearing and being redefined in new forms, whose essential feature is acceptance of cultural diversity. If we conceive democracy in terms of heritage and in terms of non-exclusion of cultures dominated by a dominant culture, then it results that Mexico has not experienced true democracy - either in the past or nowadays. (shrink)

Intuitionism—in some form or another—is the most widely recognized and thoroughly discussed method of justification for moral theories. It rests on the claim that a moral theory must not deviate too much from our pre-theoretical moral convictions. In some form or another, this methodology goes back at least as far as Aristotle, and has been discussed, refined, and defended by such contemporary philosophers as John Rawls and Norman Daniels.There is, however, another methodology for constructing and defending (...) class='Hi'>moral theories. It draws on premises about human nature or the nature of persons to support conclusions about the nature and structure of morality. This method—which I will call thenature to morality methodology—evaluates a moral claim or moral theory on the basis of its relation to some facts about the kind of beings we are. For brevity, I will use the term ‘nature-claims’ to refer to claims about human nature or the nature of persons, and the term ‘nature-facts’ to refer to true nature-claims. The nature-claims that have been used to support or criticize various moral theories include claims about human motivation, personal identity, the human soul, and the conceptual features of personhood or rational agency. (shrink)

Ectogestation—that is, ‘artificial’ or extramammalian pregnancy—may soon be within technological reach. This confronts us with questions about the correct moral and legal attitude towards the subjects of this technology, which are called ‘gestatelings’. Colgrove argues that gestatelings are a kind of newborn, and consequently should have the same moral and legal protections as newborns. This paper responds that both claims are unsupported by his arguments, which equivocate on two understandings of the term ‘newborn’. Questions about the (...) appropriate moral and legal status of gestatelings are therefore left unanswered, but in the course of attempting to answer them, we are well advised to continue using the term gestateling. (shrink)

Von Wright argued that moral goodness is a derivative form of goodness. He proceeded to give an account of the moral goodness of an act, in terms of the good of man. Philosophical anthropology must render the phenomenon of morality intelligible. This chapter suggests that the roots of moral value lie in human sympathy, in maternal love, in intuitive recognition of the humanity of others, and in the nature of loving friendship. The sentiment of sympathy is virtually (...) ubiquitous, but sympathetic propensities vary from person to person, being partly a function of their imagination. Sympathy is an emotional tap‐root of moral reasons and a presupposition of moral reasoning. Kant's argument in support of a requirement of equal formal respect for human beings as moral agents is problematic. The explicit emergence of the idea of formal respect is one of the great advances in our evolving understanding of human nature and our conception of ourselves. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, (...) taken as a name for threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Intuitionism—in some form or another—is the most widely recognized and thoroughly discussed method of justification for moral theories. It rests on the claim that a moral theory must not deviate too much from our pre-theoretical moral convictions. In some form or another, this methodology goes back at least as far as Aristotle, and has been discussed, refined, and defended by such contemporary philosophers as John Rawls and Norman Daniels.There is, however, another methodology for constructing and defending (...) class='Hi'>moral theories. It draws on premises about human nature or the nature of persons to support conclusions about the nature and structure of morality. This method—which I will call thenature to morality methodology—evaluates a moral claim or moral theory on the basis of its relation to some facts about the kind of beings we are. For brevity, I will use the term ‘nature-claims’ to refer to claims about human nature or the nature of persons, and the term ‘nature-facts’ to refer to true nature-claims. The nature-claims that have been used to support or criticize various moral theories include claims about human motivation, personal identity, the human soul, and the conceptual features of personhood or rational agency. (shrink)

Raanan Gillon is a noted defender of the four principles approach to healthcare ethics. His general position has always been that these principles are to be considered to be both universal and prima facie in nature. In recent work, however, he has made two claims that seem to present difficulties for this view. His first claim is that one of these four principles, respect for autonomy, has a special position in relation to the others: he holds that it is (...) first among equals. We argue that this claim makes little sense if the principles are to retain their prima facie nature. His second claim is that cultural variation can play an independent normative role in the construction of our moral judgments. This, he argues, enables us to occupy a middle ground between what he sees as the twin pitfalls of moral relativism and moral imperialism. We argue that there is no such middle ground, and while Gillon ultimately seems committed to relativism, it is some form of moral imperialism that will provide the only satisfactory construal of the four principles as prima facie universal moral principles. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reply to Discussion of Origins of Moral-Political Philosophy in Early China:Contestation of Humaneness, Justice, and Personal FreedomTao Jiang (bio)I am grateful to all six commentators for their careful reading of and thoughtful engagements with my book, especially to Sungmoon Kim for spearheading this group effort. In the book, Origins of Moral-Political Philosophy in Early China: Contestation of Humaneness, Justice, and Personal Freedom, I try to tell a (...) new story about the foundational period of Chinese philosophy, with a focus on the deliberations of normative values in the respective texts. I make three key points. First, the central intellectual challenge during the Chinese classical period was how to negotiate the relationships between the personal, the familial, and the political domains (sometimes also characterized as the relationship between the private and the public) when philosophers were re-imagining and re-conceptualizing a new moral-political order. Philosophers offered a dazzling array of competing visions for that newly imagined order. Second, the competing visions can be characterized as a contestation between partialist humaneness and impartialist justice as the guiding norms of the newly imagined order, with the Confucians, the Mohists, the Laoists, and the so-called fajia thinkers being the major participants. This was the mainstream intellectual project that dominated the classical debate and set the terms and the parameters of that debate. Third, Zhuangzi and the Zhuangists were the outliers of the mainstream moral-political discourse during this period. They rejected the very parameters of humaneness versus justice in the mainstream debate and instead represented a lone voice advocating personal freedom. For the Zhuangists, the mainstream debate was intellectually banal, morally misguided, and politically dangerous. One critical overall context for these [End Page 475] philosophical endeavors is that they took place within an evolving understanding of Heaven and its relationship with humans.Loy Hui-chiehLet me begin with Loy Hui-chieh's comment on the book's methodology, laid out in the Introduction to my book, as it pertains to the broader norms of practices in contemporary analytic philosophy and Chinese philosophy. The purpose of the methodological reflection in the Introduction is to provide some tools in dealing with the challenges to Chinese philosophy from Sinology (historical and philological approaches to classical Chinese texts) and Western philosophy within Western academia. I argue that scholars of Chinese philosophy, situated between Sinology and Western philosophy in the West, need to be mindful of the constructed nature of the scholarly objects shaped by disciplinary norms and practices. Specifically, scholars of Chinese philosophy, in their philosophical endeavors, construct their scholarly objects based on the operative but often implicit ideas of inherited text, textual author, and textual intent, as opposed to Sinologists who are more motivated by their scholarly objects of original text, historical author, and authorial intent.Loy's comment frames my methodological reflections primarily through the lens of history of philosophy. There is another critical element in this endeavor, namely the philosophical lineage upon which the study of philosophy in the West has been built, conceptually and institutionally. With respect to history of philosophy, Loy's questions concern the presentist orientation in analytic philosophy and its relationship with history of philosophy. As he aptly points out, analytic philosophers are ultimately uninterested in the correct interpretation of who said what in the history of philosophy. Rather their interest lies in philosophical issues and problems themselves, irrespective of how/when/by whom those issues are formulated. Scholars in history of philosophy seek to convince analytic philosophers that the texts and the ideas they study should be recognized as good philosophy by contemporary standards, not just their historical values. The presentist bias is clear. Of course, we do not have to subscribe to such a norm since the present is not necessarily the be-all and end-all of everything philosophers are concerned with, or at least it should not be. Otherwise, our philosophical reflections, even those with the presentist concerns, would be significantly impoverished. As a profession, contemporary philosophers regularly draw upon history of ideas, especially from the Hellenistic and early modern European traditions, to frame their arguments and to seek new inspirations. Such a practice is heavily dependent on the... (shrink)

There is a contradiction in our ideas about moral responsibility. In one strand of our thinking, we believe that a person can become more blameworthy by luck. Consider some examples in order to make that idea concrete. Two reckless drivers manage their vehicles in the same way, and one but not the other kills a pedestrian. Two corrupt judges would each freely take a bribe if one were offered. By luck of the courthouse draw, only one judge is offered (...) a bribe, and so only one takes a bribe. Luck is the salient difference between the agents in each case. After all, the spatial location of the pedestrian is outside of each driver’s control, and being offered a bribe is outside of each judge’s control. But we blame the killer driver more than the merely reckless driver, and we blame the bribe-taker more than the mere would-be bribe-taker. This is because we believe that the killer driver and the bribe-taker are more blameworthy than each of their counterparts. Nevertheless, the idea that luck affects moral responsibility contradicts another feature of our thinking captured in this moral principle: A person’s blameworthiness cannot be affected by that which is not within her control. This moral principle yields the verdict that the drivers are equally blameworthy and that the judges are equally blameworthy. So, to put the contradiction in concrete terms, our thinking about moral responsibility implies that the drivers are and are not equally blameworthy, and the same is true for the judges. -/- I argue that only the first strand of our thinking is correct. Certain kinds of luck in results, circumstances, and character can partially determine a person’s praiseworthiness and blameworthiness. In terms of the examples, I argue that the killer driver and the bribe-taker are more blameworthy than each of their counterparts. But if I am to make genuine progress in the moral luck debate, my arguments cannot appeal to case intuitions such as ‘the killer driver is more blameworthy,’ because the problem of moral luck is fundamentally a clash of intuitions. So, I offer arguments from diverse areas in philosophy in order to ensure that they do not bottom out in standard pro-moral luck intuitions. (shrink)

This article argues that Fichte is correct in claiming, as he does in the Foundations of Natural Right, that a derivation of the law of right from the moral law is impossible because the former relies on lex permissiva. I focus on Kant’s deduction of the concept of merely intelligible possession in the Metaphysics of Morals precisely because Kant attempts what Fichte says is not possible. By illustrating the problems involved in the concept of the lex permissiva, one is (...) then in a position to see why Fichte believes the derivations mustremain separate and why Fichte stresses that the law of right must be argued for without reference to morality or the moral law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reply to My CriticsExperience Embodied: Early Modern Accounts of the Human Place in NatureAnik Waldow (bio)I would like to thank Dario Perinetti and Hynek Janoušek for their thoughtful comments and the time and effort they invested into my work. Their reflections drive attention to important questions and make helpful suggestions about how some of the arguments of the book can be further developed and clarified. In what follows, I (...) will first discuss the proposal to distinguish between a narrow and a broad sense of experience, then specify how I understand the connection between having a body and being able to engage in experiences. In this context, I will also discuss Janoušek’s suggestion to draw further distinctions between the different senses in which the concept of body relates to experience in Descartes and Hume. In the last section, I address the question of whether the focus on bodies risks undermining the claim that experience is intersubjectively constituted.1. Narrow versus Broad Concept of ExperienceDario Perinetti raises the worry that during the early modern period, and even before, the concept of experience was mainly used to discuss epistemological questions, and that therefore the Broad Experience Thesis fails. According to this thesis, it is reductive to think of experience in exclusively epistemological terms, since this ignores that many early modern writers approached questions about the benefits and dangers of experience from a wider moral perspective. This perspective, as I argue in [End Page 329] Experience Embodied, was concerned with the training of the mind’s intellectual and moral capacities, the role of pleasure and pain (and other affects) in epistemic and moral judgement, and, more generally, the question of how it is possible to be self-determined agents who do more than simply respond to the experiences they have.To support his claim, Perinetti cites the Historische Wörterbuch der Philosophie, Cauvin’s Lexicon Rationale sive Thesaurus Philosophicus, but also Aristotle, Bacon, and Hobbes. The approach I pursue in my book is based on the usage of the concept of experience by the authors examined (Descartes, Locke, Hume, Rousseau, Herder, Kant). I will turn to the analysis of this usage in a moment, but before this let me say a few words about dictionaries.It is in principle not surprising that a dictionary like the Historische Wörterbuch der Philosophie—and its discussion of Aristotle, Bacon, and Hobbes—supports the traditional approach to experience as a centrally epistemological concept. Its entry on “experience” revolves around the idea that philosophers are either empiricists or rationalists.1 Yet it is precisely the establishment of this distinction that has substantially contributed to promoting a reductive concept of experience. After all, rationalism and empiricism are labels typically used to describe competing epistemological positions.2 It is also worth noting that the dictionary’s entry is from the 1970s. Because of this, it operates with a picture of the history of philosophy that has long been challenged by studies that show that there is far more to early modern philosophy than the standard works of some selected canonical figures.3 When dealing with Locke, the entry for instance exclusively focuses on An Essay Concerning Human Understanding and does not even mention that experience is a key concept in Some Thoughts Concerning Education.The rather short and general entry on experience in Chauvin’s Lexicon Philosophicum (1692) is not very telling either—at least not if treated in isolation from other dictionaries and encyclopedias of the period, such as D’Alembert and Diderot’s Encylopédie: a tremendously influential work, that, according to its editors, is in itself committed to the Baconian method.4 And here César Chesneau Du Marsais’s entry on experience straightforwardly highlights the moral dimension of the knowledge acquired through experience:Experience, abstract term, commonly means the knowledge acquired through a long life, combined with the reflections made on what one has seen, and on the good and bad that has happened to us. In this sense, reading history is a highly profitable way of gaining experience; it tells us of events, and shows us the good or bad repercussions and consequences of these events.5The... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 10.1 (2003) 33-35 [Access article in PDF] In the Spirit of Giving Uptake Nancy Nyquist Potter IT IS BOTH WONDERFUL and daunting to now be in the middle of a dialogical exchange on the messy and difficult topic of self-injury and how ethically to interact with patients who self-injure. It is wonderful that authors such as Carolyn Sargent have contributed very helpful examples from the (...) discipline of anthropology that expand the ideas I have been grappling with. And it is daunting to begin to sharpen and correct my thoughts along the lines that the commentators suggest. In the spirit of giving uptake both to the praise and the criticism I have received, I first situate the "Commodity/Body/Sign" article in the context of my larger project and then focus on one problem area: my claim that giving uptake is necessary to ethical healing practices. Giving Too Much Uptake to the Dsm Rob Woolfolk is right that borderline is diagnostically imprecise. But what initially caught my interest in this personality disorder was its pejorative connotations. I will mention my favorite example, which comes from a past chairman of the psychiatry department at New York University that "borderliners are the patients you think of as PIAs—pains in the ass," (Medical World News 1983). Why are the patients who exhibit the behaviors associated with borderline personality disorder (BPD) so disliked, I wondered? Who are these patients, and what are they doing that brings upon themselves such rejection? My investigation, in other words, has been focused on behaviors and their meanings, using a philosophical lens to examine underlying assumptions. I completely agree with Woolfolk and Carolyn Sargent that much more analysis needs to be done on BPD, and I am eager to do it. It is true that I do not take up larger questions about the gendered nature of this diagnosis in general (Sargent, Woolfolk), nor do I challenge the validity of the diagnosis in this article (Woolfolk). In my view, that larger project must be held in abeyance until more philosophical probing on a number of other issues is done. Hopefully, my book-length project will benefit from continuing guidance from these authors.I focus first on self-injury for two reasons. First, it is the most common symptom for which people with BPD come to clinical attention (Gunderson 2001, 22). Second, of all the behaviors associated with BPD, self-injurious behavior is the kind that people most tend to dig in their heels about when its status as pathological is questioned. Gunderson cautions that "because the diagnosis of BPD underscores a serious, long-standing mental health problem, the diagnosis should not be offered too readily to anyone who cuts or otherwise self-mutilates" (2001, 23). I add to that caution that we ought not too readily assume that self-injury is pathological: Lynne Cox (2003) swam to the Antarctic Peninsula in water temperatures of 32° Fahrenheit and with 25 foot waves; she suffered nerve damage and numbness in her extremities. Self-injurious behavior? [End Page 33] Pathological? Cox trained for two years to accomplish this feat. In problematizing self-injury, I raise questions about some associations and assumptions we make. Calling into question the whole taxonomy requires looking at symptoms, behaviors, and criteria as a whole, and that cannot be done until systematic analysis of concepts such as self-injury, impulsivity, identity disturbance, and manipulativity are undertaken. To put things in terms of Woolfolk's reasonable criticism that he wishes I would "give less uptake to the framers of the DSM-IV," I appreciate that point. But I do think that those of us who are not ourselves clinicians must do our research carefully and proceed conservatively rather than attempting to tear a house down that may not need to be condemned. Methods and Morals Woolfolk says that the concept of uptake is "familiar and central" to therapy; Katherine Morris says it is "simple and uncontroversial"; Sargent says it is "unexceptionable"; and Christa Krüger says it may be "very difficult if not more or less doomed... (shrink)

Flanagan (1991) was the first contemporary philosopher to suggest that a modularity of morals hypothesis (MMH) was worth consideration by cognitive science. There is now a serious empirically informed proposal that moral competence is best explained in terms of moral modules-evolutionarily ancient, fast-acting, automatic reactions to particular sociomoral experiences (Haidt & Joseph, 2007). MMH fleshes out an idea nascent in Aristotle, Mencius, and Darwin. We discuss the evidence for MMH, specifically an ancient version, “Mencian Moral Modularity,” which (...) claims four innate modules, and “Social Intuitionist Modularity,” which claims five innate modules. We compare these two moral modularity models, discuss whether the postulated modules are best conceived as perceptual/Fodorian or emotional/Darwinian, and consider whether assuming MMH true has any normative ethical consequences whatsoever. The discussion of MMH reconnects cognitive science with normative ethics in a way that involves the reassertion of the “is-ought” problem. We explain in a new way what this problem is and why it would not yield. The reason does not involve the logic of “ought,” but rather the plasticity of human nature and the realistic options to “grow” and “do” human nature in multifarious legitimate ways. (shrink)

Michael Huemer argues that cross-cultural convergence toward liberal moral values is evidence of objective moral progress, and by extension, evidence for moral realism. Nathan Cofnas claims to debunk Huemer’s argument by contending that convergence toward liberal moral values can be better explained by ‘two related non-truth-tracking processes’: self-interest and its long-term tendency to result in social conditions conducive to greater empathy. This article argues that although Cofnas successfully debunks Huemer’s convergence argument for one influential (...) form of moral realism – Robust Moral Realism, which holds that moral facts are non-natural, stance-independent normative facts – Cofnas’s debunking argument broadly supports a second type of moral realism: Enlightened Self-Interest Realism, the view that moral facts are reducible to stance-dependent requirements of instrumental (‘means-end’) rationality. Finally, this article argues that insofar as different Enlightened Self-Interest Realist theories make specific predictions about the intra- and inter-personal mechanisms behind moral convergence toward liberalism, empirical observations of cross-cultural convergence can provide independent support for Enlightened Self-Interest Realism. I conclude that this is an important mark in favor of Enlightened Self-Interest Realism over Robust Moral Realism. (shrink)

This two-volume work provides a new understanding of Western subjectivity as theorized in the Augustinian Rule. A theopolitical synthesis of Antiquity, the Rule is a humble, yet extremely influential example of subjectivity production. In these volumes, Jodra argues that the Classical and Late-Ancient communitarian practices along the Mediterranean provide historical proof of a worldview in which the self and the other are not disjunctive components, but mutually inclusive forces. The Augustinian Rule is a culmination of this process and also the (...) beginning of something new: The paradigm of the monastic self as protagonist of the new, medieval worldview. Three main theoretical challenges leading to, and present in the Rule are tackled: What are the sources of our modern understanding of subjectivity? Can Ancient sources provide an alternative genealogy that resists the individualistic turn of Modernity? And can the commons be saved without suppressing individuality? Jodra seeks to prove that the synthesis-which is also an appropriation-of Greek and Judaic sources carried out by the first Christians allowed for two contrasting models of subjectivity, the self-less and the other-less, to 'take turns' to dominate our understanding of human nature. The Greek world provided the political dimension and the Jewish world established the key theological principles of a Mediterranean synthesis which took place in Rome. Coherently and progressively, Jodra emphasizes the theopolitical nature of our worldview even today, and claim that the subject of the primitive Church is its most visible incarnation. These volumes therefore restore the unity of the Hellenistic and Judaic world as found by the first Christians, proving that the self and the other are two essential pieces in the construction of our world. (shrink)

The article examines the role of natural kinds in semantic theorizing, which has largely been conducted in isolation from relevant work in science, metaphysics, and philosophy of science. We argue that the Kripke–Putnam account of natural kind terms, despite recent claims to the contrary, depends on a certain metaphysics of natural kinds; that the metaphysics usually assumed—micro-essentialism—is untenable even in a ‘placeholder’ version; and that the currently popular homeostatic property cluster theory of natural kinds is correct only to an (...) extent that fails to vindicate the Kripke–Putnam account. This undermines the metasemantics required for anti-descriptivist semantics. _1_ Introduction _2_ From Semantics to Metaphysics _3_ Metaphysics, Part I: The Demise of Micro-essentialism _3.1_ Original micro-essentialism _3.2_ Placeholder essentialism _4_ Metaphysics, Part II: Homeostatic Property Cluster Theory _5_ Prospects for Natural Kind Term Semantics. (shrink)

The subject-matter of this essay is the moral status of nature. This subject is dealt with in terms of normative reasons. The main question is if there are direct normative reasons to care for nature in addition to the numerous indirect normative reasons that there are for doing so. Roughly, if there is some such reason, and that reason applies to any moral agent, then nature has direct moral status as I use the phrase. I develop the (...) notions of direct normative reason and direct moral status in detail and identify and discuss the two main types of theory according to which nature has direct moral status: analogy-based nature-considerism (AN) and non-analogy-based nature-considerism (NN). I argue for the plausibility of a particular version of the latter, but against the plausibility of any version of the former. -/- The theory that is representative of AN claims that nature has direct moral status in virtue of possessing interests. Proponents of this theory fail to show (i) that nature has interests of the kind that they reasonably want to ascribe to it, and (ii) that interests of this kind are morally significant. In contrast to AN, NN comes in a variety of different forms. I elaborate a version of NN according to which there are direct normative reasons to care for nature in virtue of (i) its unique complexity, and (ii) its indispensability (to all moral agents). I argue that even if these reasons should turn out not to apply to any moral agent, they are still genuine direct normative reasons: there is nothing irrational or misdirected about them. -/- Finally, I show how the question of whether there are direct normative reasons to care for nature is relevant to private and political decision-making concerning nature. This is exemplified with a case from the Swedish mountain region. (shrink)

The subject-matter of this essay is the moral status of nature. This subject is dealt with in terms of normative reasons. The main question is if there are direct normative reasons to care for nature in addition to the numerous indirect normative reasons that there are for doing so. Roughly, if there is some such reason, and that reason applies to any moral agent, then nature has direct moral status as I use the phrase. I develop the (...) notions of direct normative reason and direct moral status in detail and identify and discuss the two main types of theory according to which nature has direct moral status: analogy-based nature-considerism and non-analogy-based nature-considerism. I argue for the plausibility of a particular version of the latter, but against the plausibility of any version of the former. The theory that is representative of AN claims that nature has direct moral status in virtue of possessing interests. Proponents of this theory fail to show that nature has interests of the kind that they reasonably want to ascribe to it, and that interests of this kind are morally significant. In contrast to AN, NN comes in a variety of different forms. I elaborate a version of NN according to which there are direct normative reasons to care for nature in virtue of its unique complexity, and its indispensability. I argue that even if these reasons should turn out not to apply to any moral agent, they are still genuine direct normative reasons: there is nothing irrational or misdirected about them. Finally, I show how the question of whether there are direct normative reasons to care for nature is relevant to private and political decision-making concerning nature. This is exemplified with a case from the Swedish mountain region. (shrink)

By what steps, historically, did morality emerge? Our remote ancestors evolved into social animals. Sociality requires, among other things, restraints on disruptive sexual, hostile, aggressive, vengeful, and acquisitive behavior. Since we are innately social and not social by convention, we can assume the biological evolution of the emotional equipment – numerous predispositions to want, fear, feel anxious or secure – required for social living, just as we can assume cultural evolution of various means to control antisocial behavior and reinforce the (...) prosocial kind. Small clans consisting, say, of several extended families whose members cooperated in hunting, gathering, defense, and child-rearing could not exist without a combination of innate and social restraints on individual behavior. I shall argue for a naturalistic theory of morality, by which I do not mean the definitional claims G.E. Moore sought to refute, but a broader and more complex theory that maintains that a sufficient understanding of human nature, history, and culture can fully explain morality; that nothing is left hanging. A theory that coherently brings together the needed biological, psychological, and cultural facts I shall call a philosophical anthropology; it is a theory that: 1) takes the good for humans – both an ultimate good and other important goods – to depend on human nature; 2) argues that a rudimentary but improving scientific and philosophical theory of human nature now exists, and thus denies that people are “essenceless”; 3) takes this theory to be evolutionary and historical, making the question “How did morality originate?” pivotal for ethical theory, but leaves open the empirical question of the relative importance of biological and cultural evolution; and 4) takes the origin of the moral ideas to be explainable in terms of human nature and history. (shrink)

By what steps, historically, did morality emerge? Our remote ancestors evolved into social animals. Sociality requires, among other things, restraints on disruptive sexual, hostile, aggressive, vengeful, and acquisitive behavior. Since we are innately social and not social by convention, we can assume the biological evolution of the emotional equipment – numerous predispositions to want, fear, feel anxious or secure – required for social living, just as we can assume cultural evolution of various means to control antisocial behavior and reinforce the (...) prosocial kind. Small clans consisting, say, of several extended families whose members cooperated in hunting, gathering, defense, and child-rearing could not exist without a combination of innate and social restraints on individual behavior. I shall argue for a naturalistic theory of morality, by which I do not mean the definitional claims G.E. Moore sought to refute, but a broader and more complex theory that maintains that a sufficient understanding of human nature, history, and culture can fully explain morality; that nothing is left hanging. A theory that coherently brings together the needed biological, psychological, and cultural facts I shall call a philosophical anthropology; it is a theory that: 1) takes the good for humans – both an ultimate good and other important goods – to depend on human nature; 2) argues that a rudimentary but improving scientific and philosophical theory of human nature now exists, and thus denies that people are “essenceless”; 3) takes this theory to be evolutionary and historical, making the question “How did morality originate?” pivotal for ethical theory, but leaves open the empirical question of the relative importance of biological and cultural evolution; and 4) takes the origin of the moral ideas to be explainable in terms of human nature and history. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Virtues of Animals in Seventeenth-Century ThoughtPeter HarrisonDiscussions about animals—their purpose, their minds or souls, their interior operations, our duties towards them—have always played a role in human self-understanding. At no time, however, except perhaps our own, have such concerns sparked the magnitude of debate which took place during the course of the seventeenth century. The agenda had been set in the late 1500s by Montaigne, who had made (...) the remarkable (if somewhat rhetorical) claim that animals were both moral and rational, and moreover, more moral and rational than humans. In the century which followed, Descartes, not to be outdone, put forward the even more contentious counter-proposal that animals were not only neither rational nor moral, but that they were not even conscious. The Cartesian hypothesis fueled a debate which continued until well into the eighteenth century. 1 While in recent years much attention has been given to issues of animal consciousness and cognition in seventeenth-century thought, the related question of the moral capabilities of animals has been by comparison neglected. In this paper I shall explore the converse side of the better known arguments about the rational capabilities of the beasts, focusing on seventeenth-century discussions concerning the behaviors and passions of the beasts and the extent to which animals were thought to participate in the moral universe of human beings.I. During the first sixteen hundred years of the common era, those thinkers who directed their attention to the natural world had tended to be preoccupied neither with questions of how animals came into being nor with the direct [End Page 463] causes of their various operations but rather with the question of why they existed at all. Almost without exception responses to this question were variations on a single theme: animals had been placed in the world to provide for the physical needs of human beings. 2 While this response proved to be satisfactory in general terms, there were acknowledged deficiencies. Many living things seemed to have been rather extravagantly designed for their putative purpose. Others seemed blatantly to contradict it. Why were our meat supplies, for example, not more conveniently presented, like the fabled Scythian lamb which grew on a tree? Why was it that a significant number of creatures appeared to be useless or even downright harmful to those whom they were designed to serve? And why, finally, were human beings created such that they were dependent upon lesser creatures for their survival?Responses to these difficulties generally took one of three forms, each of which was influential throughout the Middle Ages and beyond. First, it could be asserted that as a result of the Fall, human beings had forfeited their dominion over the creatures, many of which now served as instruments for their punishment and correction. Augustine observed that “there are many things, such as fire, frost, wild beasts and so forth, which do not suit but injure this thin-blooded and frail mortality of our flesh, which is at present under just punishment.” 3 In the seventeenth century this view still attracted many supporters. Thus Godfrey Goodman, in The Fall of Man (1616), wrote that “all the creatures, forsaking their first and naturall use, did serve for mans punishment, and rebelled against him.” 4Second, an appeal could be made to the Platonic principle of plenitude and the related idea of the chain of being. The principle of plenitude taught that more is better and that variety is preferable to uniformity. God, wrote the third-century Christian apologist Lactantius, “wished to display His providence and power by a wonderful variety of many things.” 5 It followed that all existing things could be ranged in a vast scale from non-existence to God himself, with each link in the chain separated from its neighbor by a small difference. Again, this view found many adherents in the early modern period. Thomas Robinson declared that “it was necessary that there shou’d be a variety of Natures, and [End Page 464] different Degrees of Life and Perfection.” Thus “every Creature even of the lowest Degree of Life, is Good and Perfect in its Kind.” 6 Important for our... (shrink)

The Reading Augustine series presents short, engaging books offering personal readings of St. Augustine of Hippo's contributions to western philosophical, literary, and religious life. This two-volume work provides a new understanding of Western subjectivity as theorized in the Augustinian Rule. A theopolitical synthesis of Antiquity, the Rule is a humble, yet extremely influential example of subjectivity production. In these volumes, Jodra argues that the Classical and Late-Ancient communitarian practices along the Mediterranean provide historical proof of a worldview in which the (...) self and the other are not disjunctive components, but mutually inclusive forces. The Augustinian Rule is a culmination of this process and also the beginning of something new: The paradigm of the monastic self as protagonist of the new, medieval worldview. Three main theoretical challenges leading to, and present in the Rule are tackled: What are the sources of our modern understanding of subjectivity? Can Ancient sources provide an alternative genealogy that resists the individualistic turn of Modernity? And can the commons be saved without suppressing individuality? Jodra seeks to prove that the synthesis-which is also an appropriation-of Greek and Judaic sources carried out by the first Christians allowed for two contrasting models of subjectivity, the self-less and the other-less, to 'take turns' to dominate our understanding of human nature. The Greek world provided the political dimension and the Jewish world established the key theological principles of a Mediterranean synthesis which took place in Rome. Coherently and progressively, Jodra emphasizes the theopolitical nature of our worldview even today, and claim that the subject of the primitive Church is its most visible incarnation. These volumes therefore restore the unity of the Hellenistic and Judaic world as found by the first Christians, proving that the self and the other are two essential pieces in the construction of our world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“Listening to Reason”:The Role of Persuasion in Aristotle’s Account of Praise, Blame, and the VoluntaryAllen SpeightAristotle connects praise and blame closely to the voluntary, but the question of how his discussion of these terms should be construed more broadly in the context of a theory of responsibility has been much disputed. There are some well-known difficulties with the coherence of Aristotle's views in this regard: animals and children, for (...) example, are said to be voluntary agents, but are not held to be responsible;1 moreover, praise and blame seem to be important for what might be thought to be incompatible purposes—on the one hand, for behavioral improvement and correction (a usually prospective concern) and, on the other hand, for assessment of moral responsibility in terms of what an agent merits or deserves for what he or she has done (a retrospective concern).2One of Aristotle's first examples of the use of praise and blame in the Nicomachean Ethics captures some of the difficulty commentators have found in trying to understand his position. In drawing an analogy to illustrate the difference between parts of the soul, Aristotle comments that "in morally strong and morally weak men we praise (epainoumen) the reason that guides them and the rational element of the soul, because it exhorts them to follow the right path and to do what is best" (NE 1102b13-15). There is, he thus claims, an appetitive part of the soul thatpartakes of reason insofar as it complies with reason and accepts its leadership (hē(i) katēkoon estin autou kai peitharchikon); it possesses reason in the sense that we say it is "reasonable" to accept the advice of a father and of friends, not in the sense that we have a "rational" understanding of mathematical propositions. That the irrational element can be persuaded (peithetai) by the rational is shown by the fact that admonition (nouthetēsis) and all manner of rebuke (epitimēsis) and exhortation (paraklēsis) are possible. If it is correct to say that the appetitive part, too, has reason, it follows that the rational element of the soul has two subdivisions: the one possesses reason in the [End Page 213] strict sense, contained within itself, and the other possesses reason in the sense that it listens to reason as one would listen to a father.(NE 1102b31-1103a)I will argue that this image of listening and persuasion is more significant for Aristotle's conceptions of voluntariness and responsibility than is often thought. The image suggests not only that Aristotle is interested in both prospective moral education and retrospective assessments of responsibility, but that a crucial (and, in the literature to this point, quite neglected) term that he offers as a gloss for understanding his conception of the voluntary—the notion of peithō or persuasion—is in fact central to his employment of the categories of praise and blame in both prospective and retrospective senses. Aristotle's use of the concept of persuasion is not merely a casual gloss, but gives him instead an unusually helpful category for understanding the range of types of action within his philosophy of agency and how they fit within the larger scheme of parts of the soul in the Ethics and the distinctions among actions that stem from virtue, vice, moral weakness, and moral strength.In what follows, I will first examine how Aristotle uses peithō to explain the related notions of the voluntary (as to hekousion is usually translated) and the noncompulsory in the Nicomachean Ethics, III.5, and the Eudemian Ethics, II.8. I will then explore how Aristotle appeals to peithō and its cognates to address one of the most vexing problems his theory of voluntary agency must work out—the problem of akrasia and enkrateia (moral weakness and moral strength)—and, next, more widely how these related concepts become relevant for his account of the parts of the soul and gradations of action.I. Persuasion and the Voluntary (EE II.8 and NE III.5)Aristotle appears to link closely the notions of voluntariness (to hekousion)and persuasion (hē peithō).Bonitz's Index takes the two terms straightforwardly... (shrink)

In the first part of the article, an account of moral judgment in terms of emotional dispositions is given. This account provides an expressivist explanation of three important features of moral demands: inescapability, authority independence and meriting. In the second part of the article, some ideas initially put forward by Christopher Boehm are developed and modified in order to provide a hypothesis about the evolution of the ability to token moral judgments. This hypothesis makes evolutionary sense of (...) inescapability, authority independence and meriting. It does so by referring to the selection pressures generated in the Late Pleistocene by large-game hunting. If the hypothesis is correct, we can say that, in a sense, meat made us moral. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Humaneness and Justice in the Analects:On Tao Jiang's Origins of Moral-Political Philosophy in Early ChinaHagop Sarkissian (bio)IntroductionOne of the central themes of Tao Jiang's Origins of Moral-Political Philosophy in Early China is the contestation of the values of partialist humaneness and impartialist justice across diverse thinkers and texts throughout the classical period. His departure point is the Analects, which displays a keen awareness of the difficulties in (...) balancing these opposing values. Jiang's analysis of this dynamic is skillful, filled with Sinological detail and philosophical analysis.Here, I hope to add to Jiang's discussion, focusing on two broad points. First, I suggest two different interpretations of Jiang's analysis of ren 仁 as preference for kin in the Analects, and argue that one of these interpretations is more successful than the other. Second, I argue that aligning humaneness with partiality on the one hand, and justice with impartiality on the other, may obscure some of the Analect's views on these topics, even while illuminating others. In particular, I try to argue that justice cannot be understood as consisting of impartiality alone.Humaneness and JusticeJiang provides "thin or baseline definitions" of the key values of humaneness and justice so as to "schematize … competing normative values operative in the moral-political project during the classical period while … leaving room for variations on these broad underlying values among different inherited texts and the thinkers they are attributed to" (p. 35). They are as follows:[H]umaneness is understood in this book as the … natural inclination to be partial toward those who are close to us, especially our family/kin members; justice is defined here as … our exercise of impartial judgment on the merits of persons and states of affairs, especially in lieu of articulated and publicized standards and codes, irrespective of their relations to us. In other words, humaneness is partialist in nature, whereas justice is impartialist. Humaneness is understood in relational terms, whereas justice is non-relational by contrast. More importantly, precisely because of the relational nature of humaneness, [End Page 429] agent and recipient cannot be switched or substituted, whereas in justice agent and recipient are switchable and substitutable.This framework is fruitful, allowing Jiang to draw connections across texts and thinkers, highlighting aspects of the debates that too often remain hidden from view. His detailed analyses of concepts such as xiao (filial piety), jianai (impartial care), fa (objective standards), tian (Heaven), and shu (conscientious perspective taking) show how they relate to these overarching values. The schematization works, and the book repays careful reading.There are also points, however, where the alignment of humaneness with partiality on the one hand, and justice with impartiality on the other, can lead those familiar with these texts to wonder whether the presentation has, as a result, oversimplified some complex issues. I discuss two of these in what follows.Ren and PartialityJiang claims that the concept of ren in the Analects has two components or elements to it. As he puts it,[T]he way ren is articulated by Confucius, it contains both a partialist element favoring one's family and an impartialist element when dealing with others. … To put it in terms of the central terminologies employed in this book, ren in the Analects is a comprehensive category that contains the elements of both humaneness and justice.Jiang 2021, p. 53)Jiang's analysis of ren in terms of impartiality is compelling, so I will focus on the other half of the analysis—specifically, the claim that the concept of ren itself is partialistic (or, more accurately, has a notable partialist element). This claim may surprise some readers. For example, ren has often been contrasted with the partialistic xiao (filial piety) as the more impartial, public-facing virtue in Confucianism. Indeed, this contrast has been the focus of a strenuous and strident debate in Confucian ethics in modern times (see, e.g., Guo 2007; Guo 2004; Liu 2003), and has a pedigree going at least as far back as the Hou Hanshu (Chan 2004). However, such debates span multiple texts and thinkers in the Confucian tradition. We can still ask the more pointed... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to David Carr, “The Significance of Music for the Promotion of Moral and Spiritual Value”Iris M. YobDavid Carr has addressed a question that has been lurking in philosophical literature for centuries and, I might add, in our collective intuition as well: Just what is the connection between music and the moral and spiritual life? And as we have come to expect from his work, he (...) brings a new perspective to this perennial question in his answer. First he traces a line of thinking since Plato about music and the ordering of the soul, he touches on the role of music and the other arts in exploring the complexities of the moral imperative as it is lived out in human lives, and returns at the end to give a new take on the old Platonic idea of ordering of the soul. Just maybe, he suggests, the detachment, however temporary, "from the trials and tribulations that beset us in the day to day rough and tumble of human practical affairs" "in the interests of some more balanced perspective" on spiritual and moral matters "might be easier to achieve in the contemplation and appreciation of great works of 'music alone.'"This conclusion does not lay claim to more than what is perfectly reasonable. Allowing oneself to be immersed in a great work of music or art or architecture or dance may very well provide that distance from every day life where one might [End Page 209] re-center and refocus, refresh and renew one's outlook on the world. Such an engagement with an artwork can interrupt the patterns of thinking and acting that might have become increasingly thoughtless and ego-centric. It can be a re-creation in the true sense of the word. Paul Tillich, one of the great twentieth century religious philosophers, tells of an experience he had during the First World War where he served as a chaplain in the German army. On a brief leave from the front he visited Kaiser Friedrich Museum in Berlin and stood entranced before Botticelli's "Madonna and Child with Singing Angels." The moment was spiritually transformative, he tells us, lifting his spirits beyond the mud and grime of the battlefield to contemplate life and meaning on a different plane altogether. The experience enabled him to return to duty with renewed inner strength and calm.1 I believe this is a rather powerful and compelling example of what Carr is talking about.In coming to his conclusion, Carr is relying on the particularly difficult case of "music alone," that is, music that does not have words, title, or any other kind of representative function. In other words his argument does not depend on any didactic nature or morally or spiritually directive intent of the music. Rather, it is centered on music that ostensibly is not about anything. This is musical sound composed and performed for the appreciation of what it is in itself. And yet, in providing distance from the every day world, according to Carr, it can give expression to "realms of spiritual experience that lie beyond the sensual and empirical." Here we enter the world of the metaphorical and symbolic, what Rudolf Otto would call the "irrational" or "superrational," or the realm of the Holy. While Carr does not state this explicitly I would go so far as to say that this realm of the wordless and sacred is where the spiritual and the moral are grounded and from where they draw their power.Against this background, I would like to ask how does "music alone," in the sense intended by Carr and Peter Kivy from whom he borrowed the term bring about this effect? We are unable now to ask Tillich what it was that gave the Botticelli its impact for him, but it is curious that what it did for him it most likely did not do for all the other soldiers from the front who happened upon it the way he did. Tillich would most likely explain its effect by resorting to his theory of symbols, because after all this painting does have a literal meaning that might very well have inspired him. But... (shrink)

Suppose you believe you’re morally required to φ‎ but that it’s not a big deal; and yet you think it might be deeply morally wrong to φ‎. You are in a state of moral uncertainty, holding high credence in one moral view of your situation, while having a small credence in a radically opposing moral view. A natural thought is that in such a case you should not φ‎, because φ‎ing would be too morally risky. The author (...) argues that this natural thought is misguided. If φ‎ing is in fact morally required, then you should φ‎, and this is so even taking into account your moral uncertainty. The author argues that if the natural thought were correct, then being caught in the grip of a false moral view would be exculpatory: people who do morally wrong things thinking they are acting morally rightly would be blameless. But being caught in the grip of a false moral view is not exculpatory. So the natural thought is false. The author develops the claim that you should act as morality actually requires as a candidate answer to the question “how should one act in the face of moral uncertainty?” This answer has been dismissed in discussion up to this point. The author argues that not only is this answer a serious contender; it is the correct answer. (shrink)

In Defense of Religious Liberty contains David Novak’s vigorous—and paradoxical—argument that the primacy of divine law is the best foundation for a secular, multicultural democracy. Novak presents his claim, which will astound both liberal and conservative advocates of democracy, in political, philosophical, and theological terms. He shows how the universal norms of divine law are knowable as natural law, that they are the best formulations of the human rights of life, liberty, and the pursuit of happiness, and that their assertion (...) includes an explicit recognition of God as cosmic lawgiver. Furthermore, Novak maintains that the seemingly disparate ideas of divine command, natural law, and human rights can be integrated into one overall political theory. Novak reveals this integration at work in the classical texts of his own Jewish tradition, as well as in the canonical philosophical tradition of the West, from Plato to the Stoics to Grotius to Kant. He also convincingly makes the case that those who reject any legitimate role for religion in discussions of public morality inevitably substitute arbitrary human power for divine command, arbitrary positive law for natural law, and arbitrary governmental entitlements for human rights that exist prior to the establishment of the state. Novak concludes that religious traditions like Judaism, precisely because they incorporate the doctrines of God the cosmic lawgiver, natural law, and human rights, provide the most coherent ontological foundation for democracy in today’s world. (shrink)

Some of the most relevant problems today both in Science and practical problems involves Coupled Socio-ecological Systems, which are some of the best examples of Complex Systems. In this work we discuss groundwater-management as an example of these Coupled Socio-ecological System, also known as Coupled Human and Natural Systems. We argue that it is possible and even necessary to construct a contextual statistical theory of groundwater management. Contextuality implies some very different statistical features as entanglement and complementarity. We discuss some (...) interpretation about statistical entanglement and statistical complementarity in terms of groundwater flow theory and extraction equation. To this end, we propose a non-Kolmogorobian approach following the Växjö school of thought. One of the most straightforward conclusions is that in this way, a statistical-contextual treatment of groundwater management may not only give place to new flow equations, but it could have a profound impact in resource management. Then the new basic unity of analysis should be the indivisible pair. We should not talk any more about aquifer dynamics or resource management plans by themselves. Physical and social systems are coupled in a statistical-contextual fundamental way, and a socio-hydrogeological theory should be developed. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

This article offers an overview of the difficulties in Robert Alexy’s idea of law’s “claim to correctness.” The inquiry takes us deep into the nature of simple communication, back out to what it means to have a theory about the nature of law, and also in the direction of wondering about the interaction of legal theory and practical reasoning—reasoning about how we should best act. The article offers reasons to question whether law in fact makes claims, at least (...) in any straightforward sense. Even if one brackets that matter, there are reasons to raise doubts about what is in fact implicit in the act of lawmaking. At one level, an act of lawmaking does implicitly assert the authority to act in that way. Whether it also implies that the content of the action is morally good, or at least not clearly morally bad, is, at a minimum, a harder question. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas and the Infused Moral Virtues by Angela McKay KnobelThomas M. Osborne Jr.KNOBEL, Angela McKay. Aquinas and the Infused Moral Virtues. Notre Dame, Ind.: University of Notre Dame Press, 2021. 214 pp. Cloth, $65.00This book is the first substantial English monograph on Aquinas's account of the infused virtues in many years, and the most significant treatment of the issue since Gabriel Bullet, Vertus morales infuses et (...) vertus morales acquises selon Saint Thomas d'Aquin (Fribourg: Éditions Universitaires, 1958). The infused virtues are about, or they are intrinsically ordered to, the supernatural end of human beings. Aquinas was among the first to argue that the infused virtues include not only the three theological virtues of faith, hope, and charity, but also supernatural counterparts to the acquired virtues, which are proportionate to the natural end of humans. These infused moral virtues are infused with charity and lost with mortal sin. Aquinas never addressed at length the relationship between acquired [End Page 144] and infused moral virtues, and many theologians rejected Aquinas's position that there are infused moral virtues.Knobel's book has two parts. The first part of the book consists of three chapters about Aquinas's own views. Chapter 1 is on natural virtue, which can be acquired through the agent's own efforts. Knobel emphasizes the way in which this virtue is proportionate to the natural end and abilities of humans. She correctly notes that Aquinas thinks that humans can perform such virtuous acts without grace. However, since she does not distinguish between morally good acts and morally good agents, she does not adequately address Aquinas's view of how sinners without grace might possess acquired virtue. Additionally, although she correctly notes the way in which moral virtue orders the agent to the end, it is often unclear whether she is discussing the proximate end of the will (which is an object), a further end (as when someone steals to commit adultery), or the ultimate end (which is God as the object of charity or the self as an object of disordered love). For example, she writes, "[I]f an act is not sinful, it cannot be ordered to an evil end." She might be making the uncontroversial claim that good acts are made evil when directed to a bad end, but in her argument she seems to be making the stronger claim that someone with a disordered ultimate end cannot habitually order good acts to such an end.Chapter 2 is on the infused virtues. Knobel notes that for Aquinas synderesis, which is a habit of grasping first practical principles, is a seed of the natural virtues, and that faith, which grasps revealed principles, plays this role in infused virtue. She shows how infused moral virtues, which share the same matter as the acquired moral virtues, have different ends and rules than the acquired virtues. Chapter 3 concerns Aquinas's account of the relationship between the acquired and infused virtues, and in particular the infused moral virtues. Knobel draws attention to texts in which Aquinas argues that the two coexist in someone who has grace, but she states that this coexistence is contradicted in the discussion of Macrobius's fourfold division of virtue in the Summa Theologiae (I-II, q. 61, a. 5). In this article, she thinks, acquired virtue is political virtue, and a stage toward infused virtue. She does not address how Aquinas uses the term "political virtue" differently in different texts, and how the schema of four virtues in this text might be read as describing both four stages of acquired virtue and four stages of infused virtue. Knobel supports her view—that those with grace lack acquired virtue—by claiming that Aquinas consistently states that there is no acquired virtue in heaven. This view only tenuously (at best) supports her point that acquired virtue does not exist in this life among those in a state of grace. Moreover, Aquinas seems to suggest that acquired virtue persists in the next life in ST I-II, q. 67, a. 1-2.The second part of the book is a criticism of contemporary interpretations of Aquinas, and an exposition of... (shrink)

This doctoral thesis analyzes the systematic role of Kant’s conception of happiness in his moral, legal and political theory. Although many of his conclusions and arguments are directly or indirectly influenced by his conception of human happiness, Kant’s underlying assumptions are rarely overtly discussed or given much detail in his works. Kant also provides different and apparently incompatible definitions of happiness. This research explores the domains of Kant’s practical philosophy in which his conception of happiness plays a systematic role: (...) the relation between the natural need of human beings to pursue happiness and the ends-oriented structure of the human will; Kant’s anti-eudaimonism in ethical theory; Kant’s claim that we have an indirect duty to promote our own happiness and the problem that under certain circumstances, the indeterminacy of happiness makes it not irrational to choose short term satisfaction at the costs of one’s overall, long term happiness, given Kant’s conception of non-moral choice as expectation of pleasure; Kant’s justification of the duty to adopt the happiness of others as our ends and the latitude and eventual demandingness of this duty; finally, since Kant also subsumes subsistence needs and welfare under the concept of happiness of individuals, I also engage with the question of state provision for the poor in the Kantian Rechtsstaat and explore Kant’s conception of equity or fairness as an alternative to the traditional minimalist and the welfare interpretations of the Kantian state. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Nietzsche’s Life Sentence: Coming to Terms with Eternal RecurrenceAnthony K. JensenLawrence J. Hatab. Nietzsche’s Life Sentence: Coming to Terms with Eternal Recurrence. New York-London: Routledge, 2005. Pp. xix + 191. Paper, $24.95.In his latest book, Lawrence Hatab brings together several threads from his previous writing into an elegant expression that examines a wide range of Nietzsche's thought through the single prism of his notoriously obscure conception of "Eternal (...) Recurrence." The opening chapters establish the affirmation of becoming and the "tragic" view of the world (which Nietzsche had already articulated in his earliest book) as central to the entire spectrum of his writing. Chronological shifts in Nietzsche's expression away from this tragic outlook are not suggestive of stringently exclusive temporal periods in his thought but, in themselves, illustrate an "agonistic perspectivism" wherein certain thought postures perform a corrective or delimiting role meant to expand the dialectical character of Nietzsche's thought. Hatab believes that the cosmological presentation of the Eternal Recurrence found in Nietzsche's later notebooks should thus be received as one "perspectival participant" in the more encompassing question of the value-of-life affirmation within the ceaseless repetition of our tragic existence.Hatab's detail of the Eternal Recurrence in chapters 4 and 5 is his richest philosophical presentation and his most original contribution to Nietzschean scholarship. Although rather conventional in his emphasis on the existential-force of the Eternal Recurrence (i.e., its meaning for the way we live our existence), Hatab is more creative in attempting to overcome the problem raised for such existentialist projects of self-instantiation. Even if a "factually true" cosmological conception of Eternal Recurrence is impossible, as has often been demonstrated, we readers of Nietzsche must listen seriously to his "call to affirm Eternal Recurrence." Hatab's move is to uphold Recurrence as not "factually" valid but as "literally" true. Readers should approach Eternal Recurrence with about the same degree of conceptual criticism as the Greeks would have done in listening to their dramatic performances: we ought to "suspend our disbelief" in a moment of "mimetic identification" with the "literal," if not "factual," truth of the drama. We readers should believe Eternal Recurrence as a "quasi-religious revelation," in the same manner Nietzsche himself claims to have been convinced.The call to affirm the literal truth of Recurrence is not a mandate to "approve" the eternal repetition of every event, irrespective of how morally repugnant that event may be. Contrary to some interpreters, affirming the perpetual re-occurrence of the holocaust does not imply the desire for the holocaust to recur, for in affirming the recurrence of that event, we also affirm our attitude of moral repugnance to it. To affirm the tragic world of becoming, we must affirm agonistic (or competitive) tensionalities between opposing values without reducing those tensions to any one-sided resolution. So construed, Nietzsche's Will to Power appears not as a drive to destroy or invalidate alterity, but as a call to embrace otherness as the condition of this competitively-structured life itself. Hatab's Nietzsche does not oppose otherness, but only the effort to place it in a binary scheme of opposition with the intention of nullifying the value of alterity as a part—even if a terrible part—of life.In chapter 6, there is a useful, if oversimplified, classification of the various articulations of Eternal Recurrence, ranging from the historical positions of Löwith and Heidegger to the contemporary presentations of Magnus and Soll. Hatab's assessment of the "Existentialist" reading here would have been helpful earlier in the book, as it only now demarcates the line between those readings and Hatab's own emphasis on the "existentialist call and test" of Eternal Recurrence. That line is drawn when conventional "existentialist" interpretations abandon the "literal" truth of Eternal Recurrence, which, in doing so, deflate the efficacy of Eternal Recurrence as a life-altering doctrine. Chapter 7 analyzes certain philosophical issues regarding the compatibility of Recurrence with Nietzsche's conceptions of creativity and the nature of truth. Particularly important, though, again—and this should at least have been mentioned earlier—is Hatab's illumination of Nietzsche... (shrink)

Anne Maclean has written a book which purports to identify and then definitively to reject the claims which she perceives to be the claims of bioethics. If she is right, then the enterprise to which this journal is dedicated is misconceived and worthless. In this paper, I attempt to show why so far from being not right she is comprehensively wrong, both in her understanding of the nature of bioethics and in the specific moral claims she (...) makes about those she terms 'bioethicists'. Since much of her book-length study is devoted to a criticism of my own work, this paper analyses the extent to which Maclean's criticisms of me, and by extension, of other bioethicists, are sustainable. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

Many scholars have suggested that Aristotle’s famous aphorism ‘treat equals equally, unequals unequally’ is a formal, and thus impractical, theory of equality. This dissertation aims to criticise the popular view that Aristotle’s theory of equality is purely formal and to develop and defend an interpretation which will pay attention to the substantive elements. The first chapter argues that Aristotle provides us with a spectrum from formal to substantive equality. At the formal end, we have the abstract principles of formal fairness (...) and proportionality, while at the substantive end we can find information for the designation of the appropriate variable of comparison between people or treatments in various domains of social interaction. The second chapter argues for an account of commensurability based on Ph. VII.4. I claim that, in any comparison, the term ‘equal’ should be predicated synonymously of the people or treatment compared, while at the same time they should not admit to difference in species; such an account, I suggest, is also compatible with Aristotle’s theory of economic value in EN V.5. The third chapter presents the Aristotelian account of equality in distributions. I focus on Aristotle’s theory of political distribution in Pol. III, where he puts forward two distinct criteria: political capacity and contribution to the polis. I also examine Aristotle’s moderate suggestion for equalisation of property by the means of public property and taxation. The fourth chapter criticises the popular line that Aristotle holds an inconsistent theory of corrective justice, because in EN V.4 he suggests that people should be treated as equal before the law, while in the first lines of EN V.5 he allows for hierarchical considerations. I eliminate this apparent inconsistency by claiming that the former deals with the compensatory, while the latter with the punitive element of corrective justice. The fifth chapter explores the role of equality within the private domain, mainly in the household and in various types of friendship. I propose that Aristotle offers two types of superiority, one based on actuality and a second based on function, which are not mutually exclusive. To summarise, by examining Aristotle’s responses to various problems about equality and hierarchy I conclude that although he possesses the theoretical tools to argue for ‘inalienable’ metaphysical equality of human beings which will make equality an individual entitlement or right, based on his principle of individuation in Metaph. Z.8, he prefers not to utilise this thesis for political purposes. Instead, he reduces equality to justice (inequality is unjust, since it violates principle of formal fairness which is fundamental for justice) and a set of pragmatical considerations (e.g. concord and the optimal outcome for the polis). He prefers to argue that equality or hierarchy of people or treatments is related to, and defined by, the particular institution that we examine. (shrink)

Current frameworks on ethical decision-making process have some limitations. This paper argues that the consideration of moral competencies, understood as moral virtues in the workplace, can enhance our understanding of why moral character contributes to ethical decision-making. After discussing the universal nature of four moral competencies (prudence, justice, fortitude and temperance), we analyse their influence on the various stages of the ethical decision-making process. We conclude by considering the managerial implications of our findings and proposing further (...) research. (shrink)