This chapter contains sections titled: Categorical Prescriptiveness Uniformity as a Moral Matter Uniformity Contrasted with Neutrality The Overridingness of Moral Principles.

The purpose of this dissertation is to develop and defend a method of elimination for determining justifiable basic normative ethical principles. The method is developed by considering Books I and X of Aristotle's Nicomachean Ethics and Plato's Meno. The method requires consideration on two different "levels." Aristotle and Plato use regulative endoxic premises as the evaluative criteria of the method. Such premises, which ideally are based upon universal agreement, guide an inquiry of our sort, i.e., determine the elimination or nonelimination (...) of the alternatives. Concerning the second "level," an adequate list of alternative possible solutions should be presented, and some principle or technique should be provided for determining such an adequate list. On the basis of the above premises, alternatives are evaluated in such a way that lack of accordance with any one of the relevant premises--assuming that there is more than one--is sufficient for the elimination of an alternative. The only alternative that is not eliminated by any of the premises provides the solution to the problem. The Aristotle chapter shows how regulative endoxic premises can be used, in an "ideal" sense, for choosing between two or more alternatives that generally accord with the premises. ;Our discussion of Aristotle and Plato shows that they do use this method and illustrates, in some detail, both how the method is used and specific variations of it. Our philosophers use different principles or techniques for determining the plausible alternatives. Aristotle chooses alternatives which are endoxic opinions. Plato uses the opinions of interlocutors, which are often endoxic, but he basically relies on a type of shared or cooperative rational inquiry to determine increasingly more adequate opinions, and, consequently, the plausible opinions that ought to be considered. On this "level," we attempt to show that the Platonic technique is more adequate than the Aristotelian procedure. ;Probably the most controversial feature of our method is the employment of regulative endoxic premises. Our final chapter is concerned with further clarification and defense of these premises. We attempt to show that regulative endoxic premises are different from and more adequate than the more objectionable opinions called conventionally moral opinions. We, then, attempt to provide a justifiable account of the differential value, in our method, in the evidential force of regulative endoxic premises and substantive endoxic opinions, and attempt to determine how adequate regulative endoxic premises relative to a specific inquiry can be identified. We argue that these premises provide the conditions necessary for the possibility of successful inquiry within, what I call, the ordinary ethical standpoint, and that the basic presupposition of this standpoint is an acceptable assumption. ;Two alternatives to our position concerning the defense of regulative endoxic premises are considered: They are intuitively self-evident. They are analytic truths based upon an appeal to ordinary usage. is readily seen to be objectionable. is, apparently, the position of Hare. We argue that Hare's position, which maintains that the probative force of regulative endoxic premises is based upon their analytic nature, is quite debatable, and does not, therefore, provide a viable alternative to our position. We also object to Hare's view of his regulative endoxa, viz., universalizability and prescriptivity. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 564-565 [Access article in PDF] Samuel J. Kerstein. Kant's Search for the Supreme Principle of Morality. New York: Cambridge University Press, 2002. Pp. xiv + 226. Cloth, $60.00. Summed up in a sentence, this book is both a critical examination of Kant's claim to have derived a supreme moral principle and a limited defense of Kant's project that (...) appears to depart significantly from Kant's own approach. Methodologically, a large portion of this book is devoted to analyzing various key concepts and claims about the nature of the categorical imperative in the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason and testing them against "everyday" moral intuitions via numerous examples and counterexamples.Kerstein begins by distinguishing between the tasks of deduction and derivation of a supreme moral principle, whereby a deduction is understood as an argument for the existence of a supreme moral principle, and a derivation simply assumes this conditionally and goes on to argue that a particular principle and no other can claim the title. Kerstein waives the discussion of whether Kant succeeds in giving a deduction and hence satisfactorily refutes moral skepticism. His focus in the book is on the derivation proposed primarily in Groundwork I and II that if there is a supreme moral principle, then it must be that law expressed in his formulations of the Categorical Imperative (hereafter "CI"). Kerstein addresses Bruce Aune's "traditional" reading of Kant's derivation, wherein the argument utterly fails because Kant allegedly infers a relatively substantive command ("Act only on that maxim which you can at the same time will to be universal law") from a purely formal, higher order, and hence relatively empty one ("Conform your actions to universal law"). He then devotes a chapter each to two recent, influential defenses of Kant's derivation that seek his argument outside the Groundwork. Kerstein addresses Henry Allison's attempt to rescue the derivation via an account of agency rooted in Kant's notion of transcendental freedom, elaborated in the second Critique. Kerstein rejects Allison's reconstruction on the grounds that it remains too abstract to generate the degree of specificity arrived at in Kant's Groundwork universalization formulation. Chapter Three examines Christine Korsgaard's alternative reconstruction of Kant's argument that focuses on the formulation of humanity ("Act so as to treat humanity, whether in your own person or that of any other, always as an end and never as a means only"). He rejects her interpretation because, again, the move from the abstract command to conform to universal law to the substantive formulation about humanity as a universally recognizable unconditional good fails. From the former, more abstract claim, he argues, it does not follow that there is a universally recognizable unconditional good, let alone that this good is humanity in itself (and not, say, utility [happiness], or even some intrinsic value unrelated to humanity, both of which Kant rejects as candidates for the unconditionally good).In his own reconstruction, Kerstein dissolves the criticism of the traditional reading of Kant's Groundwork derivation of the formula of universal law by simply denying that Kant [End Page 564] argues directly from the more generic principle to the specific versions of the CI (91ff). Instead he suggests that Kant's argument is less direct, made by way of laying out a set of criteria that any supreme principle must meet, and showing how the CI meets them while no other candidates can. In the second half of the book he takes a painstaking and critical look at a total of eight criteria, each of which Kant holds to be necessary and together are jointly sufficient for establishing the CI as "the supreme norm for the evaluation of the moral permissability and requiredness of an action, but not of its moral value" (165). This statement includes Kerstein's most controversial and interesting reconstructive claim, namely his denial that moral worth attaches only to actions done in accordance with duty as determined by the test... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 564-565 [Access article in PDF] Samuel J. Kerstein. Kant's Search for the Supreme Principle of Morality. New York: Cambridge University Press, 2002. Pp. xiv + 226. Cloth, $60.00. Summed up in a sentence, this book is both a critical examination of Kant's claim to have derived a supreme moral principle and a limited defense of Kant's project that (...) appears to depart significantly from Kant's own approach. Methodologically, a large portion of this book is devoted to analyzing various key concepts and claims about the nature of the categorical imperative in the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason and testing them against "everyday" moral intuitions via numerous examples and counterexamples.Kerstein begins by distinguishing between the tasks of deduction and derivation of a supreme moral principle, whereby a deduction is understood as an argument for the existence of a supreme moral principle, and a derivation simply assumes this conditionally and goes on to argue that a particular principle and no other can claim the title. Kerstein waives the discussion of whether Kant succeeds in giving a deduction and hence satisfactorily refutes moral skepticism. His focus in the book is on the derivation proposed primarily in Groundwork I and II that if there is a supreme moral principle, then it must be that law expressed in his formulations of the Categorical Imperative (hereafter "CI"). Kerstein addresses Bruce Aune's "traditional" reading of Kant's derivation, wherein the argument utterly fails because Kant allegedly infers a relatively substantive command ("Act only on that maxim which you can at the same time will to be universal law") from a purely formal, higher order, and hence relatively empty one ("Conform your actions to universal law"). He then devotes a chapter each to two recent, influential defenses of Kant's derivation that seek his argument outside the Groundwork. Kerstein addresses Henry Allison's attempt to rescue the derivation via an account of agency rooted in Kant's notion of transcendental freedom, elaborated in the second Critique. Kerstein rejects Allison's reconstruction on the grounds that it remains too abstract to generate the degree of specificity arrived at in Kant's Groundwork universalization formulation. Chapter Three examines Christine Korsgaard's alternative reconstruction of Kant's argument that focuses on the formulation of humanity ("Act so as to treat humanity, whether in your own person or that of any other, always as an end and never as a means only"). He rejects her interpretation because, again, the move from the abstract command to conform to universal law to the substantive formulation about humanity as a universally recognizable unconditional good fails. From the former, more abstract claim, he argues, it does not follow that there is a universally recognizable unconditional good, let alone that this good is humanity in itself (and not, say, utility [happiness], or even some intrinsic value unrelated to humanity, both of which Kant rejects as candidates for the unconditionally good).In his own reconstruction, Kerstein dissolves the criticism of the traditional reading of Kant's Groundwork derivation of the formula of universal law by simply denying that Kant [End Page 564] argues directly from the more generic principle to the specific versions of the CI (91ff). Instead he suggests that Kant's argument is less direct, made by way of laying out a set of criteria that any supreme principle must meet, and showing how the CI meets them while no other candidates can. In the second half of the book he takes a painstaking and critical look at a total of eight criteria, each of which Kant holds to be necessary and together are jointly sufficient for establishing the CI as "the supreme norm for the evaluation of the moral permissability and requiredness of an action, but not of its moral value" (165). This statement includes Kerstein's most controversial and interesting reconstructive claim, namely his denial that moral worth attaches only to actions done in accordance with duty as determined by the test... (shrink)

The aim of this paper is to present a version of the principle of alternate possibilities which is not susceptible to the Frankfurt-style counter-example. I argue that PAP does not need to be endorsed as a necessary condition for moral responsibility and, in fact, presenting PAP as a sufficient condition maintains its usefulness as a maxim for moral accountability whilst avoiding Frankfurt-style counter-examples. In addition, I provide a further sufficient condition for moral responsibility – the (...) twin world condition – and argue that this provides a means of justifying why the protagonist in Frankfurt-style scenarios is still felt to be morally responsible. I conclude with the claim that neither the amended PAP nor the twin world condition is necessary for the ascription of moral responsibility; rather, what is necessary is simply that one of these conditions is satisfied. (shrink)

In this paper I respond to Coren’s argument against my 2016 paper in which I present a case for the principle of alternate possibilities as sufficient but not necessary for the ascription of moral responsibility ). I concede that Coren has identified aspects of my original position that are vulnerable to counter-examples. Nevertheless, through a simple amendment to my original argument I am able to respond to these counter-examples without undermining the foundations on which my 2016 paper (...) was built. Moreover, it is my contention that the main challenge Coren presents to my original paper involves making explicit that which is already implied within PAP. Therefore, while I acknowledge that my argument for PAP requires further clarification, this can be achieved without undermining my original position. (shrink)

Arguably the most foundational principle in perception research is that our experience of the world goes beyond the retinal image; we perceive the distal environment itself, not the proximal stimulation it causes. Shape may be the paradigm case of such “unconscious inference”: When a coin is rotated in depth, we infer the circular object it truly is, discarding the perspectival ellipse projected on our eyes. But is this really the fate of such perspectival shapes? Or does a tilted coin (...) retain an elliptical appearance even when we know it’s circular? This question has generated heated debate from Locke and Hume to the present; but whereas extant arguments rely primarily on introspection, this problem is also open to empirical test. If tilted coins bear a representational similarity to elliptical objects, then a circular coin should, when rotated, impair search for a distal ellipse. Here, nine experiments demonstrate that this is so, suggesting that perspectival shapes persist in the mind far longer than traditionally assumed. Subjects saw search arrays of three-dimensional “coins,” and simply had to locate a distally elliptical coin. Surprisingly, rotated circular coins slowed search for elliptical targets, even when subjects clearly knew the rotated coins were circular. This pattern arose with static and dynamic cues, couldn’t be explained by strategic responding or unfamiliarity, generalized across shape classes, and occurred even with sustained viewing. Finally, these effects extended beyond artificial displays to real-world objects viewed in naturalistic, full-cue conditions. We conclude that objects have a remarkably persistent dual character: their objective shape “out there,” and their perspectival shape “from here.”. (shrink)

Moral properties are explained by other properties. And moral principles tell us about moral properties. How are these two ideas related? In particular, is the truth of a given moral principle part of what explains why a given action has a given moral property? I argue “No.” If moral principles are merely concerned with the extension of moral properties across all possible worlds, then they cannot be partial explainers of facts about the (...) instantiation of those properties, since in general necessitation does not suffice for explanation. And if moral principles are themselves about what explains the moral properties under their purview, then by their own lights they are not needed in order to explain those moral properties’ instantiation—unless, that is, the principles exhibit an objectionable form of metaphysical circularity. So moral principles cannot explain why individual actions have moral properties. Nor, I also argue, can they explain why certain other factors explain why those actions have the moral properties that they do, or in some other way govern or mediate such first-order explanations of particular moral facts. When it comes to the explanation of an individual action’s specific moral features, moral principles are explanatorily idle. (shrink)

At the core of Kant's ethics lies the claim that if there is a supreme principle of morality then it cannot be a principle based on utilitarianism or Aristotelian perfectionism or the Ten Commandments. The only viable candidate for such a principle is the categorical imperative. This book is the most detailed investigation of this claim. It constructs a new, criterial reading of Kant's derivation of one version of the categorical imperative: the Formula of Universal (...) Law. This reading shows this derivation to be far more compelling than contemporary philosophers tend to believe. It also reveals a novel approach to deriving another version of the categorical imperative, the Formula of Humanity, a principle widely considered to be the most attractive Kantian candidate for the supreme principle of morality. This book will be important not just for Kant scholars but for a broad swathe of students of philosophy. (shrink)

In this paper I shall argue that if the Parfitian psychological criterion or theory of personal identity is true, then a good case can be made out to show that the psychological theorist should accept the view I call “psychological sequentialism”. This is the view that a causal connection is not necessary for what matters in survival, as long as certain other conditions are met. I argue this by way of Parfit’s own principle that what matters in survival (...) cannot depend upon a trivial fact. (shrink)

The epistemology of moral principles should be developed in relation to general epistemology and integrated with a plausible moral ontology. On both counts, it is important to consider the nature of moral properties and, more generally, normative properties. This paper distinguishes two kinds of normative properties, indicates how they are related to one another and to moral properties, contrasts their supervenience on natural properties with their grounding in those properties, and, in the light of the points (...) then in view, argues for a moderately rationalist account of knowledge of moral principles. The paper also considers in detail how one might account for the a priori status of certain moral principles—a status that remains controversial and is in any case difficult to establish. The final section shows how the overall position of the paper may be consistent with moral naturalism but does not depend on it. (shrink)

Providing meaningful and actionable explanations for end-users is a situated problem requiring the intersection of multiple disciplines to address social, operational, and technical challenges. However, the explainable artificial intelligence community has not commonly adopted or created tangible design tools that allow interdisciplinary work to develop reliable AI-powered solutions. This paper proposes a formative architecture that defines the explanation space from a user-inspired perspective. The architecture comprises five intertwined components to outline explanation requirements for a task: (1) the end-users’ mental models, (...) (2) the end-users’ cognitive process, (3) the user interface, (4) the Human-Explainer Agent, and (5) the agent process. We first define each component of the architecture. Then, we present the Abstracted Explanation Space, a modeling tool that aggregates the architecture’s components to support designers in systematically aligning explanations with end-users’ work practices, needs, and goals. It guides the specifications of what needs to be explained (content: end-users’ mental model), why this explanation is necessary (context: end-users’ cognitive process), to delimit how to explain it (format: Human-Explainer Agent and user interface), and when the explanations should be given. We then exemplify the tool’s use in an ongoing case study in the aircraft maintenance domain. Finally, we discuss possible contributions of the tool, known limitations or areas for improvement, and future work to be done. (shrink)

Error theory turns on a particular presupposition about the conceptual commitments of moral realism, namely that the moral facts posited by realists need to be categorical. True moral propositions are said to have an absolute authority in their prescriptions in the sense that an agent, regardless of her own ends, needs or desires, is categorically obligated and has reason to act in accordance with their prescriptions. But, nothing in the world has such a queer property as (...) categoricity, and therefore we ought to be suspect of the enterprise of moral discourse. Some philosophers, like Stephen Finlay, have argued that this categoricity is not a necessary feature of moral language, and in so doing hope to have shown that the error theoretic critique is thus refuted. In this article I offer a survey of the literature on this topic and then contribute independent motivations for siding with those who think moral facts need not be categorical. (shrink)

Seemingly one of the most prominent issues that divide theorists about free will and moral responsibility concerns whether the ability to do otherwise is necessary for freedom and responsibility. I defend two claims in this paper. First, that this appearance is illusory: everyone thinks an ability to do otherwise is necessary for freedom and responsibility. The central issue is not whether the ability to do otherwise is necessary for freedom and responsibility but which abilities to do (...) otherwise are necessary. Second, I argue that we cannot determine which abilities are necessary until we have determined the nature and justification of moral responsibility. Thus, theorizing about moral responsibility ought to take pride of place in theorizing about free will. (shrink)

I claim that the revisions John Rawls made to his theory of justice—as seen in his political conception of justice as fairness in the revised edition of Political Liberalism and Justice as Fairness: A Restatement—result in him being able to secure justice for all persons even in their private lives. Thus, I defend his theory against common communitarian and feminist criticisms, viz the lack of moral community and inability to secure justice for individuals in the private domain. I demonstrate (...) that justice is secured from the categorical requirement that all associational life and moral doctrines must adhere to the constraints of justice, by (what Rawls terms) the indirect application of the first principle of justice. The implications of and necessity for this indirect application are precisely what I interrogate in this thesis. I suggest that this indirect application requires unconditional acknowledgement and internalisation of the values of liberty and equality (political values of the first principle) into all aspects of civil society. I claim that Rawls realised this necessity for the congruence between the moral powers of persons, the spheres of society, and the right and the good and, as such, developed a complementary relation between these three features. Coherence between these three aspects is essential; without coherence, citizens would have a split moral personality, the public and the non-public spheres would be in conflict, and the political values and the moral doctrines of individuals would undermine one another. The significance of this strict coherence is that it can ensure the adequate development of individuals’ capacity for citizenship during the three stages of moral development. This results in citizens being able to form bonds of civic friendship necessary for justice as reciprocity to be realised. Thus, in this thesis, I position my argument against theorists such as Nancy Rosenblum, who argue for a more relaxed congruence between political institutions and civil society, as according to her illiberal forms of associational life can help form the necessary bonds of love and care needed for mutual cooperation in a liberal society. In opposition to this, I claim that strict congruence is necessary; without it, a stable liberal society is not possible as the citizens would not be able to able to respect one another on free, equal, and mutually beneficial terms. I rely on Hochschild’s sociological evidence to demonstrate that civic friendship has not been developed, due to a lack of reciprocity, impacting the negative development of one’s sense of justice. I then illustrate how this lack of reciprocity is amplified by digital and artificial intelligence (AI) technologies. The significance of this thesis is that I claim, firstly, Rawls’s last revisions and works before his death demonstrate that justice is a collective non-comprehensive good that results by constraining individuals’ associational life and their partial comprehensive doctrines to Rawlsian demands of justice. Thus, Rawls takes seriously the feminist and communitarian critiques he received. Secondly, I claim that this interpretation of Rawls’s theory of justice cannot be conceptualised in terms of a binary presentation of the priority of the right versus the good debate and, instead, I argue for a reconceptualisation of the priority of the right versus the good as ranges on a continuum of structural relations between the right and the good. (shrink)

God presented each of us with the gift of human life, for which we each have a duty of stewardship. The complementary principles of totality and integrity provide moral guidance for decisions on whether specific acts are consistent with this obligation. Totality directs that anatomical completeness must not be sacrificed without proportional justification. Integrity focuses on maintaining basic human capacities and provides a hierarchical ordering of higher functions over lower functions for use in decision making. The decisions of secular (...) American courts rely heavily on statutory authority and case precedent. This essay explores whether the moral principle of totality and integrity is reflected in judicial opinions. The first part examines judicial decisions in cases in which the plaintiff’s desired outcome was consistent with the principle of totality and integrity. The second part analyzes judicial decisions in which the desired outcome was not consistent with this moral principle. National Catholic Bioethics Quarterly 12.1 (Spring 2012): 43–54. (shrink)

What is morally permissible, and what is morally obligatory? These questions form the core of a vast amount of philosophical reasoning. In his Fundamental Principles of the Metaphysics of Morals, Immanuel Kant developed a basis for the answers. In this landmark work, the German philosopher asks what sort of maxim might function as a guide to appropriate action under a given set of circumstances. By universalizing such a maxim, would morally permissible behavior not become clear? Suppose that everyone were to (...) behave in accordance with this maxim. If everyone followed the maxim in the same way without harm to civilized culture, then the behavior would be morally permissible. But what if no one followed the maxim? Would civilization thereby be at risk? In such a case, the behavior would be morally obligatory. Kant's test, known as the Categorical Imperative, is a logical proof of the Golden Rule and the centerpiece of this work. It constitutes his best-known contribution to ethical discussion, and a familiarity with his reasoning in this book is essential to students of philosophy, religion, and history. (shrink)

Kant’s announced aim in the Groundwork for the Metaphysics of Morals is “to seek out and establish the supreme principle of morality.” Kerstein focuses on Kant’s efforts to achieve the first task, which is seeking to identify the only possible supreme principle of morality. Kerstein explicitly sets aside the second task, which is to “establish” the supreme principle as necessary and binding on all rational agents. In other words, Kerstein is concerned with Kant’s “derivation” of the (...) supreme moral principle but not with its “deduction.” Nevertheless, his project is important, for a successful derivation would entail that utilitarianism, perfectionism, and other competitors to the Categorical Imperative are not viable candidates for being the supreme moral principle. (shrink)

My aim in this essay is largely defensive. I aim to discuss some problems for moral error theory and to offer plausible solutions. A full positive defense of moral error theory would require substantial investigations of rival metaethical views, but that is beyond the scope of this essay. I will, however, try to motivate moral error theory and to clarify its commitments. Moral error theorists typically accept two claims – one conceptual and one ontological – about (...) moral facts. The conceptual claim is that moral facts are or entail facts about categorical reasons (and correspondingly that moral claims are or entail claims about categorical reasons); the ontological claim is that there are no categorical reasons – and consequently no moral facts – in reality. I accept this version of moral error theory and I try to unpack what it amounts to in Section 2.1 In the course of doing so I consider two preliminary objections: that moral error theory is (probably) false because its implications are intuitively unacceptable (what I call the Moorean objection) and that the general motivation for moral error theory is self-undermining in that it rests on a hidden appeal to norms. The above characterization seems to entail the standard formulation of moral error theory, according to which first-order moral claims are uniformly false. Critics have argued that the standard formulation is incoherent since – by the law of excluded middle – the negation of a false claim is true. Hence if ‘Torture is wrong’ is false, ‘Torture is not wrong’ is true. Contrary to what moral error theorists contend, then, moral error theory seems to carry first-order moral implications that by the theory’s own lights are uniformly false. In Section 3 I suggest a formulation that is consistent with the standard formulation of moral error theory, free of first-order moral implications, and subject to no logical difficulties. In Section 4 I consider and rebut Stephen Finlay’s recent attack on moral error theory. According to Finlay the conceptual claim is false because all moral claims – and indeed all normative claims – are, or should be understood as, relativized to some moral standard or system of ends. Moral error theorists thus attribute to ordinary speakers an error that simply isn’t there. I argue that Finlay’s view has some very implausible implications and that it does not avoid commitment to various forms of error theory. This becomes especially clear when we focus on fundamental moral claims. In Section 5 I consider the worry that error theorists’ rejection of categorical reasons proves too much; in particular, the worry that error theorists’ qualms about categorical reasons apply equally to claims about hypothetical reasons, that is, claims to the effect that there is reason to take the means to one’s ends. In my view error theorists such as Mackie and Joyce have failed to pay due consideration to this problem. What the challenge establishes, I submit, is that error theorists cannot just take for granted that hypothetical reasons are metaphysically unproblematic; they must offer an account of hypothetical reasons that shows that they are. I argue that the only plausible account available to error theorists is one according to which claims about hypothetical reasons reduce to non-normative claims about relations between means and ends. (shrink)

This article provides theoretical foundations to the widespread intuition that an individual duty to reduce one's carbon emissions should not be overly demanding, and should leave some space to personal life-projects. It does so by looking into the moral structure of aggregative problems such as climate change, and argues that contributing to climate change is less wrong than causing the same amount of harm in paradigm cases of harm-doing. It follows that strong agent-relative reasons, such as consideration of the (...) agent's most important life-projects, are likely sometimes to outweigh the reasons for refraining from contributing to climate change, especially when there is no alternative course of action. This, however, does not mean that individual carbon-emitters are off the hook, since a lot can be done to reduce carbon emissions without jeopardising one's most important life-projects. (shrink)

This paper critques a new mathod which I have termed third person analysis and gives perspective on its range and application in clinical practice. Third person analysis turns the analysand into a narrator who will speak of herself in the third person. It is believed that the basic analytic principle inherent in narration can be employed in the form of third person analysis with a wide variety of patients. This new form of psychotherapy provides the analysand with the (...) class='Hi'>necessary tool of the narrator, an objectivity needed for the construction of her story. The idea of this paper, then, is not to denigrate the values of free association but rather to shed light on a new form of the mechanism. Free association in the third person may allow the narrating analysand a more creative spontaneity wherein a certain leakage of unguarded and heretofore unrealized material may guiltlessly emerge. (shrink)

Contractarians aim to derive moral principles from the dictates of instrumental rationality alone. But it is well-known that contractarian moral theories struggle to identify normative principles that are both uniquely rational and morally compelling. Michael Moehler's recent book, *Minimal Morality* seeks to avoid these difficulties by developing a novel "two-level" social contract theory, which restricts the scope of contractarian morality to cases of deep and persistent moral disagreement. Yet Moehler remains ambitious, arguing that a restricted version of (...) Kant's categorical imperative is a uniquely rational principle of conflict resolution. We develop a formal model of Moehler's informal game-theoretic argument, which reconstructs a valid argument for Moehler's conclusion. This model, in turn, enables us to expose how a successful argument for Moehler's contractarian principle rests on assumptions that can only be justified by subtle yet significant departures from the standard conception of rationality. We thus extend our understanding of familiar contractarian difficulties by showing how they arise even if we restrict the scope of contractarian morality to a domain where its application seems both promising and necessary. We show that the problem lies not in contractarians' immodest ambitions but in the modest resources rationality can offer to satisfy them. (shrink)

Why morality cannot be based on faith in God -- Isms -- Absence of evidence is evidence of absence -- The insidiousness of interpretation -- You will obey -- Sally, Butch, and Plato's dilemma -- The fundamentals of secular morality -- What it means to be moral -- Where do you get your morals? -- The secular seven -- Challenges to secular morality -- Accounting for immorality -- Genocidal century -- Secular solutions -- Moral relativism.

In this article the validity of transferring the Principle of Double Effect from the just war tradition to the domain of business is critically reviewed. If a case can be built for sufficient analogies between war and business, the principle of double effect can legitimately be transferred from war to business. If, on the other hand it can be shown that there are aspects in which business differs substantially from just war, then the transfer to business of a (...) principle developed within the context of war becomes more problematic. After exploring the nature of arguments of analogy and fallacious arguments of weak analogy some important disanalogies between war and business are highlighted. Given these disanalogies it is then contended that the just war background of the Principle of Double Effect had some bearing on both the content and manner of application of the Principle of Double Effect. Finally it is argued that these disanalogies require some revisions to the Principle of Double Effect with regard to both its content and its manner of application before it can be applied meaningfully to foreseeable negative side-effects of business. S. Afr. J. Philos. Vol.22(3) 2003: 236–246. (shrink)

Nietzsche’s late writings present a value opposition of health and decadence based in his conception of organic life. While this appears to be a moral ideal that risks the naturalistic fallacy of directly deriving norms from facts, it instead describes a meta-ethical ideal: the necessary conditions for any kind of moral agency. Nietzsche’s ideal of health not only evades but also dissolves the naturalistic fallacy by suggesting that the specific content of morality is irrelevant. If health is (...) measured by power over one’s drives rather than the environment, then the source of moral conflict—organic life’s essential tendency toward domination—is surmounted by successful integration of any moral norms, regardless of content. Nietzsche’s concept of health draws on his characterization of organic life as essentially ‘exploitation’: growth through domination of the environment (BGE 259, GM II: 12). In animals, power coincides with happiness, while health and decadence track the correspondence between instinct and happiness (TI II: 11). This simple picture is complicated by the Genealogy, where Nietzsche depicts human nature as an animal illness caused by civilization’s disruption of the natural correspondence of instinct and happiness. Civilization shapes this ‘sick animal’ into the distinctly human ‘sovereign individual’ (GM III: 13, II: 2), restoring the harmony of instinct and happiness in an internal hierarchy of drives. So, sovereign individuality is a distinctly human model of health. Although life is exploitation, human health does not coincide with greater environmental power, but rather an internal qualitative expansion of power: greater variety and tension among drives, greater ‘wholeness in diversity’ in the ‘social structure’ of the self (BGE 212, 12). Nonetheless, health is not a moral criterion, but instead the precondition of moral agency. The subordination of drives to a commanding hierarchy grounds the ability to uphold any moral principles at all, to make and keep promises to oneself and others. Moral agency coincides, in turn, with overcoming the source of moral conflict in organic life’s drive for growth. The unification of opposing drives provides pleasure in power over oneself rather than one’s environment, the ‘happiness of high tension’ among drives (BGE 260), and in environmental resistance, a need for ‘equal opponents’ (TI IX: 38, EH 1: 7). Consequently, Nietzsche’s meta-ethical ideal supports a moral pluralism that supports any moral content. Moral conflicts arise precisely to the degree individuals are incapable of achieving moral agency, but they dissolve as moral agency of any kind is more widely achieved. (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)

According to Kant, the supreme principle of morality is: “act only according to that maxim through which you can at the same time will that it become a universal law” (G 4:421). This principle has come to be known as the Formula of Universal Law (“FUL”). Few philosophers believe it succeeds. But, I argue, few philosophers have understood what FUL means. This dissertation offers a full defense of FUL. It is, in fact, the supreme principle of morality—and (...) it can successfully derive a viable theory of permissible action and virtuous willing. Kant was right. Chapter 1 considers FUL’s role in relation to Kant’s subsequent formulations of the Categorical Imperative and the broader architectonic of duty he sets up in the Metaphysics of Morals. I argue that Kant’s formulations are equivalent insofar as they are each expressions of the very same moral principle. And I suggest that FUL’s two tests correspond to Kant’s later distinction between duties of right and duties of virtue. Thus, FUL’s contradiction-in-conception test can be used to derive duties governing permissible action, and FUL’s contradiction-in-the-will test can be used to derive duties governing virtuous willing. This sets up the framework for the remainder of the dissertation. Chapters 2 and 3 together interpret and defend Kant’s account of permissible action. In Chapter 2, I argue that we should fundamentally reconceive of the nature and purpose of Kant’s permissibility criterion. Kant’s contemporary interpreters have adopted too psychologistic an account of the maxim. Kantian maxims have little to do with the motivating principles of actual agents. Relying on Kant’s historical context and his account of maxims in rational agency, I argue that FUL tests means-end principles which describe act-types. When its permissibility test is applied to such principles, it can viably derive general duties. Chapter 3 continues this positive account of Kant’s permissibility test and defends it from common objections. I argue that the contradiction-in-conception test rejects an act-type when it would be inconceivable for all rational agents to be directly governed by the type’s means-end imperative as a universal practical law. So understood, FUL condemns act-types because: (1) they are hypocritically self-serving, (2) they inflict agential harm on other agents, or (3) they inflict self-harm motivated by self-love. I defend FUL’s derivations against such act-types against common criticisms, such as that they are circular or overbroad. Turning to prominent objections against Kant’s account of permissible action, I then argue that FUL correctly rules out all and only impermissible actions. Moreover, its conclusions are both nuanced and normatively defensible. In Chapter 4, I turn to Kant’s virtue ethics. I begin by considering the demands of Kantian virtue. I argue that we should reject accounts on which duties of virtue are merely less restrictive duties governing permissible action. Instead, I argue, they represent genuinely virtue-ethical requirements to promote morally worthy ends, namely, the ends of our own perfection and others’ happiness. I show that all of Kant’s duties of virtue can ultimately be traced back to one of these required ends. Then, I argue that FUL’s contradiction-in-the-will test can successfully derive our positive obligation to set the ends of virtue. I conclude that FUL is successful not only as a standard of permissibility, but also as the supreme principle of virtue. (shrink)

There seems a potential tension between Hume’s naturalistic project and his normative ambitions. Hume adopts what I call a methodological naturalism: that is, the methodology of providing explanations for various phenomena based on natural properties and causes. This methodology takes the form of introducing ‘the experimental method of reasoning into moral subjects’, as stated in the subtitle of the Treatise; this ‘experimental method’ seems a paradigmatically descriptive one, and it remains unclear how Hume derives genuinely normative prescriptions from this (...) methodology. -/- In resolving this problem, I will argue that Hume’s naturalistic methodology – that is, his ‘experimental philosophy’ (THN Intro 7), or what has come to be known as his experimental method – consists of the systematisation of phenomena pertaining to human nature. In applying his experimental method to normative subjects, Hume systematises our normative judgments, deriving general principles of normative justification; he then reflexively applies these principles to the pre-philosophical judgments from which they derive, dismissing and/or correcting those that do not accord with his systematised account. I will argue that Hume’s experimental method, far from being wholly descriptive, is in fact thoroughly infused with normativity; furthermore, the very application of this methodology to our normative judgments reveals Hume’s normative ambitions. (shrink)

Excerpt from Some Principles of Moral Theology: And Their Application The present book is an attempt to bring together, from the Bible and from Christian experience, the principles which have guided the Church in dealing with individual souls; to test those principles by the light of modern knowledge; and to apply them to present-day conditions and needs. Some of the traditional terminology of moral theology has been discarded; much has been retained, either because it seemed the best medium (...) for expressing what had to be expressed, or because it would have been impossible otherwise to indicate the development and formulation of Christian thought on the subject. Thus the book may prove of interest not merely to the clergy and others who are confronted by the practical problems of conduct and morality, but also to students entering upon the study of moral theology for its own sake. The Church of England affords her clergy singularly little expert guidance in this matter of the direction of souls. Two branches of the subject - those which go by the names of Christian ethics and the theory and practice of the confessional respectively - have indeed been systematically and fully treated by recent writers and there is a wealth of practical experience to be drawn both from manuals of pastoral theology and from biographies. Moral theology, however, as will appear, com prises much more than the two topics just mentioned. Yet within the last fifty years, apparently, only three books have attempted to present the whole content of moral theology in such a form as should guide the theory and practice of the Church of England, and all three are out of print and consequently difficult of access. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

What are moral principles? The assumption underlying much of the generalism–particularism debate in ethics is that they are (or would be) moral laws: generalizations or some special class thereof, such as explanatory or counterfactual-supporting generalizations. I argue that this law conception of moral principles is mistaken. For moral principles do at least three things that moral laws cannot do, at least not in their own right: explain certain phenomena, provide particular kinds of support for counterfactuals, (...) and ground moral necessities, “necessary connections” between obligating reasons and obligations. Moreover, neither a best-systems theory of moral principles nor any of the competing theories of moral principles proposed by Sean McKeever and Michael Ridge, Pekka Väyrynen, and Mark Lance and Margaret Little could vindicate the law conception of moral principles. I conclude with some brief remarks about what moral principles might be if they are not moral laws. (shrink)

continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has followed, (...) has been a defense against horror and madness. Kant's prohibition on speculative metaphysics such as dogmatic metaphysics and transcendental realism, on thinking beyond the imposition of transcendental and moral constraints, has been challenged by numerous figures proceeding him. One of the more interesting critiques of Kant comes from the mad black Deleuzianism of Nick Land stating, “Kant’s critical philosophy is the most elaborate fit of panic in the history of the Earth.” And while Alain Badiou would certainly be opposed to the libidinal investments of Land's Deleuzo-Guattarian thought, he is likewise critical of Kant's normative thought-bureaucracies: Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism—always asking Quid Juris? Or ‘Haven’t you crossed the limit?’—combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [….] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism. I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it. An entire nexus of the limits of reason and philosophy are set up here, namely that the critical philosophy not only defends thought from madness, philosophy from madness, and philosophy from itself, but that philosophy following the advent of the critical enterprise philosophy becomes auto-vampiric; feeding on itself to support the academy. Following Francois Laruelle's non-philosophical indictment of philosophy, we could go one step further and say that philosophy operates on the material of what is philosophizable and not the material of the external world. [1] Beyond this, the Kantian scheme of nestling human thinking between our limited empirical powers and transcendental guarantees of categorical coherence, forms of thinking which stretch beyond either appear illegitimate, thereby liquefying both pre-critical metaphysics and the ravings of the mad in the same critical acid. In rejecting the Kantian apparatus we are left with two entities – an unsure relation of thought to reality where thought is susceptible to internal and external breakdown and a reality with an uncertain sense of stability. These two strands will be pursued, against the sane-seal of post-Kantian philosophy by engaging the work of weird fiction authors H.P. Lovecraft and Thomas Ligotti. The absolute inhumanism of the formers universe will be used to describe a Shoggothic Materialism while the dream worlds of the latter will articulate the mad speculation of a Ventriloquil Idealism. But first we must address the relation of philosophy to madness as well as philosophy to weird fiction. /1/ – Philosophy and Madness There is nothing that the madness of men invents which is not either nature made manifest or nature restored. Michel Foucault. Madness and Civilization. The moment I doubt whether an event that I recall actually took place, I bring the suspicion of madness upon myself: unless I am uncertain as to whether it was not a mere dream. Arthur Schopenhauer. The World as Will and Idea, Vol. 3. Madness is commonly thought of as moving through several well known cultural-historical shifts from madness as a demonic or otherwise theological force, to rationalization, to medicalization psychiatric and otherwise. Foucault's Madness and Civilization is well known for orientating madness as a form of exclusionary social control which operated by demarcating madness from reason. Yet Foucault points to the possibility of madness as the necessity of nature at least prior to the crushing weight of the church. Kant’s philosophy as a response to madness is grounded by his humanizing of madness itself. As Adrian Johnston points out in the early pages of Time Driven pre-Kantian madness meant humans were seized by demonic or angelic forces whereas Kantian madness became one of being too human. Madness becomes internalized, the external demonic forces become flaws of the individual mind. Foucault argues that, while madness is de-demonized it is also dehumanized during the Renaissance, as madmen become creatures neither diabolic nor totally human reduced to the zero degree of humanity. It is immediately clear why for Kant, speculative metaphysics must be curbed – with the problem of internal madness and without the external safeguards of transcendental conditions, there is nothing to formally separate the speculative capacities for metaphysical diagnosis from the mad ramblings of the insane mind – both equally fall outside the realm of practicality and quotidian experience. David-Menard's work is particularly useful in diagnosing the relation of thought and madness in Kant's texts. David-Menard argues that in Kant's relatively unknown “An Essay on the Maladies of the Mind” as well as his later discussion of the Seer of Swedenborg, that Kant formulates madness primarily in terms of sensory upheaval or other hallucinatory theaters. She writes: “madness is an organization of thought. It is made possible by the ambiguity of the normal relation between the imaginary and the perceived, whether this pertains to the order of sensation or to the relations between our ideas” Kant's fascination with the Seer forces Kant between the pincers of “aesthetic reconciliation” – namely melancholic withdrawal – and “a philosophical invention” – namely the critical project. Deleuze and Guattari's schizoanalysis is a combination and reversal of Kant's split, where an aesthetic over engagement with the world entails prolific conceptual invention. Their embrace of madness, however, is of course itself conceptual despite all their rhizomatic maneuvers. Though they move with the energy of madness, Deleuze and Guattari save the capacity of thought from the fangs of insanity by imbuing materiality itself with the capacity for thought. Or, as Ray Brassier puts it, “Deleuze insists, it is necessary to absolutize the immanence of this world in such a way as to dissolve the transcendent disjunction between things as we know them and as they are in themselves”. That is, whereas Kant relied on the faculty of judgment to divide representation from objectivity Deleuze attempts to flatten the whole economy beneath the juggernaut of ontological univocity. Speculation, as a particularly useful form of madness, might fall close to Deleuze and Guattari’s shaping of philosophy into a concept producing machine but is different in that it is potentially self destructive – less reliant on the stability of its own concepts and more adherent to exposing a particular horrifying swath of reality. Speculative madness is always a potential disaster in that it acknowledges little more than its own speculative power with the hope that the gibbering of at least a handful of hysterical brains will be useful. Pre-critical metaphysics amounts to madness, though this may be because the world itself is mad while new attempts at speculative metaphysics, at post-Kantian pre-critical metaphysics, are well aware of our own madness. Without the sobriety of the principle of sufficient reason we have a world of neon madness: “we would have to conceive what our life would be if all the movements of the earth, all the noises of the earth, all the smells, the tastes, all the light – of the earth and elsewhere, came to us in a moment, in an instant – like an atrocious screaming tumult of things”. Speculative thought may be participatory in the screaming tumult of the world or, worse yet, may produce its spectral double. Against theology or reason or simply commonsense, the speculative becomes heretical. Speculation, as the cognitive extension of the horrorific sublime should be met with melancholic detachment. Whereas Kant's theoretical invention, or productivity of thought, is self -sabotaging, since the advent of the critical project is a productivity of thought which then delimits the engine of thought at large either in dogmatic gestures or non-systematizable empirical wondrousness. The former is celebrated by the fiction of Thomas Ligotti whereas the latter is espoused by the tales of H.P. Lovecraft. /2/ – Weird Fiction and Philosophy. Supernatural horror, in all its eerie constructions, enables a reader to taste treats inconsistent with his personal welfare. Thomas Ligotti Songs of a Dead Dreamer. I choose weird stories because they suit my inclination best—one of my strongest and most persistent wishes being to achieve,momentarily, the illusion of some strange suspension or violation of the galling limitations of time, space, and natural law which forever imprison us and frustrate our curiosity about the infinite cosmic spaces beyond the radius of our sight and analysis H.P. Lovecraft. “Notes on Writing Weird Fiction” Lovecraft states that his creation of a story is to suspend natural law yet, at the same time, he indexes the tenuousness of such laws, suggesting the vast possibilities of the cosmic. The tension that Lovecraft sets up between his own fictions and the universe or nature is reproduced within his fictions in the common theme of the unreliable narrator; unreliable precisely because they are either mad or what they have witnessed questions the bounds of material reality. In “The Call of Cthulhu” Lovecraft writes: The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents. We live on a placid island of ignorance in the midst of black seas of infinity, and it was not meant that we should voyage far. The sciences, each straining in its own direction, have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the deadly light into the peace and safety of a new dark age. Despite Lovecraft's invocations of illusion, he is not claiming that his fantastic creations such as the Old Ones are supernatural but, following Joshi, are only ever supernormal. One can immediately see that instead of nullifying realism Lovecraft in fact opens up the real to an unbearable degree. In various letters and non-fictional statements Lovecraft espoused strictly materialist tenets, ones which he borrowed from Hugh Elliot namely the uniformity of law, the denial of teleology and the denial of non-material existence. Lovecraft seeks to explore the possibilities of such a universe by piling horror upon horror until the fragile brain which attempts to grasp it fractures. This may be why philosophy has largely ignored weird fiction – while Deleuze and Guattari mark the turn towards weird fiction and Lovecraft in particular, with the precursors to speculative realism as well as contemporary related thinkers have begun to view Lovecraft as making philosophical contributions. Lovecraft's own relation to philosophy is largely critical while celebrating Nietzsche and Schopenhauer. This relationship of Lovecraft to philosophy and philosophy to Lovecraft is coupled with Lovecraft's habit of mercilessly destroying the philosopher and the figure of the academic more generally in his work, a destruction which is both an epistemological destruction and an ontological destruction. Thomas Ligotti's weird fiction which he has designated as a kind of “confrontational escapism” might be best described in the following quote from one of his shortstories, “The human phenomenon is but the sum of densely coiled layers of illusion each of which winds itself on the supreme insanity. That there are persons of any kind when all there can be is mindless mirrors laughing and screaming as they parade about in an endless dream”. Whereas Lovecraft's weirdness draws predominantly from the abyssal depths of the uncharted universe, Ligotti's existential horror focuses on the awful proliferation of meaningless surfaces that is, the banal and every day function of representation. In an interview, Ligotti states: We don't even know what the world is like except through our sense organs, which are provably inadequate. It's no less the case with our brains. Our whole lives are motored along by forces we cannot know and perceptions that are faulty. We sometimes hear people say that they're not feeling themselves. Well, who or what do they feel like then? This is not to say that Ligotti sees nothing beneath the surface but that there is only darkness or blackness behind it, whether that surface is on the cosmological level or the personal. By addressing the implicit and explicit philosophical issues in Ligotti's work we will see that his nightmarish take on reality is a form of malevolent idealism, an idealism which is grounded in a real, albeit dark and obscure materiality. If Ligotti's horrors ultimately circle around mad perceptions which degrade the subject, it takes aim at the vast majority of the focus of continental philosophy. While Lovecraft's acidic materialism clearly assaults any romantic concept of being from the outside, Ligotti attacks consciousness from the inside: Just a little doubt slipped into the mind, a little trickle of suspicion in the bloodstream, and all those eyes of ours, one by one, open up to the world and see its horror [...] Not even the solar brilliance of a summer day will harbor you from horror. For horror eats the light and digests it into darkness. Clearly, the weird fiction of Lovecraft and Ligotti amount to a anti-anthrocentric onslaught against the ramparts of correlationist continental philosophy. /3/ – Shoggothic Materialism or the Formless Formless protoplasm able to mock and reflect all forms and organs and processes—viscous agglutinations of bubbling cells—rubbery fifteen-foot spheroids infinitely plastic and ductile—slaves of suggestion, builders of cities—more and more sullen, more and more intelligent, more and more amphibious, more and more imitative—Great God! What madness made even those blasphemous Old Ones willing to use and to carve such things? H.P. Lovecraft. “At the Mountains of Madness” On the other hand, affirming that the universe resembles nothing and is only formless amounts to saying that the universe is something like a spider or spit. Georges Bataille. “Formless”. The Shoggoths feature most prominently in H.P. Lovecraft's shortstory “At the Mountains of Madness” where they are described in the following manner: It was a terrible, indescribable thing vaster than any subway train – a shapeless congeries of protoplasmic bubbles, faintly self -luminous, and with myriads of temporary eyes forming and un-forming as pustules of greenish light all over the tunnel-filling front that bore down upon us, crushing the frantic penguins and slithering over the glistening floor that it and its kind had swept so evilly free of all litter. The term is a litmus test for materialism itself as the Shoggoth is an amorphous creature. The Shoggoths were living digging machines bio engineered by the Elder Things, and their protoplasmic bodies being formed into various tools by their hypnotic powers. The Shoggoths eventually became self aware and rose up against their masters in an ultimately failed rebellion. After the Elder Ones retreated into the oceans leaving the Shoggoths to roam the frozen wastes of the Antarctic. The onto-genesis of the Shoggoths and their gross materiality, index the horrifyingly deep time of the earth a concept near and dear to Lovecraft's formulation of horror as well as the fear of intelligences far beyond, and far before, the ascent of humankind on earth and elsewhere. The sickly amorphous nature of the Shoggoths invade materialism at large, where while materiality is unmistakably real ie not discursive, psychological, or otherwise overly subjectivist, it questions the relation of materialism to life. As Eugene Thacker writes: The Shoggoths or Elder Things do not even share the same reality with the human beings who encounter them—and yet this encounter takes place, though in a strange no-place that is neither quite that of the phenomenal world of the human subject or the noumenal world of an external reality. Amorphous yet definitively material beings are a constant in Lovecraft's tales. In his tale “The Dream-Quest of Unknown Kadatth” Lovecraft describes Azathoth as, “that shocking final peril which gibbers unmentionably outside the ordered universe,” that, “last amorphous blight of nethermost confusion which blashphemes and bubbles at the centre of all infinity,” who, “gnaws hungrily in inconceivable, unlighted chambers beyond time”. Azathoth's name may have multiple origins but the most striking is the alchemy term azoth which is both a cohesive agent and a acidic creation pointing back to the generative and the decayed. The indistinction of generation and degradation materially mirrors the blur between the natural and the unnatural as well as life and non-life. Lovecraft speaks of the tension between the natural and the unnatural is his short story “The Unnameable.” He writes, “if the psychic emanations of human creatures be grotesque distortions, what coherent representation could express or portray so gibbous and infamous a nebulousity as the spectre of a malign, chaotic perversion, itself a morbid blasphemy against Nature?”. Lovecraft explores exactly the tension outlined at the beginning of this chapter, between life and thought. At the end of his short tale Lovecraft compounds the problem as the unnameable is described as “a gelatin—a slime—yet it had shapes, a thousand shapes of horror beyond all memory”. Deleuze suggests that becoming-animal is operative throughout Lovecraft's work, where narrators feel themselves reeling at their becoming non-human or of being the anomalous or of becoming atomized. Following Eugene Thacker however, it may be far more accurate to say that Lovecraft's tales exhibit not a becoming-animal but a becoming-creature. Where the monstrous breaks the purportedly fixed laws of nature, the creature is far more ontologically ambiguous. The nameless thing is an altogether different horizon for thought. The creature is either less than animal or more than animal – its becoming is too strange for animal categories and indexes the slow march of thought towards the bizarre. This strangeness is, as aways, some indefinite swirling in the category of immanence and becoming. Bataille begins “The Labyrinth” with the assertion that being, to continue to be, is becoming. More becoming means more being hence the assertion that Bataille's barking dog is more than the sponge. This would mean that the Shoggotth is altogether too much being, too much material in the materialism. Bataille suggests that there is an immanence between the eater and the eaten, across the species and never within them. That is, despite the chaotic storm of immanence there must remain some capacity to distinguish the gradients of becoming without reliance upon, or at least total dependence upon, the powers of intellection to parse the universe into recognizable bits, properly digestible factoids. That is, if we undo Deleuze's aforementioned valorization of sense which, for his variation of materialism, performed the work of the transcendental, but refuse to reinstate Kant's transcendental disjunction between thing and appearance, then it must be a quality of becoming-as-being itself which can account for the discernible nature of things by sense. In an interview with Peter Gratton, Jane Bennett formulates the problem thusly: What is this strange systematicity proper to a world of Becoming? What, for example, initiates this congealing that will undo itself? Is it possible to identify phases within this formativity, plateaus of differentiation? If so, do the phases/plateaus follow a temporal sequence? Or, does the process of formation inside Becoming require us to theorize a non-chronological kind of time? I think that your student’s question: “How can we account for something like iterable structures in an assemblage theory?” is exactly the right question. Philosophy has erred too far on the side of the subject in the subject-object relation and has furthermore, lost the very weirdness of the non-human. Beyond this, the madness of thought need not override. /4/ - Ventriloquial Idealism or the Externality of Thought My aim is the opposite of Lovecraft's. He had an appreciation for natural scenery on earth and wanted to reach beyond the visible in the universe. I have no appreciation for natural scenery and want the objective universe to be a reflection of a character. Thomas Ligotti. “Devotees of Decay and Desolation.” Unless life is a dream, nothing makes sense. For as a reality, it is a rank failure [….] Horror is more real than we are. Thomas Ligotti. “Professor Nobody's Little Lectures on Supernatural Horror”. Thomas Ligotti's tales are rife with mannequins, puppets, and other brainless entities which of replace the valorized subject of philosophy – that of the free thinking human being. His tales such as “The Dream of the Manikin” aim to destroy the rootedness of consciousness. James Trafford has connected the anti-egoism of Ligotti to Thomas Metzinger – where the self is at best an illusion and we plead desperately for someone else to acknowledge that we are real. Trafford has stated it thus, “Life is played out as an inescapable puppet show, an endless dream in which the puppets are generally unaware that they are trapped within a mesmeric dance of whose mechanisms they know nothing and over which they have no control”. An absolute materialism, for Ligotti, implies an alienation of the idea which leads to a ventriloquil idealism. As Ligotti notes in an interview, “the fiasco and nightmare of existence, the particular fiasco and nightmare of human existence, the sense that people are puppets of powers they cannot comprehend, etc.” And then further elaborates that,“[a]ssuming that anything has to exist, my perfect world would be one in which everyone has experienced the annulment of his or her ego. That is, our consciousness of ourselves as unique individuals would entirely disappear”. The externality of the idea leads to the unfortunate consequence of consciousness eating at itself through horror which, for Ligotti, is more real than reality and goes beyond horror-as-affect. Beyond this, taking together with the unreality of life and the ventriloquizing of subjectivity, Ligotti's thought becomes an idealism in which thought itself is alien and ultimately horrifying. The role of human thought and the relation of non-relation of horror to thought is not completely clear in Ligotti's The Conspiracy Against the Human Race. Ligotti argues in his The Conspiracy Against the Human Race,that the advent of thought is a mistake of nature and that horror is being in the sense that horror results from knowing too much. Yet, at the same time, Ligotti seems to suggest that thought separates us from nature whereas, for Lovecraft, thought is far less privileged – mind is just another manifestation of the vital principal, it is just another materialization of energy. In his brilliant “Prospects for Post-Copernican Dogmatism” Iain Grant rallies against the negative definition of dogmatism and the transcendental, and suggests that negatively defining both over-focuses on conditions of access and subjectivism at the expense of the real or nature. With Schelling, who is Grant's champion against the subjectivist bastions of both Fichte and Kant, Ligotti's idealism could be taken as a transcendental realism following from an ontological realism. Yet the transcendental status of Ligotti's thought move towards a treatment of the transcendental which may threaten to leave beyond its realist ground. Ligotti states: Belief in the supernatural is only superstition. That said, a sense of the supernatural, as Conrad evidenced in Heart of Darkness, must be admitted if one's inclination is to go to the limits of horror. It is the sense of what should not be- the sense of being ravaged by the impossible. Phenomenally speaking, the super-natural may be regarded as the metaphysical counterpart of insanity, a transcendental correlative of a mind that has been driven mad. Again, Ligotti equates madness with thought, qualifying both as supernatural while remaining less emphatic about the metaphysical dimensions of horror. The question becomes one of how exactly the hallucinatory realm of the ideal relates to the black churning matter of Lovecraft's chaos of elementary particles. In his tale “I Have a Special Plan for This World” Ligotti formulates thus: A: There is no grand scheme of things. B: If there were a grand scheme of things, the fact – the fact – that we are not equipped to perceive it, either by natural or supernatural means, is a nightmarish obscenity. C: The very notion of a grand scheme of things is a nightmarish obscenity. Here Ligotti is not discounting metaphysics but implying that if it does exist the fact that we are phenomenologically ill-equipped to perceive that it is nightmarish. For Ligotti, nightmare and horror occur within the circuit of consciousness whereas for Lovecraft the relation between reality and mind is less productive on the side of mind. It is easier to ascertain how the Kantian philosophy is a defense against the diseases of the head as Kant armors his critical enterprise from too much of the world and too much of the mind. The weird fiction of both Lovecraft and Ligotti demonstrates that there is too much of both feeding into one another in a way that corrodes the Kantian schema throughly, breaking it down into a dead but still ontologically potentiated nigredo. The haunting, terrifying fact of Ligotti's idealism is that the transcendental motion which brought thought to matter, while throughly material and naturalized, brings with it the horror that thought cannot be undone without ending the material that bears it either locally or completely. Thought comes from an elsewhere and an elsewhen being-in-thought. The unthinkable outside thought is as maddening as the unthought engine of thought itself within thought which doesn't exist except for the mind, the rotting décor of the brain. /5/ - Hyperstitional Transcendental Paranoia or Self -Expelled Thought Weird fiction has been given some direct treatment in philosophy in the mad black Deleuzianism of Nick Land. Nick Land along with others in the 1990s created the Cyber Culture Research Unit as well as the research group Hyperstition. The now defunct hyperstitional website, an outgrowth of the Cyber Culture Research Unit, defined hyperstition in the following fourfold: 1-Element of effective culture that makes itself real. 2-Fictional quantity functional as a time-traveling device. 3-Coincidence intensifier. 4-Call to the Old Ones. The distinctively Lovecraftian character of hyperstition is hard to miss as is its Deleuzo-Guattarian roots. In the opening pages of A Thousand Plateaus Deleuze and Guattari write, “We have been criticized for over-quoting literary authors. But when one writes, the only question is which other machine the literary machine can be plugged into”. The indisinction of literature and philosophy mirrors the mess of being and knowing as post-correlationist philosophy, where philosophy tries to make itself real where literature, especially the weird, aims itself at the brain-circuit of horror. The texts of both Lovecraft and Ligotti work through horror as epistemological plasticity meeting with proximity as well as the deep time of Lovecraft and the glacially slow time of paranoia in Ligotti. Against Deleuze, and following Brassier, we cannot allow the time of consciousness, the Bergsonian time of the duree, to override natural time, but instead acknowledge that it is an unfortunate fact of existence as a thinking being. Horror-time, the time of consciousness, with all its punctuated moments and drawn out terrors, cannot compare to the deep time of non-existence both in the unreachable past and the unknown future. The crystalline cogs of Kant's account of experience as the leading light for the possibility of metaphysics must be throughly obliterated. His gloss of experience in Prolegomena to any Future Metaphysics could not be more sterile: Experience consists of intuitions, which belong to the sensibility, and of judgments, which are entirely a work of the understanding. But the judgments which the understanding makes entirely out of sensuous intuitions are far from being judgments of experience. For in the one case the judgment connects only the perceptions as they are given in sensuous intuition [....] Experience consists in the synthetic connection of appearances in consciousness, so far as this connection is necessary. Here it is difficult to dismiss the queasiness that Kant's legalism induces upon sight for both Badiou and David-Menard. Kant's thought becomes, as Foucault says when reflecting on Sade's text in relation to nature, “the savage abolition of itself”. For Badiou, Kant's philosophy simply closes off too much of the outside, freezing the world of thought in an all too limited formalism. Critical philosophy is simply the systematized quarantine on future thinking, on thinking which would threaten the formalism which artificially grants thought its own coherency in the face of madness. Even the becoming-mad of Deleuze, while escaping the rumbling ground, makes grounds for itself, mad grounds but grounds which are thinkable in their affect. The field of effects allows for Deleuze's aesthetic and radical empiricism, in which effects and/or occasions make up the material of the world to be thought as a chaosmosis of simulacra. Given a critique of an empiricism of aesthetics, of the image, it may be difficult to justify an attack on Kantian formalism with the madness of literature, which does not aim to make itself real but which we may attempt to make real. That is, how do Lovecraft's and Ligotti's materials, as materials for philosophy to work on, differ from either the operative formalisms of Kant or the implicitly formalized images of Deleuzian empiricism? It is simply that such texts do not aim to make themselves real, and make claims to the real which are more alien to us than familiar, which is why their horror is immediately more trustworthy. This is the madness which Blanchot discusses in The Infinite Conversation through Cervantes and his knight – the madness of book-life, of the perverse unity of literature and life a discussion which culminates in the discussion of one of the weird's masters, that of Kafka. The text is the knowing of madness, since madness, in its moment of becoming-more-mad, cannot be frozen in place but by the solidifications of externalizing production. This is why Foucault ends his famous study with works of art. Furthermore extilligence, the ability to export the products of our maligned brains, is the companion of the attempts to export, or discover the possibility of intelligences outside of our heads, in order for philosophy to survive the solar catastrophe. To borrow again from Deleuze, writing is inseparable from becoming. The mistake is to believe that madness is reabsorbed by extilligence, by great works, or that it could be exorcised by the expelling of thought into the inorganic or differently organic. Going out of our heads does not guarantee we will no longer mean we cannot still go out of our minds. This is simply because of the outside, of matter, or force, or energy, or thing-in-itself, or Schopenhauerian Will. In Lovecraft’s “The Music of Erich Zahn” an “impoverished student of metaphysics” becomes intrigued by strange viol music coming from above his room. After meeting the musician the student discovers that each night he plays frantic music at a window in order to keep some horridness at bay, some “impenetrable darkness with chaos and pandemonium”. The aesthetic defenses provided by the well trained brain can bear the hex of matter for so long, the specter of unalterability within it which too many minds obliterate, collapsing everything before the thought of thought as thinkable or at least noetically mutable on our own terms. Transcendental paranoia is the concurrent nightmare and promise of Paul Humphrey's work, of being literally out of our minds. It is the gothic counterpart of thinking non-conceptually but also of thinking never belonging to any instance of purportedly solid being. As Bataille stated, “At the boundary of that which escapes cohesion, he who reflects within cohesion realizes there is no longer any room for him” Thought is immaterial only to the degree that it is inhuman, it is a power that tries, always with failure, to ascertain its own genesis. Philosophy, if it can truly return to the great outdoors, if it can leave behind the dead loop of the human skull, must recognize not only the non-priority of human thought, but that thought never belongs to the brain that thinks it, thought comes from somewhere else. To return to the train image from the beginning “a locomotive rolling on the surface of the earth is the image of continuous metamorphosis” this is the problem of thought, and of thinking thought, of being no longer able to isolate thought, with only a thought-formed structure. [1] One of the central tenets of Francois Laruelle's non-philosophy is that philosophy has traditionally operated on material already presupposed as thinkable instead of trying to think the real in itself. Philosophy, according to Laruelle, remains fixated on transcendental synthesis which shatters immanence into an empirical datum and an a prori factum which are then fused by a third thing such as the ego. For a critical account of Laruelle's non-philosophy see Ray Brassier's Nihil Unbound. (shrink)

ABSTRACTThis article critiques contemporary applications of the computational metaphor, popular among Silicon Valley technologists, that views individuals and culture through the lens of computer and information systems. Taken literally, this metaphor has become entrenched as a quasi-religious ideology that obscures the moral and political-economic gatekeeping power of technology elites. Through an examination of algorithmic processing applications and life-logging devices, the authors highlight the inequitable consequences of the tendency, in popular media and marketing rhetoric, to collapse the distinctions between processing (...) and judgment, storage and memory. Such distinctions are necessary for an ethical development of more equitable digital environments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:John Dewey & Moral ImaginationWilliam T. MyersJohn Dewey & Moral Imagination, by Steven Fesmire. Bloomington and Indianapolis: Indiana University Press, 2003, 167 pp., $19.95 paper.The resurgence of interest in pragmatism, especially in regard to the work of John Dewey, has been ongoing for several decades now. In addition to the development of neo-pragmatism with its appreciation of the deconstructive side of Dewey, there have also been (...) numerous books written on the constructive side of pragmatism, including pragmatist aesthetics, metaphysics, politics, and education. An interest in pragmatist ethics, though later coming, seems to be picking up some steam at last, and Steven Fesmire's book, John Dewey & Moral Imagination, is an important contribution to that burgeoning area of inquiry.While Fesmire's book is not a full-blown account of a Deweyan moral theory, a fact he makes clear from the [End Page 107] outset, it is an insightful and important development of the role of aesthetics, inquiry, and imagination within a Deweyan framework. Fesmire is not interested in simply explicating Dewey's view of imagination, but in further developing Dewey's sometimes cryptic comments on the subject. But even more than that, Fesmire explicitly notes that he is going beyond Dewey, though Dewey is his starting point (p. 4). And in this enterprise, the book is successful, as Fesmire's development is very much in the spirit of Dewey's empiricism. That having been said, however, there are some elements of Dewey's ethics that I believe are important to Fesmire's interpretation, but do not receive enough attention in his book. In addition, the centrality of imagination seems somewhat overstated, sometimes to the detriment of other central notions. I will address these concerns later.In the Introduction, Fesmire states three interrelated theses that he builds a case for: "(1) Moral character, belief, and reasoning are inherently social, embodied, and historically situated; (2) Moral deliberation is fundamentally imaginative and historically situated; (3) Moral conduct is helpfully conceived on the model of aesthetic perception and artistic creation" (p. 4). He goes on to note that the first two are clearly and articulately defended by Dewey, and the third is "inspired" by him, but, clearly, this latter one he sees as a further development of Dewey's ethics.In order to build his case, Fesmire spends Part I of the book elaborating the "pragmatic turn" and its conception of "character, belief, inquiry, and intelligence" (p. 4). This first part is necessary in order to keep the second, more developmental part from seeming a piecemeal dialogue with traditional ethical theories. In other words, Part I contextualizes Part II.In the opening chapter, "Habit and Character," Fesmire contrasts the Deweyan notion of character with the traditional atomistic conception of the individual. As Dewey points out, it isn't that moral conduct ought to be social; rather it is social by its very nature (p. 13). Indeed, character and habits are socially derived from our cultural context. Moral inquiry is, then, social at its very base. Using the example of Studs Lonigan, Fesmire continues to develop these notions through a fascinating discussion of the James T. Farrell character. The application of the Deweyan notion of character and habit is a natural fit here, given that Farrell wrote his trilogy as an explicit exploration of Dewey's notion of habit. Through this discussion, we see the ongoing struggle of the individual and the environment, with the ultimate lesson learned being that one cannot be separated from the other, though either can be destructive of the other. Fesmire then applies this same essential idea to nature and culture. As Fesmire notes, "Dewey's goal was to break down the barriers that separate nature from culture, to show that biological drives are transmuted by social life, that neither impulse nor culture simply trumps the other, and that culture lends itself as much to intelligent conservation and critical redirection as to transmission" (p. 23). The lesson to learn from all of this is that the individual is not, as much traditional moral theory has supposed, a detached decision maker who can, by a simple act of will, follow some categorical imperative. Indeed, "[i]ndividuals... (shrink)

One of the societal problems in a new influenza pandemic will be how to use the scarce medical resources that are available for prevention and treatment, and what medical, epidemiological and ethical justifications can be given for the choices that have to be made. Many things may become scarce: personal protective equipment, antiviral drugs, hospital beds, mechanical ventilation, vaccination, etc. In this paper I discuss two general ethical principles for priority setting (utility and equity) and explain how these principles will (...) often point in diverging directions. Moreover, each of these principles can be understood in different, again often competing, ways. Notwithstanding these controversies and conflicts, in the context of pandemic response there are at least some points of convergence: several policies can be justified by appeal to different ethical principles and theories. Convergence may be found with respect to a focus on saving the most lives (instead of other aggregative accounts); giving priority antiviral prophylaxis and therapy for life-saving pandemic responders; and, partly depending on epidemiology of the pandemic, to prioritise vaccination of children. Although decision-making about access to intensive care will involve choices with immediate tragic implications, the ethical complexity of these choices is relatively modest (although decisions will not be easy): there are persuasive moral reasons for giving priority to patients who are expected to benefit most within the shortest time. Finally, in the last section I tentatively argue that constraints on people’s freedom, as necessary for an effective public health approach, may support giving somewhat more weight to saving the most lives, than to concerns of equity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:To Bear Man's Greatness:On the Moral-Theological Message of a Recent Document of the Congregation for the Doctrine of the Faith, Samaritanus Bonus1Andrzej KucinskiBackground and ObjectiveWhen, in 1582, Camillus de Lellis, the later-canonized founder of the Order of Camillians, the "servants of the sick," had the inspiration to found a society of men who would serve the sick for religious motives,2 the revolutionary nature of such a decision was (...) clear. An unprecedented hope broke into the world of the hopelessly marginalized, who did not have sufficient means to be cared for at home, and therefore had to go to hospitals, where they were often assisted only by untrained caregivers, who did so under obligation because they were either criminals or compelled by economic need to perform such menial service. This hope consisted in the message that the love of God urges the voluntary and sacrificial service of dedication to the sick, and especially to those who will not recover from their illness. However, this service should be holistic, because the welfare of the needy encompasses all the dimensions of the human person: the body and the soul, but also the spirit.The letter of the Congregation for the Doctrine of the Faith (CDF) Samaritanus Bonus, dated July 14, 2020—the liturgical day of commemoration of Camillus of Lellis—on the care of persons in the critical and [End Page 753] terminal phases of life, seeks to promote the same concern for comprehensive service to the sick out of respect for the divinely anchored dignity of the human person. The letter suggests that it is this dignity, and therefore the incomparable greatness of each human being, that makes it necessary, contrary to any logic of efficiency and a cost–benefit calculation, to persevere at the side of the (terminally) ill until their natural death.This article aims to highlight some (in the author's opinion) central elements of this letter, and to comment on them specifically against the background of the magisterial positions underlying the document. For this purpose, I will often quote Robert Spaemann, the German philosopher who died in 2018 and whose ethical views appear in parts as well suited to illuminate from the ethical point of view the foundations of thought of the universal Church magisterium with regard to the relevant topics and to prepare these foundations for a scientific discussion. However, it is explicitly not the aim here to engage in such a discussion or to analyze the already existing relevant contributions. Rather, it is to deepen the current Church teaching in certain aspects on the basis of this new document. In this sense, contributions from the press conference on its presentation on September 22, 2020, will also be drawn upon. After the exploration of what one could understand as "core" of the letter according to a certain reading of the document, some concretizations follow under the guiding perspective of the "Catholic" approach to the terminally ill.The Core of the DocumentThe structure of Samaritanus Bonus will be briefly described: An introduction, in which above all the need for magisterial intervention is justified, is followed by chapter 1, on the comprehensive character of the care which is always possible for persons in critical states, according to the principle that "the judgement that an illness is incurable cannot mean that care has come at an end" (8).3 Chapter 2 then further explicates the grounds of Christian hope in the face of approaching death, starting from the mystery of the Crucified, with special reference to those who stay around him at the moment of the Passion. Chapter 3 recalls the positive meaning of human life as an expression of inalienable human dignity and as the source of certain imperatives in dealing with it. A clear reference to the proclamation [End Page 754] of Pope Francis is made in chapter 4, which explains some "cultural obstacles" to the recognition of the "sacred value of every human life." Finally, chapter 5 (the longest) addresses individual bioethical, medical-ethical, legal, pastoral, and educational issues related to care at critical stages of life.In substance, the doctrine set forth in the new document... (shrink)

This book develops a novel multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies which may be populated by liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents alike. The book draws on the history of the social contract tradition, especially the work of (...) Hobbes, Hume, Kant, Rawls, and Gauthier, as well as on the work of some of the critics of this tradition, such as Sen and Gaus. The two-level contractarian theory holds that morality in its best contractarian version for the conditions of deeply morally pluralistic societies entails Humean, Hobbesian, and Kantian moral properties. The theory defines the minimal behavioral restrictions that are necessary to ensure, compared to violent conflict resolution, mutually beneficial peaceful long-term cooperation in deeply morally pluralistic societies. The theory minimizes the problem of compliance for morally diverse societies by maximally respecting the interests of all members of society. Despite its ideal nature, the theory is, in principle, applicable to the real world and, for the conditions described, most promising for securing mutually beneficial peaceful long-term cooperation in a world in which a fully just society, due to moral diversity, is unattainable. If Rawls’ intention was to carry the traditional social contract argument to a higher level of abstraction, then the two-level contractarian theory brings it back down to earth. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Defense of Fundamental Principles and Human Rights: A Reply to Robert Baker *Ruth Macklin (bio)AbstractThis article seeks to rebut Robert Baker’s contention that attempts to ground international bioethics in fundamental principles cannot withstand the challenges posed by multiculturalism and postmodernism. First, several corrections are provided of Baker’s account of the conclusions reached by the Advisory Committee on Human Radiation Experiments. Second, a rebuttal is offered to Baker’s claim (...) that an unbridgeable moral gap exists between Western individualism and non-Western communalism. In conclusion, this article argues that Baker’s “nonnegotiable primary goods” cannot do the work of “classical human rights” and that the latter framework is preferable from both a practical and a theoretical standpoint.Robert baker has written two interesting and thoughtful essays in support of his theory of international bioethics (Baker 1998a & b). Both essays are rich in content and comprehensive in scope. In the first of the two, “Multiculturalism, Postmodernism, and the Bankruptcy of Fundamentalism”—hereafter, “Multiculturalism”—Baker argues that attempts to ground international bioethics in fundamental principles cannot withstand the challenges posed by multiculturalism and postmodernism. As one of the bioethicists whose writings are the object of Baker’s critique, I undertake in this reply first, to elaborate my own position and to comment on related aspects of Baker’s thesis. 1 Next, I offer some corrections of Baker’s account of the conclusions reached by the Advisory Committee on Human Radiation Experiments, of which I was a member. Finally, I compare Baker’s “nonnegotiable [End Page 403] primary goods” with “classical human rights” and conclude that the latter framework is preferable from both a practical and a theoretical standpoint.In his second essay, “The Negotiable and the Non-Negotiable”—hereafter, “The Negotiable”—Baker puts forth a positive theory designed to meet the challenges of multiculturalism and postmodernism and, at the same time, to justify transcultural and transhistorical moral judgments. Baker (1998a, p. 203) describes his theoretical model as an effort “to validate the conception of international bioethics as a continually renegotiated moral order.” Although I find Baker’s proposal intriguing, I believe his rejection of fundamental principles can result in an unacceptable ethical relativism. To abandon “classical human rights,” along with the fundamental moral principles from which they derive, opens the door to all forms of cultural oppression in the name of “the most fundamental of all human rights, the right to define primacy for oneself” (Baker 1998b, p. 246). Alternatively, one can view Baker’s “nonnegotiable primary goods” as virtually equivalent to classical human rights, but much more difficult to identify, both theoretically and practically.Moral FundamentalismThe difference between my defense of universal moral principles and Baker’s critique rests, at least in part, on an interpretation of what is meant by “moral fundamentalism.” (I must confess to a distaste for the ‘ism’ because of the connotations and consequences of fundamentalism in other spheres.) Baker (1998a, p. 203) defines “moral fundamentalism” as the position “that certain basic or fundamental moral principles are accepted in all eras and cultures and thus are universally applicable to agents and actions in any era or culture.” A central feature of this definition is the requirement that all eras and cultures accept these fundamental moral principles. By this definition, the position I embrace does not count as “moral fundamentalism,” because I maintain that certain fundamental moral principles ought to be binding on all cultures or societies even if those cultures or societies do not accept them. 2 Universal acceptance is not a necessary condition for universal applicability.Part of the problem with Baker’s (and probably also my own) analysis is that it shifts constantly and imperceptibly back and forth between a variety of concepts: “moral principles,” “ethical standards,” “morality,” and “moral judgments.” In one instance, Baker (1998a, p. 209) notes my citation of a remark of Ruth Benedict (1934) that “morality differs in [End Page 404] every society.” That is what Ruth Benedict wrote; but nowhere did she specify that she had moral principles in mind. Indeed, her complete sentence reads as follows: “Morality differs in every society and is a convenient term for socially approved habits” (Benedict 1934, emphasis added... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 305-306 [Access article in PDF] Fichte, J. G. Foundations of Natural Right according to the Principles of the Wissenschaftslehre. Edited by Frederick Neuhouser. Translated by Michael Baur. Cambridge Texts in the History of Philosophy. New York: Cambridge University Press, 2000. Pp. xxxv + 338. Cloth, $64.95; Paper, $22.95. Though best known for his immensely influential effort to "systematize" Kant's Critical philosophy (...) and to ground the same upon a transcendental analysis of the structure of self-consciousness, Fichte also made seminal contributions to social and political philosophy. Of these contributions, the most original is surely his effort to demonstrate that mutual recognition of free subjects is a condition for the possibility of individual self-consciousness. This transcendental deduction of the essentially social or intersubjective character of human beings provides the theoretical underpinnings for a pure theory of Naturrecht ("natural law" or "natural right"), in which the principles of political philosophy are established without any reference to the purely practical principles of morality. Unlike moral laws, the principles of right are only hypothetically or conditionally valid, inasmuch as they are dependent upon one's free decision to live in a community of free beings and to limit one's own freedom accordingly.Justice and law are thereby grounded upon a new, distinctly political conception of [End Page 305] human freedom, which is itself grounded in a new account of the intersubjective dimension of self-consciousness. Following his deduction of the pure concept of right, Fichte proceeds to deduce the conditions for applyingthe same, among the most significant of which is embodiment. Here again, Fichte was a pioneer in arguing for the necessary connection between self-consciousness and the human body. The next step is to demonstrate in detail how social relations between embodied free agents must be organized if such agents are to co-exist in a community. This hypothetical application of the pure concept of right establishes both the "right of coercion" and the basic outlines of the "right of the state," and hence the general form of any legitimate state constitution.Though it appears that Fichte is working with the social contract tradition, his deductive strategy requires a fundamental revision of the same and allows him to construct a theory of the just state that is both recognizably "liberal" and extraordinarily open to considerations of economic justice and social welfare. It is for this reason that some European philosophers (notably, Luc Ferry and Alain Renaut) have in recent decades employed Fichte's political thought as a major resource in their effort to defend a rights-based political theory against attacks from both the right and the left.The primary source of Fichte's political philosophy is his 1796/97 Grundlage des Naturrecht, a work that exercised a decisive influence upon Hegel (whose Phenomenology of Spirit is often and incorrectly described as the first effort, within the context of post-Kantian Idealism, to demonstrate that intersubjectivity is a condition for the possibility of self-consciousness). Directly and indirectly (that is, through Hegel) Fichte's social and political philosophy exercised a strong influence upon Marx and other nineteenth- and twentieth-century socialists.For all of the above reasons, the appearance of a new and reliable English translation of Fichte's Grundlage des Naturrechts is a cause for celebration. Let it be said at once that Michael Baur's translation is simply marvelous. It is accurate and readable, as well as faithful to the style of this, one of Fichte's best-written works. Frederick Neuhouser's Introduction to this translation is equally fine. In it, Neuhouser not only outlines Fichte's main arguments and conclusions, but also offers a brief but trenchant critical appraisal of the historical significance of Fichte's achievement and of the potential relevance of his ideas to contemporary debates and discussions. The Introduction also includes a provocative and well-balanced discussion of some of the unresolved problems implicit in Fichte's arguments. Readers will also appreciate the useful "Guide to Further Reading," and index... (shrink)

Justice makes demands upon us. But these demands, important though they may be, are not the only moral demands that we face. Our lives ought to be responsive to other values too. However, some philosophers have identified an apparent tension between those values and norms, such as justice, that seem to transcend the arena of small-scale interpersonal relations and those that are most at home in precisely that arena. How, then, are we to engage with all of the values (...) and norms that we take to apply to us? In this article, I discuss one way that we might hope to resolve the tension and its relation to John Rawls's `basic structure restriction'. The prospect of resolution is offered by the idea of a `division of moral labour', according to which the pursuit of certain values is assigned to institutions and not to individuals. According to Rawls's basic structure restriction, principles of justice are applicable only to the institutions of the basic structure of society. The possibility of a connection between the division of moral labour and the basic structure restriction readily suggests itself. Taking G.A. Cohen's well-known `incentives' critique of the basic structure restriction as a starting point, I consider five ways in which that restriction might be defended by appeal to the division of moral labour. I conclude that none of these defences succeeds, for none convinces that the conditions in which it makes sense to apply the division of moral labour idea obtain for Rawls's conception of distributive justice. Although the division of moral labour is an attractive proposal, it can do no work in a Rawlsian context. Key Words: Cohen • distributive justice • egalitarian ethos • equality • Rawls. (shrink)

Teaching mathematics and improving mathematics competence are pending subjects within our educational system. The PEIM (Programa Evolutivo Instruccional para Matemáticas), a constructivist intervention program for the improvement of mathematical performance, affects the different agents involved in math learning, guaranteeing a significant improvement in students’ performance. The program is based on the following pillars: (a) students become the main agents of their learning by constructing their own knowledge; (b) the teacher must be the guide to facilitate and guarantee such a construction (...) by being a great connoisseur of the fundamental aspects of the development of the child’s mathematical thinking; (c) the mathematical contents must be sequenced in terms of the complexity and significance for the student as well as contextualized at all times; and (d) the classroom must have a constructivist climate highlighting cooperative work among students. The implementation of PEIM along with the empirical evaluation conducted in several centers in Madrid and Zaragoza (Spain) confirm how students improve their mathematical competence. Both first- and second-grade students in elementary education were far more effective in solving problems, highlighting the use of more advanced strategies in their resolution and a lower incidence of conceptual errors. Moreover, it was possible to verify how the students proving greater difficulty, experienced an evolution in learning similarly to those who did not present it. The program provides customized education to allow the teacher to know at all times how he should be more influential on the students’ learning through mathematical profiles. Both teaching practice and teachers were observed, being that of the experimental group more prone to analyzing processes and allowing the construction of knowledge by students, due to their psycho-developmental training. As a result, we found several improvements through the implementation of the program that may serve, for upcoming years, as a basis for the necessary changes in the teaching of mathematics. (shrink)

There is a widespread feeling that health is special; the rules that are usually used in other policy areas are not applied in health policy. Health economists, for example, tend to be reluctant to offer economists’ usual prescription of competition and consumer choice, even though they have largely failed to justify this reluctance by showing that health economics involves special features such as public goods, externalities, adverse selection, poor consumer information, or unusually severe consequences. Similarly, while some philosophers argue for (...) bioethical conclusions based on very general ethical intuitions,1 many others rely on moral intuitions that are specific to health and medicine to draw conclusions that are meant to apply mainly in health and medicine. For example, many authors appear to start from the strong moral intuition that it typically seems wrong to deny poor people access to health care, and then seek moral principles that can both account for such intuitions and justify the claim that people have some sort of right to health care.2 In metaethics, opinions on moral intuitions range from an extreme intuitionism, which accepts all case-specific moral intuitions at face value as reliable moral guides, to an extreme foundationalism, which rejects such intuitions as evidence regarding correct general moral principles. Between these extremes, opinions vary on how severe the errors in our moral intuitions are. The practice of bioethics seems to favor the extreme intuitionist end of this spectrum, and thus implicitly expects mild errors.3 In contrast, this essay will suggest that common practice in bioethics has seriously underestimated the errors in our moral intuitions. In this essay, I consider the evolutionary origin of our moral intuitions, but avoid the extreme positions of moral skepticism and “whatever evolved must be good,” both of which are commonly associated with evolution-. (shrink)

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

Turkey has a complex character, which has differences from the Western world or Eastern Asia as well as common points. Even after more than a century of efforts to modernise and integrate with the West, Turkish society has values that are different from those of the West, as well as having Western values. It is worth questioning whether ordinary Turkish people show an individualistic character. The principle of respect for individual autonomy arises from a perception of oneself as an (...) individual, and the person’s situation may affect the applicability of the principle. Patients who perceive themselves to be members of a community rather than free persons and who prefer to participate in the common decisions of the community and to consider the common interest and the common value system of the community concerning problems of their life rather than to decide as independent, rational individuals may not be competent to make an autonomous choice. Expectations that such patients will behave as autonomous individuals may be unjustified. The family, rather than the patient, may take a primary role in decisions. A flexible system considering cultural differences in the concept of autonomy may be more feasible than a system following strict universal norms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Intention and Wrongdoing: A Defense of the Principle of Double Effect by Joshua StuchlikMichael J. DegnanSTUCHLIK, Joshua. Intention and Wrongdoing: A Defense of the Principle of Double Effect. Cambridge: Cambridge University Press, 2021. xvi + 220 pp. Cloth, $99.99In this book Joshua Stuchlik vigorously defends the principle of double effect (PDE), which states, "There is a strict moral constraint against bringing about serious evil (...) (harm) to an innocent person intentionally, but it is permissible in a wider range of circumstances to act in a way that brings about serious evil incidentally, as a foreseen but non-intended side effect." After defining the terms of the principle and considering an intuitive case-based defense, he supports its truth based on a standard of solidarity. Since the PDE requires the distinction between intended consequences and nonintended side effects, he explains Elizabeth Anscombe's theory of intention, which supports the distinction's moral significance. He uses her theory to treat the closeness problem, the irrelevance of intention critique, and a challenge from Joshua Greene's empirical moral psychology that purports to undermine deontological constraints on causing harm.I present Stuchlik's grounding for the PDE followed by an uncontroversial example of its application. After this I consider two important objections to the PDE that Stuchlik critiques: the closeness problem and James Rachels's argument that intentions are irrelevant to judging the moral permissibility of actions. I conclude by examining Stuchlik's treatment of these challenges.Stuchlik interprets the PDE's very strict constraint against intentional killing or seriously harming the innocent as a near absolute prohibition, for he believes innocent persons are not suitable recipients of intentional harm. He grounds this constraint on the principle of solidarity. Being in solidarity with another is possessing concern for that other's sake. The ground for this concern is a shared human nature that enables members to think of themselves as making a "we." Human nature consists in the structured potentialities for knowing and freely choosing. Evidence of these rational potentialities is the human orientation toward the transcendent values of truth and goodness. Such embodied potentialities have inviolable worth.The scenarios of the precision bomber and the terror bomber illustrate the moral significance of the intended harm versus the nonintended but foreseen harm that Stuchlik adopts from Elizabeth Anscombe's action theory. Each bombers' goal is to help his country win a just war. The precision bomber pursues that goal by targeting a munitions factory. Though he foresees that many noncombatants will be killed or seriously [End Page 367] injured from the bomb, he does not necessarily intend these harms. By contrast, the terror bomber targets a civilian center necessarily intending harm for noncombatants. The PDE rules out his conduct.Anscombe's account of intention can lead to the problem of closeness in which the content of an intention is sufficiently fine-grained that an agent need not intend harm in almost any situation. Stuchlik illustrates the problem with Alexander Pruss's zookeeper scenario.An eccentric literalistic but always truthful magnate tells Sam he will donate to famine relief saving a hundred lives if and only if Sam follows his directions to the iota. Sam is to purchase a gun, sneak at night into a zoo owned by the magnate and kill the first mammal he sees. Sam sneaks into the zoo, sees a mammal in the distance, and forms the intention to shoot it. Then he notices that the mammal is human but shoots nonetheless on utilitarian grounds.In this case applying the PDE shows that Sam is simply intending that a mammal be killed. The fact that the mammal is a human is irrelevant, according to Anscombe's action theory.Stuchlik's response clarifies the scope of intention in the PDE. As stated above, the intention's content includes seriously harming an innocent human. However, if the intention ranges only over an intention to bring about an effect, E, and it turns out that E is a serious harm for an innocent human being, then applying the principle shows that Sam's action is wrong. The intended effect of killing the mammal is, as a matter of fact, an... (shrink)

Theistic metaethics usually places one key restriction on the explanation of moral facts, namely: every moral fact must ultimately be explained by some fact about God. But the widely held belief that moral truths are necessary truths seems to undermine this claim. If a moral truth is necessary, then it seems like it neither needs nor has an explanation. Or so the objection typically goes. Recently, two proponents of theistic metaethics — William Lane Craig (...) and Mark Murphy — have argued that this objection is flawed. They claim that even if a truth is necessary, it does not follow that it neither needs nor has an explanation. In this article, I challenge Craig and Murphy’s reasoning on three main grounds. First, I argue that the counterexamples they use to undermine the necessary truth objection to theistic metaethics are flawed. While they may provide some support for the notion that necessary truths can be explained, they do not provide support for the notion that necessary moral truths can be explained. Second, I argue that the principles of explanation that Murphy and Craig use to support theistic metaethics are either question-begging (in the case of Murphy) or improperly motivated (in the case of Craig). And third, I provide a general defence of the claim that necessary moral truths neither need nor have an explanation. (shrink)

This article critically re-examines the application of the principle of patient autonomy within bioethics. In complex societies such as those found in North America and Europe health care professionals are increasingly confronted by patients from diverse ethnic, cultural, and religious backgrounds. This affects the relationship between clinicians and patients to the extent that patients' deliberations upon the proposed courses of treatment can, in various ways and to varying extents, be influenced by their ethnic, cultural, and religious commitments. The (...) class='Hi'>principle of patient autonomy is the main normative constraint imposed upon medical treatment. Bioethicists typically appeal to the principle of patient autonomy as a means for generally attempting to resolve conflict between patients and clinicians. In recent years a number of bioethicists have responded to the condition of multiculturalism by arguing that the autonomy principle provides the basis for a common moral discourse capable of regulating the relationship between clinicians and patients in those situations where patients' beliefs and commitments do or may contradict the ethos of biomedicine. This article challenges that claim. I argue that the precise manner in which the autonomy principle is philosophically formulated within such accounts prohibits bioethicists' deployment of autonomy as a core ideal for a common moral discourse within multicultural societies. The formulation of autonomy underlying such accounts cannot be extended to simply assimilate individuals' most fundamental religious and cultural commitments and affiliations per se. I challenge the assumption that respecting prospective patients' fundamental religious and cultural commitments is necessarily always compatible with respecting their autonomy. I argue that the character of some peoples' relationship with their cultural or religious community acts to significantly constrain the possibilities for acting autonomously. The implication is clear. The autonomy principle may be presently invalidly applied in certain circumstances because the conditions for the exercise of autonomy have not been fully or even adequately satisfied. This is a controversial claim. The precise terms of my argument, while addressing the specific application of the autonomy principle within bioethics, will resonate beyond this sphere and raises questions for attempts to establish a common moral discourse upon the ideal of personal autonomy within multicultural societies generally. (shrink)

This paper aims to show that the notion of moral progress makes sense in Hume’s philosophy. And even though Hume suggests that this question is not central, in showing why it is not the case, I will conclude that, in concentrating on the question of the progress of civilisation, Hume was expressing a view on moral progress. To support this claim, I will begin by defending the claim that the notion of moral progress itself is consistent within (...) Hume’s philosophical principles. In brief, I will suggest that according to Hume, there are at least four ways in which an agent's morality can be modified: by a change of belief, by a will to change his own moral characteristics, by the government setting up rewards and punishment and by the progress of civilisation. The key to the problem will be to distinguish between the natural principles which direct human nature and the social nature of human beings, the first one being immutable, and the second being malleable. Drawing this distinction will allow us to reconcile the highly problematic notions of uniformity and diversity within human nature. Then, in correlation with the distinction between moral maxims and moral behaviour, I will suggest that both are subjects to improvement, even though the room left for the latter is greater. After having argued that the notion of moral progress makes sense, I will try to understand the role it plays in the Humean conception of the progress of civilisation. This will lead me to conclude that its conditions and its different states of development are for Hume intrinsically related to the progress of the civilisation in general. Furthermore, moral progress is secondary and relative to the general improvement of society. The morals of the people has no active role in its progress, contrary to politics, economics, sciences and arts which are the main causes of the gradual progress of improvement. Therefore, against Montesquieu, Hume considers the progress of “manners” and “customs” (i.e. moral behaviour or the moral worth of behaviour) as a consequence of the progress of civilisation, and not as its cause. Hume’s principal aim is to underline the process of civilisation, and to show the means by which it spreads though all the spheres of society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Good and Bad Ways to Think about Religion and Politics by Robert Benne, and: The Way of Peace: Christian Life in the Face of Discord by James M. Childs Jr.Bruce P. RittenhouseGood and Bad Ways to Think about Religion and Politics Robert Benne Grand Rapids, Mich.: Eerdmans, 2010. 127 pp. $14.00The Way of Peace: Christian Life in the Face of Discord James M. Childs Jr. Minneapolis: Fortress Press, (...) 2008. 149 pp. $19.00A comparison of Robert Benne’s Good and Bad Ways to Think about Religion and Politics and James Childs’s The Way of Peace illustrates the current divisions in political theology in the US Lutheran tradition. Benne’s book is a polemic aimed at the leadership of the mainline Protestant denominations and their mode of engagement with the American political process. In Benne’s account, these denominations draw too direct and exclusive a line between Christian faith and liberal political commitments; conversely, he sees greater agreement between core Christian norms and conservative political concerns. By contrast, Childs’s book provides an exegetical development of Christian norms of peace and peacemaking, followed by direct applications of Christian norms to public issues of economic justice and war that parallel the positions of secular liberals.Benne seeks to explore anew the issue of how Christians should interact with the political process. Unlike H. Richard Niebuhr, who undertook a similar project in Christ and Culture, Benne engages contemporary secular interpretations and critiques of religious engagement in politics. Benne rejects the strict separationist positions of the new atheists such as Richard Dawkins and the fusionist positions he attributes to Paul Tillich and the leadership of the contemporary mainline denominations in favor of a critical engagement model based on the Lutheran two kingdoms doctrine. Benne’s passion is not matched by the strength of his arguments. There is a straw man quality to his characterization of his antagonists. For example, Benne describes Tillich as seeing no difference between the demands of the Christian faith and democratic socialism. But Tillich explicitly recognizes the limitations of democratic [End Page 195] socialism in expressing Christian ideals and makes clear that his preference for this form of government is conditioned on a historical situation in which the alternatives are laissez-faire capitalism, fascism, and communism. Benne displays epistemological hubris when he questions mainstream scientific judgments. For example, he mocks the “alleged global warming consensus” (35) without offering any evidence that he possesses the necessary evidence or expertise to judge that consensus. He adds questionable historical claims, exaggerating Nazi persecution of Christians and minimizing the religious motivation of the European wars following the Reformation.Childs’s treatment of the question of how Christians are to engage in the US political process is even more problematic than Benne’s. His political prescriptions are written as if the problem did not exist, as if there existed a unified Christian polity fully faithful to its ideals that could express those ideals directly in the nation’s public policies. In this, there is a lack of the moral realism that Lutherans traditionally express through the doctrine that Christians are simul justus et peccator (at the same time justified and sinner). It is telling that the only sins that Childs acknowledges in the church are those that correspond to secular liberal norms: “racism, sexism, classism, and other forms of discrimination” (110). Childs’s representations of the church as holy, a community of peacemakers, and a sign of peace are normative not descriptive, effacing the traditional Lutheran distinction between the visible and invisible church. Childs also demonstrates a lack of political realism with respect to the influence of Christians in the American political process. In proposing that public policy be directed by Christian ideals, Childs either presupposes a significant conversion of our pluralistic society or he imagines that those not presently acting in the political process according to Christian moral principles can be persuaded to selflessness without conversion. The former position is not an empirical reality, and the latter contradicts the traditional Lutheran understanding of original sin, which holds that in the absence of faith human beings are curvatus in se, curved in upon themselves.Benne makes a... (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)