This chapter contains sections titled: Case Studies and Mid‐level Principles Justifying the Choice of an Ethical Theory References Further reading.

It is often claimed that science should be "value-free in that ethical, political, and social values have no legitimate role in the justification of scientific theories. Although such values may influence which hypotheses are pursued, or whether some application of scientific theories is desirable, they play no legitimate role in scientific reasoning. ;I argue against the view that all science ought to be value-free. Examining a range of cases from biology, epidemiology, pathology, and atmospheric sciences I show that (...) class='Hi'>ethical and political values can operate in cases widely agreed to be "good science." Drawing on recent work by Helen Longino and Phillip Kitcher, I argue that in many research contexts the goals of scientific research cannot be separated from ethical and political interests. As a result, there are at least four ways ethical and political value judgments can play a legitimate role in the justification of scientific theories. First, in certain research contexts, ethical and political values help justify and apply criteria for theory choice . Second, ethical and political aims of inquiry can give scientists reason to adopt conceptual frameworks that contain ethical or political normative content. In these contexts, ethical and political value judgments play a legitimate role as auxiliary hypotheses in generating evidential relations. Third, when scientific research has implications for public policy, scientists must weigh ethical values in determining which risks are "acceptable" in classifying data. Finally, ethical and political considerations can be relevant to evaluating whether an interpretation of data is biased. ;A consequence of my view is that, in some contexts, "value-free" science is not only impossible, but also epistemologically irresponsible. Good science will sometimes require scientists to weigh the ethical and political values at stake in their research. As a result, scientists should be trained to think critically about the ethical and political dimensions of their work. (shrink)

The article analyzes the theoretical foundations of the modern project of rational ethics, in which the ethics of discourse is interpreted as a critical theory of society and a critic of modern morality. I. Kant was one of the first to offer the possibility of generalizing the norms of morality and perception of ethics as a transcendental critique of morality. Neo-Kantianism develops ethics as the most important part of the philosophical system and fixes its scope by the idealistic (...) class='Hi'>theory of morality. In Russian philosophy, modern ethics is perceived as a normative theory that has to do with issues of self-determination, moral regulation, and freedom of choice. The origins of discourse ethics in the philosophy of the 20th century go back to the “pragmatic turn” and to vigorous discussions about hermeneutics of language and its a priori status in German philosophy, and in analytical philosophy regarding the understanding of metaetics. The modern program of ethics of discourse receives meaningful justification as the logic of moral argumentation in the social philosophy of J. Habermas and in the transcendental pragmatics K.-O. Apel. The ethics of discourse is born from the real need to justify moral requirements and norms. Ethics as a critique of moral argument is associated with the pre-reflexive horizon of the life world, why it is a deontological, formalistic and universal ethics. Two significant projects of discourse ethics, presented in the article as an analysis, should be defined as “weak and strong” variants of philosophical transcendental idealism in modern science. (shrink)

In this paper I put forward an ethical argument for the provision of extensive patient choice by the British National Health Service. I base this argument on traditional liberal rights to freedom of choice, on a welfare right to health care, and on a view of health as values-based. I argue that choice, to be ethically sustainable on this basis, must be values-based and rational. I also consider whether the British taxpayer may be persuadable with regard (...) to the moral acceptability of patient choice, making use of Rawls’ theory of political liberalism in this context. I identify issues that present problems in terms of public acceptance of choice, and also identify a boundary issue with regard to public health choices as against individual choices. (shrink)

Democracy is emerging as the political system of choice throughout the world. Peoples now freed from the shackles of totalitarian systems seek to share the benefits made possible by democracy in its "home bases" in North America and Western Europe. Yet, paradoxically, in the last decade liberal democracy has been subjected to an onslaught of criticism from thinkers at its "home bases". Criticisms of democracy have been informed by scholarship in feminism, postmodernism and communitarianism as well as the revived (...) interest in applying ethics to public policy. These criticisms raise important questions about the traditional values - liberalism, neutrality or equality, autonomy, and human rights - thought to justify democracy. They also raise questions about the success of democratic systems in promoting alternative values and in protecting lifestyles not desired by majorities. This anthology contains essays by authors at the forefront of the controversy as well as by acute observers of the processes by which "democratic" public policy is formed. The essays include criticisms of democratic theory and practice, defences of liberalism (the set of values often thought to ground democracy), calls for major revisions of democratic institutions and practices, and recommendations for new ways of understanding our rights and responsibilities as members of democratic communities. Show More Show Less. (shrink)

The problem of theory choice and model selection is hard but still important when useful truths are underdetermined, perhaps not by all kinds of data but by the kinds of data we can have access to ethically or practicably—even if we have an infinity of such data. This article addresses a crucial instance of that problem: the problem of inferring causal structures from nonexperimental, nontemporal data without assuming the so-called causal Faithfulness condition or the like. A new account (...) of epistemic evaluation is developed to solve that problem and justify a standard practice of causal inference in data science. (shrink)

In symmetrical moral dilemmas, the agent faces a choice between two incompatible actions, which are equally justified on the basis of the same value. These cases are generally discounted as spurious or irrelevant on the assumption that, when there is no failure of commensurability, choice between symmetrical requirements is indifferent and can be determined by randomization. Alternatively, this article argues that the appeal to randomization allows the agent to overcome a deliberative impasse, but it does not really resolve (...) the moral dilemma. This is because randomization fails to provide the agent with a genuine reason for action. The argument is based on an account of arbitrariness as a threat to the agent’s authorship on action. By focusing on lack of authorship, rather than on failure of commensurability, we gain the adequate perspective to assess the philosophical significance of moral dilemmas, their impact on the agential integrity, and their consequences for ethical theory. (shrink)

Arguments concerning central issues of contemporary Medical Ethics often not only bear similarities, but also derive their sheer essence from notions which belong to the celebrated history of Ethics. Thus, argumentation pro euthanasia and assisted suicide which focus on the detainment of dignity and the ensuring of posthumous reputation on behalf of the moral agent is shown to echo stoic views on arête and the subordination of life to the primary human goal, namely the achievement of virtue. The progress made (...) in palliative care when seen alongside the — steadily increasing — requests for suicide, is indicative of the fact that, though pain now days can be effectively controlled, moral agents often consider the preservation of their life detrimental to the detainment of virtue or posthumous reputation. The stoic view is considered to justify elective death as a personal choice, but is deemed inadequate as well as inconsistent in the broader context of a coherent value theory. (shrink)

In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter Strawson as (...) well as current work in the social sciences, Gaus argues that our social morality is an evolved social fact, which is the necessary foundation of a mutually beneficial social order. The second part considers how this system of social moral authority can be justified to all moral persons. Drawing on the tools of game theory, social choice theory, experimental psychology and evolutionary theory, Gaus shows how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium. (shrink)

The potential for vaccines to prevent the spread of infectious diseases is crucial for vaccination policy and ethics. In this paper, I discuss recent evidence that the current COVID-19 vaccines have only a modest and short-lived effect on reducing SARS-CoV-2 transmission and argue that this has at least four important ethical implications. First, getting vaccinated against COVID-19 should be seen primarily as a self-protective choice for individuals. Second, moral condemnation of unvaccinated people for causing direct harm to others (...) is unjustified. Third, the case for a harm-based moral obligation to get vaccinated against COVID-19 is weak. Finally, and perhaps most significantly, coercive COVID-19 vaccination policies (e.g., measures that exclude unvaccinated people from society) cannot be directly justified by the harm principle. (shrink)

The present state of ethical theory and practice is disquieting. Objectivism, in all its varieties, is unconvincing, and subjectivism, hedonic or emotive, is intellectually incredible and socially intolerable. No one is ethically content—except the dogmatist and the sceptic, who act willy nilly with the exponents of “might-cum-persuasion makes right.” Can we find a happier middle region between these inhospitable poles? Perhaps the very limitations of human valuation will provide the ground that ethics requires. Let us begin by considering (...) the conditions which must hold if ethical action is to be possible: 1. Only if the agent can provide a justifying reason for his choice of action can he claim to act ethically. For ethical action is a species of purposive action, and to act purposively entails the ability to give justifying reasons for one's choice of action. . Thus ethical action presupposes putatively grounded ethical judgment. 2. Justifying reasons must be acknowledgeable by all competent judges, i.e. by all persons who are acquainted with all relevant knowledge of the nature and consequences of the alternative courses of action, allow as far as possible for congenital, cultural and idiosyncratic bias, are capable of sane and serious reflection, and are able to make survey of their experience and to draw conclusions from it. For the judgment “the action A is ethically preferable to its alternatives B ” entails “A ought to be done” which in turn entails “every competent judge is capable of acknowledging the ground of the judgment ‘A is ethically preferable to B’ and consequently would be able to set himself to perform A as an ethical act, .” We can assure ourselves of this requirement of acknowledgeability by observing that whenever we resolve, and not merely settle, an ethical disagreement, we have achieved not only a factual, predictive, valuational and attitudinal agreement between the disputants, but a joint acknowledgment of the ground of the ethical judgment. Without this, the agreement could not be said to be ethical, whether the judgment be right or wrong or neither, but merely an agreement to disagree, ethically. Unless ethical disagreement is in principle resolvable, ethical judgment is impossible, for we should be unable to claim that our choice ought to be acted upon. (shrink)

Until recently, discussion of virtues in the philosophy of mathematics has been fleeting and fragmentary at best. But in the last few years this has begun to change. As virtue theory has grown ever more influential, not just in ethics where virtues may seem most at home, but particularly in epistemology and the philosophy of science, some philosophers have sought to push virtues out into unexpected areas, including mathematics and its philosophy. But there are some mathematicians already there, ready (...) to meet them, who have explicitly invoked virtues in discussing what is necessary for a mathematician to succeed. In both ethics and epistemology, virtue theory tends to emphasize character virtues, the acquired excellences of people. But people are not the only sort of thing whose excellences may be identified as virtues. Theoretical virtues have attracted attention in the philosophy of science as components of an account of theory choice. Within the philosophy of mathematics, and mathematics itself, attention to virtues has emerged from a variety of disparate sources. Theoretical virtues have been put forward both to analyse the practice of proof and to justify axioms; intellectual virtues have found multiple applications in the epistemology of mathematics; and ethical virtues have been offered as a basis for understanding the social utility of mathematical practice. Indeed, some authors have advocated virtue epistemology as the correct epistemology for mathematics (and perhaps even as the basis for progress in the metaphysics of mathematics). This topical collection brings together several of the researchers who have begun to study mathematical practices from a virtue perspective with the intention of consolidating and encouraging this trend. (shrink)

The central question which I address is whether appeal to a hypothetical contract between moral persons is acceptable as a method for justifying basic ethical principles. ;My first two substantive chapters concern general issues in metaethics, particularly the shortcomings of both standard naturalist and noncognitivist theories of evaluative language; some conditions of acceptability for methods of moral justification are proposed and supported as well. Firth's and Hare's methods fail to satisfy these criteria, while Brandt's present approach and Rawls' (...) method of reflective equilibrium largely succeed. Rawls, quite correctly, intends his contract argument to apply only within the framework of this more basic method. ;Major aspects of Rawls' contract theory are examined at length in Chapter IV. My central concern is with the reasons Rawls gives for regarding his interpretation of the initial contract situation as the "rationally preferred" one. The concepts of impartiality, neutrality, and fairness are discussed at the outset. I then proceed to explain and criticize Rawls' reasons for imposing a "thick veil of ignorance" on the contractors. The argument that natural assets and social contingencies are "morally arbitrary" and hence should not influence the choice of principles of justice is found to be open to serious objection and to rest upon a specific type of egalitarian moral commitment. Rawls' "Kantian" argument is shown to lack sufficient support and to involve an unwarranted exclusion of certain deontological, perfectionist, and other teleological theories from serious consideration. ;Grice's contract theory, which omits the "veil," is examined in Chapter V, together with his account of prudential reasoning and his argument for a necessary connection between moral obligation and rationality. His type of contract approach is demonstrated to be unworkable due to vague description of the initial situation. Moreover, it has unacceptable implications and cannot serve as an appropriate basis for moral justification in any case. ;I conclude that the ideal contract method is at best a very conditional procedure of moral justification, far more suitable for some types of moral conceptions than for others. It seems unlikely, furthermore, that achievement of wide reflective equilibrium or "full rationality" in Brandt's sense would result in a consensus favoring any one description of the initial contract situation. (shrink)

In the framework of ethical social choice theory, sustainability is justified by efficiency and equity as ethical axioms. These axioms correspond to the Suppes–Sen grading principle. In technologies that are productive in a certain sense, the set of Suppes–Sen maximal utility paths is shown to equal the set of non-decreasing and efficient paths. Since any such path is sustainable, efficiency and equity can thus be used to deem any unsustainable path as ethically unacceptable. This finding is (...) contrasted with results that seem to indicate that an infinite number of generations cannot be treated equally. (shrink)

This article is about a coming project concerning a coherentist approach to ethics in school. The project has two main parts; one theoretical and one empirical. The former focuses on philosophical problems and issues concerning coherentism as a metaethical position in general, and particularly when applied to the field of value education, and the latter aims to study some consequences of a coherentist approach to the study of discussing ethical matters with children.Metaethical coherentism is a position in the discussion (...) about justification of moral judgements. According to coherentism, we build some kind of web in which different moral judgements are connected by some justification‐relation or the like. Some judgements might be more central than others, but these can be justified by the more particular and peripheral ones, and vice versa. Coherentism differs from foundationalism, according to which there are some foundational judgements that are not justified by any other judgements. The rest of our judgements are justified if they are justified by this foundation. We wish to study what benefits a coherentist approach might have in the study of ethical discussions in school. In Sweden, the educational system has as one of its main purposes to mediate a "value foundation" based on "Christian ethical tradition and western humanism" to the pupils. Suppose now that you have a foundationalist approach to ethical discussion in schools, as many seem to have had historically, and that some pupil expresses the judgement that some of his classmates have a lower value than him, due to the colour of their skin. This judgement conflicts with the judgement that the colour of ones skin does not have any bearing of ones value, included in the value foundation of the school. According to a foundationalist, we here have a conflict between foundational values, or so we can suppose. In this case, there is nothing obvious to do to resolve this conflict, because the foundational values cannot be justified; it is supposed that we simply realise the correctness of them by our moral intuition, or the like. A coherentist, on the other side, could point to how these two different judgements gain different amount of justification from other judgements, and thereby hopefully find consensus, and hence dissolve the conflict.Coherentism is not theoretically unproblematic, though. One problem is how to understand the justification‐relation. What does it mean that two propositions justify each other? Philosophers have discussed several different proposals. We give a new proposal, based on some of Arne Naess' theories. With regard to methods for ethical discussion in relation to a coherentistic approach, it seems as a "philosophy with children" approach will seem as a natural choice. (shrink)

Communitarians have argued against Millian individualism (ethical liberalism) by claiming that it leads to the compartmentalization of life, and thus inhibits virtue, that it causes alienation, and leads to what I call the problem of choice. Ethical liberals celebrate the free choice of a conception of the good life, but communitarians respond by posing a dilemma. Either the choice is made in reference to some given standard (a social or natural telos), in which case it (...) is not free, or it is made without reference to a standard, in which case it is arbitrary. This entails either ethical liberalism is false or it reduces to existentialism. I tackle each of these arguments in turn, showing that alienation is not any more of problem in liberal than in communitarian societies, and explain how virtues can fit between compartments in our lives. Regarding the problem of choice, I show that communitarians have assumed that justification must have a foundationalist structure. I show instead how a coherentist structure can allow for a person to begin with unchosen ends or with unchosen standards, but eventually arrive at a structure of ends (which constitute a vision of the good life) that is both freely chosen and rationally justified. This vindicates Millian individualism. (shrink)

BackgroundOver the years, Bulgarian bioethics has been mainly an academic enterprise and fallen short of providing health professionals with skills for ethical decision-making. Clinical ethics support (CES) was piloted by the author through two bottom-up models – METAP (Modular, Ethical, Treatment, Allocation of resources, Process) and MCD (Moral Case Deliberation).AimsThis paper aims to present and analyse developments in the area of clinical ethics and the first experiences in CES in Bulgaria.MethodologyThe project reported here included a review of relevant (...) literature on CES methods and evaluation and a documentary review of data from two CES pilot projects: METAP and MCD.ResultsMost of the 69 METAP ethics meetings reviewed were first time meetings (88,4%); the average duration was 36 min and the average number of participants was four (44,9%). The meetings were organized in response to cases of severely or critically ill patients. The ethical dilemmas included choice of treatment (31,9%) and conflicts with the patient or their relatives (23,2%). Consensus was achieved in 34,8% of the cases. The situation was clarified with the patient (27,5%) and within the team (15,9%). The rights and obligations of both sides were discussed in 7,2% of the cases. The experience of the members of the Bulgarian Association of Bioethics and Clinical Ethics (BABCE) with MCD was also presented to justify the inference about the applicability of the two CES models in a Bulgarian context.ConclusionAmong Eastern European countries Bulgaria has made progress in CES. Both METAP and MCD have been found to be useful methods. (shrink)

In decision-making based on multiple criteria, situations may arise where agents find their options to be neither better than, worse than nor equal to each other with respect to the relevant criteria. How, if at all, can a justified choice be made between such options? Are the options incomparable? This article explores a hypothetical case that illustrates how such a situation can arise in an environmental context; more specifically, it considers the deliberations of an imagined 'ethics committee' as it (...) struggles to decide whether or not a deep-sea mining project should be allowed to proceed. I argue that the case is best understood as involving options that are comparable in the sense of being 'on a par'. Working out from a discussion of Ruth Chang's 'self-governance' theory of choice in cases of parity, I suggest that, in the environmental context, the idea of choices expressing a moral identity may lead us in the direction of a plausible solution to these particularly challenging cases. (shrink)

In symmetrical moral dilemmas, the agent faces a choice between two incompatible actions, which are equally justified on the basis of the same value. These cases are generally discounted as spurious or irrelevant on the assumption that, when there is no failure of commensurability, choice between symmetrical requirements is indifferent and can be determined by randomization. Alternatively, this article argues that the appeal to randomization allows the agent to overcome a deliberative impasse, but it does not really resolve (...) the moral dilemma. This is because randomization fails to provide the agent with a genuine reason for action. The argument is based on an account of arbitrariness as a threat to the agent’s authorship on action. By focusing on lack of authorship, rather than on failure of commensurability, we gain the adequate perspective to assess the philosophical significance of moral dilemmas, their impact on the agential integrity, and their consequences for ethical theory. (shrink)

When a new intervention or drug is developed, this has to pass through various phases of clinical testing before it achieves market approval, which can take many years. This raises an issue for drugs which could benefit terminally ill patients. These patients might set their hopes on the experimental drug but are unable to wait since they are likely to pass away before the drug is available. As a means of nevertheless getting access to experimental drug, many seriously ill and (...) terminally ill patients are therefore very willing to participate in randomised controlled trials. However, only very few terminally ill patients are able to actually participate, and those that do participate are at risk of participating solely as a way of getting experimental drugs. Currently, there are, however, ways of getting access to drugs that have not gained market approval. One such mean is via expanded access or compassionate use programs where terminally ill patients receive experimental new drugs that are not yet market approved. In this paper, I examine some of the common justifications for such programs. The most frequently voiced justifications for compassionate use or expanded access programs could be put in one of three categories. First, there are justifications of justice, where compassionate use programs could be seen as a just or fair way to distribute experimental new drugs to patients who are denied access to RCT’s through no fault of their own. Second, such programs could be justified by reference to the ethical principle of beneficence where it could be claimed that terminally ill patients stand to benefit greatly at very little risk. Third, there are considerations of autonomy where, it is claimed, patients should be able to exercise their autonomy and have access to such drugs if that is there free choice and they are fully aware of the risks associated with that choice. In this paper, I argue currently all justifications are potentially problematic. If they truly form the basis for justification, compassionate use programs should be designed to maximize justice, beneficence and autonomy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:HUME'S THEORY OF IMAGINATION* Historians of philosophy seem increasingly to agree with the view that David Hume is the greatest philosopher ever to have written in English. This high esteem of the Scottish empiricist, however, is a phenomenon of the last decades. As late as 1925 Charles W. Hendel could write "that Hume is no longer a living figure." And Stuart Hampshire reports that in the Oxford of (...) the Thirties the results of Humean philosophizing were regarded as "extravagances of 2 scepticism which no one could seriously accept." A cursory glance at the Hume bibliography edited by Roland Hall demonstrates that it has become standard practice in the English-speaking world to seek an understanding of Hume's arguments when analysing philosophical problems. Critical literature nevertheless continues to neglect the majority of his arguments. It is sufficient, I think, to mention Hume's remarks on space and time, his theory of emotions, his inquiries into the problem of justice, his economic writings and those on the psychology of roliqion. Dut 3 even in the frequently quoted passages of the Treatise Hume's central notion is not, in my opinion, at the heart of the analysis. Here I refer to Hume's remarks on the phenomenon of imagination (fancy). Although he mentions this curious faculty of our cognition on almost every page, there are only a few sporadic attempts at an interpretation of this "supreme Humean faculty." This may be due to the fact that until quite recently the 'problem of imagination' has hardly even belonged to the marginal topics of modern philosophy. This paper therefore attempts to demonstrate not only that Hume dealt with the phenomenon of imagination, but also that an analysis of this concept is of paramount significance for the understanding of his entire philosophy. In the first three sections three different faculties or functions of the imagination will be distinguished. Not only the artist's - 91 92. works, but also the insights of the scientist and the illusions of metaphysicians are, according to Hume, decisively based on this very cognitive faculty. Section 4 contains a brief discussion of the sceptical arguments of the Treatise, particularly of the Humean analysis of causation. Their impact on Hume's reflections on the problem of imagination is the topic of Section 5. I hope to prove that in the Enquiry Hume interprets these sceptical arguments differently than in the Treatise. While in his early work he feels himself exposed to Pyrrhonian doubts, he assumes the position of an 'academic sceptic' in the Enquiry. The concluding section eventually tries to determine which motives may have been decisive for Hume's change of opinion. I shall defend the thesis that in his late work Hume developed an 'ethics of belief on the basis of natural beliefs, in which the artistic capacity of the imagination assumes a decisive role in justifying philosophical and scientific propositions. 1. The Metaphysical Faculty of the Imagination In the Introduction to the Treatise Hume describes his endeavour as developing a propaedeutic basic science which should provide a better understanding of all products of the human mind (science, mathematics, metaphysics, ethics, aesthetics, politics). In the Abstract he calls his early work "a system of the sciences" (?7). Besides this empirical interest Hume saw the importance of justifying the choice of method, i.e. to extoll the experimental procedure as the only rational one. Metaphysical approaches are interpreted as products of a blind imagination. Beginning with the Introduction to the Treatise it has been a constant motive of Hume's philosophy to constrain metaphysics in order to make way for science. In the sections Of the effects of other relations and other habite (T106-117), Of unphilosophiaal probability 93. (T143-155), Of scepticism with regard to the senses (T187218 ), Of the antient philosophy (T219-225) Hume specifies those beliefs which, in his opinion, are based on figments of our imagination. He "had ^en that all the errors of philosophy arose from the fact that imagination determined men much more than they recognized - there could be no secure truth for him, then, until he had explored this aspect of the nature of man." He compares imagination to a ship which, having... (shrink)

The claim that, in some nontrivial sense, nursing can be identified with caring has prompted a search for the philosophical foundations of care in the nursing literature. Although the ethics of care was initially associated with Gilligan's ‘different voice’, there has more recently been an attempt – led principally by Benner – to displace the gender perspective with a Heideggerian one, even if Kant is the figure to whom both Gilligan and Benner appear most irretrievably opposed. This paper represents the (...) first half of a double-edged project: initially, to point out that Heidegger explicitly disowns any ethical implications for his ontological thinking, and to argue that no ethical theory (including an ethics of care) can be derived from Being and Time; and then to argue that Kant's categorical imperative is not only compatible with the ethics of care but actively entails it. In this, Heideggerian, part of the argument, I consider three attempts to wrest an ethics from Being and Time– those of Benner, Olafson and Guignon – suggesting that, for different reasons, they all fail. Benner systematically confuses the ontological with the ontic, not recognizing that care, concern and solicitude have ‘deficient’ modes as well as positive ones, and that Heidegger's ontology retrieves the possibility of an ethics-in-general without at any point implying an ethics-in-particular (whether of care or justice). Olafson does recognize this, and to that extent admits his failure, but his efforts to amplify Heidegger's thought in such a way as to generate an ethical theory involve both the importing of Kantian premises, and an appeal to some rather doubtful empirical observations. Guignon resorts to Heidegger's discussion of authenticity, and the idea that authentic Dasein ‘may choose its hero’, suggesting a morally reassuring list of heroes who might fit the bill. However, there is nothing in Heidegger's account of this choice that justifies his confidence, and I conclude by proposing that we should take Heidegger at his word when he says that ontology has ‘no result, no effect’. (shrink)

How computer games can be designed to create ethically relevant experiences for players. Today's blockbuster video games—and their never-ending sequels, sagas, and reboots—provide plenty of excitement in high-resolution but for the most part fail to engage a player's moral imagination. In Beyond Choices, Miguel Sicart calls for a new generation of video and computer games that are ethically relevant by design. In the 1970s, mainstream films—including The Godfather, Apocalypse Now, Raging Bull, and Taxi Driver—filled theaters but also treated their audiences (...) as thinking beings. Why can't mainstream video games have the same moral and aesthetic impact? Sicart argues that it is time for games to claim their place in the cultural landscape as vehicles for ethical reflection. Sicart looks at games in many manifestations: toys, analog games, computer and video games, interactive fictions, commercial entertainments, and independent releases. Drawing on philosophy, design theory, literary studies, aesthetics, and interviews with game developers, Sicart provides a systematic account of how games can be designed to challenge and enrich our moral lives. After discussing such topics as definition of ethical gameplay and the structure of the game as a designed object, Sicart offers a theory of the design of ethical game play. He also analyzes the ethical aspects of game play in a number of current games, including Spec Ops: The Line, Beautiful Escape: Dungeoneer, Fallout New Vegas, and Anna Anthropy's Dys4Ia. Games are designed to evoke specific emotions; games that engage players ethically, Sicart argues, enable us to explore and express our values through play. (shrink)

This chapter explores ways in which an ethical theory can develop through time and, in particular, variations in Kantian ethical theories. The chapter argues that a Kantian could say that we have duties to particular people as part of ongoing commitments, but an adequate and sufficient account of good and poor decisions in personal relationships cannot be based entirely on the categorical imperative, nor can we do justice to seriously wrong decisions by regarding them as violations of (...) duty. Any ethical philosophy, which includes an adequate account of ongoing personal commitments, will have to recognize that our judgments of what is wrong are of more than one sort and are made, so to speak, in more than one kind of voice. (shrink)

Fundamental questions in value sensitive design include whether and how high-tech products/artefacts could embody values and ethical ideals, and how plural and incommensurable values of ethical and social importance could be chosen rationally and objectively at a collective level. By using a humanitarian cargo drone study as a starting point, this paper tackles the challenges that VSD’s lack of commitment to a specific ethical theory generates in practical applications. Besides, it highlights how mainstream ethical approaches (...) usually related to VSD are incapable of solving main ethical dilemmas raised by technological design for well-being in democratic settings. Accordingly, it is argued that VSD’s ethical-democratic import would substantially be enhanced by the espousal of a procedural ethics stance and the deliberative approach to value and welfare entailed by Amartya Sen’s capability approach. Differently from rival ethical–political theories, its normative and meta-ethical foundations better handle human diversity, value-goal pluralism, conflicting vested interests as well as the epistemic-moral disagreements typical of contemporary complex democracies. Particularly, Sen’s capability approach procedural-deliberative tenets result in an “objective-impartial” choice procedure selecting a “hierarchy” of plural incommensurable values and rational goals thus, suitable to validate an applied science such as welfare-oriented technological design in concrete social environments. Conclusions suggest that refining VSD with a capability-based procedural approach to ethics fosters the concern for democracy and social justice while preserving vital scientific-technical standards. Major advantages are at an applied level to delivering ethically and socially justified, but yet highly functional technologies and high-tech products/artefacts. (shrink)

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence cannot be redeemed paternalistically as freedom or welfare enhancing in the (...) long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact because the kinds of reasons that they adduce for justifying the long-term freedom-enhancing consequences of forced migration are not ones that would be acceptable to the migrants themselves. I conclude that only a discourse ethical approach, which mandates direct, empathetic communication between would-be migrants and members of potential host communities, captures the full range of reasons that would be acceptable to both migrants and members of these communities. These reasons – appealing both to agency-enhancing communal attachments as well as to agency-enhancing freedom of choice – fully reveals the extent to which a global capitalist system composed of relatively closed national communities coerces the world’s poorest migrants. (shrink)

The principle of beneficence directs healthcare practitioners to promote patients’ well-being, ensuring that the patients’ best interests guide treatment decisions. Because there are a number of distinct theories of well-being that could lead to different conclusions about the patient’s good, a careful consideration of which account is best suited for use in the medical context is needed. While there has been some discussion of the differences between subjective and objective theories of well-being within the bioethics literature, less attention has been (...) given to the questions of what work a theory of well-being needs to do in bioethics and which standards of success ought to be used in selecting a theory of well-being for use in medicine. In this article, I argue that traditional theories of well-being developed in philosophy are not well suited to meet the needs of the medical context. For the principle of beneficence to be most useful, the underlying account of well-being should satisfy two conditions: first, it needs to lead to a concrete, action-guiding determination of the patient’s good; and, second, any recommendations it offers need to be justifiable to patients. Standard accounts of well-being have difficulty satisfying both conditions. Exploring the limitations of these theories when applied to treatment dilemmas helps point the way toward the development of an account of well-being better suited to healthcare. (shrink)

Modern Social Contract Theory provides an exposition and evaluation of major work in social contract theory from 1950 to the present. It locates the central themes of that theory in the intellectual legacy of utilitarianism, particularly the problems of defining principles of justice and of showing the grounds of moral obligation. It demonstrates how theorists responded in a novel way to the dilemmas articulated in utilitarianism, developing in their different approaches a constructivist method in ethics, a method (...) that aimed to vindicate a liberal, democratic and just political order. A distinctive feature of the book is its comparative approach. By placing the works of Barry, Buchanan and Tullock, Harsanyi, Gauthier, Grice, Rawls, and Scanlon alongside one another, similarities and differences are brought out, most notably in the way in which principles are derived by each author from the contractual construction as well as the extent to which the obligation to adopt those principles can be rationally grounded. Each theory is placed in its particular intellectual context. Special attention is paid to the contrasting theories of rationality adopted by the different authors, whether that be utility theory or a deliberative conception of rationality, with the intention of assessing how far the principles advanced can be justified by reference to the hypothetical choices of rational contracting agents. The book concludes with a discussion of some principal objections to the enterprise of contract theory, and offers its own programme for the future of that theory taking the form of the empirical method. (shrink)

This paper argues that, if we are committed to a Pro-choice stance with regard to selective abortion for disability, we will be unable to justify the prohibition of sex-selective abortion (SSA), for two reasons. First, familiar Pro-choice arguments in favour of a woman’s right to select against fetal impairment also support, by parity of reasoning, a right to choose SSA. Second, rejection of the criticisms of selective abortion for disability levelled by disability theorists also disposes, by implication, of (...) the key objections to SSA, as developed, most notably, by feminists. The paper, then, consists of a conditional defence of SSA, under which SSA should be available, and protected by a right, if selective abortion for disability is. Opponents of SSA might respond by conceding additional restrictions on selection against disabled fetuses. It should become clear throughout the paper, however, that any such new restrictions would be unacceptably onerous for women. (shrink)

While health care goals are usually formulated in terms of the securing of good health for the population, the goal of public health is to an increasing extent, at least in Western countries, being formulated in terms of the provision of societal preconditions for securing of good health. This goal may be attained although no one enjoys good health as a result, namely if people choose not to make use of the preconditions provided. However, reaching this goal may still seem (...) desirable in that it promotes the autonomy of people with regard to health-related choices. In this presentation, I address the questions: 1) whether or not the promotion of autonomy may be supported as goal of public health on the basis of ethical theories dealing with autonomy, 2) whether this support is equally strong regardless of the economic, social and cultural conditions of different countries. I will argue that the first question may be answered affirmatively only if certain important revisions are made in the ethical theories in questions but that these revisions at the same time raise a number of very complicated issues in theory as well as in practice. Regarding the second question, I will claim that in so far as the goal of promoting autonomy may be morally justified, there are a number of reasons supporting the suggestion that this justification is much stronger in societal settings where reasonably high health and welfare levels are allready secured. (shrink)

Given the tremendous proliferation of student plagiarism involving the Internet, the purpose of this study is to determine which theory of ethical reasoning students invoke when defending their transgressions: deontology, utilitarianism, rational self-interest, Machiavellianism, cultural relativism, or situational ethics. Understanding which theory of ethical reasoning students employ is critical, as preemptive steps can be taken by faculty to counteract this reasoning and prevent plagiarism. Additionally, it has been demonstrated that unethical behavior in school can lead to (...) unethical behavior in business; therefore, correcting unethical behavior in school can have a positive impact on organizational ethics. To meet this objective, a content analysis was conducted on the written records of students formally charged with plagiarizing at a large West Coast university. Each case was classified according to the primary ethical reasoning that the student used to justify plagiarism. Results indicate that students predominately invoke deontology, situational ethics, and Machiavellianism. Based on these findings, specific recommendations are offered to curb plagiarism. (shrink)

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

In the previous module, I covered the basics of Early Buddhist metaethics. The core ideas here are: (1) linguistic representation is not the same as reality – linguistic representation depicts reality as static, but reality is relational and dynamic; (2) reality can drift away from linguistic representation causing disappointment – duḥkha; (3) choosing wisely now can result in a better future; (4) ethical choice involves appreciating the justifying relations of states of affairs. In this module, I explore (...) the Four Noble Truths and the Eight-Fold Path as efforts to systematise these findings as the basis of a normative theory and applied ethics. Of special concern is its culmination in Buddhist practices of meditation. In the fourth section, we shall examine the relationship between these meditational practices and Buddhist Consequentialism. Indeed, the very practice of meditation is, in large measure, justified by the outcomes that Buddhists meditate upon. This approach to ethics is not only consequentialist, but provides a uniquely Buddhist approach to overcoming personal challenges. This allows us to revisit the issue of rule following in Buddhism. Contrary to those who would claim that Buddhist uses of "dharma" to identify wrong motives is proof that such uses are amoral, or inconsistent with Consequentialism, I show that this is exactly what we would expect if Buddhist ethics is Consequentialist. Such dharmas (ethical ends) are to be treated as ends, and not as means. Mindfulness is the appropriate means justified by such ends. The absurdity arises if we abandon Consequentialism and treat such ends requiring justification or as procedures that are reasonable, and not what confers justification. (shrink)

Can the need for incentives justify inequality? Starting from this question, Frank Vandenbroucke examines a conception of justice in which both equality and responsibility are involved. In the first part of the inquiry, which explores the implementation of that conception of justice, the justification of incentives assumes that agents make personal choices based only upon their own interests. The second part of the book challenges the idea that a normative conception of distributive justice can be based on that traditional assumption, (...) i.e. that personal choices are not the subject matter of justice. Thus, Vandenbroucke questions the Rawlsian idea that the primary subject of a theory of justice is the basic structure of society, and not the individual conduct of its citizens. For a society to be really just, the ethos of individual conduct has to serve justice. Non-mathematical readers can skip the formal model proposed in Chapter 3 and understand the rest of the book. (shrink)

By focusing on the reasoned debate in the discourse -ethical approach to business ethics, this paper discusses the possibilities and limitations of moral reasoning as well as applied economic and business ethics. Business ethics, it is contended, can be looked at from the standpoint of two criteria: justification and application. These criteria are used to compare three approaches: the Integrative Business Ethics, developed by Swiss philosopher Peter Ulrich, the Cultural Business Ethics of the Nuremberg School in German business ethics, (...) and the concept of “Good Conservation” by Frederick Bird. It is argued that discourse -ethical approaches can be called upon for justifying moral principles. Improving the chances of their application, however, necessitates a good understanding of lifeworlds and culturally developed institutional settings. Bearing this in mind, further research perspectives stressing a linkage between discourse -ethical and critical approaches in social sciences are suggested. (shrink)

Background Fecal microbiota transplant (FMT) is a treatment modality that involves the introduction of stool from a healthy pre-screened donor into the gastrointestinal tract of a patient. It exerts its therapeutic effects by remodeling the gut microbiota and treating microbial dysbiosis-imbalance. FMT is not regulated in Jordan, and regulatory effort for FMT therapy in Jordan, an Islamic conservative country, might be faced with unique cultural, social, religious, and ethical challenges. We aimed to assess knowledge, attitudes, and perceptions of (...) class='Hi'>ethical and social issues of FMT use among Jordanian healthcare professionals. Methods An observational, cross-sectional study design was used to assess knowledge, attitudes, and perceptions of ethical and social issues of FMT among 300 Jordanian healthcare professionals. Results A large proportion (39 %) thought that the safety and efficacy of this technique are limited and 29.3 % thought there is no evidence to support its use. Almost all (95 %) responded that they would only perform it in certain cases, if ethically justified, and 48.3 % would use it due to treatment failure of other approaches. When reporting about reasons for not using it, 40 % reported that they would not perform it due to concerns about medical litigation, fear of infections (38 %), and lack of knowledge of long safety and efficacy (31.3 %). Interestingly, all practitioners said they would perform this procedure through the lower rather than upper gastrointestinal tract modality and the majority will protect the patient’s confidentiality via double-blinding (43.3 %). For a subset of participants (n = 100), the cultural constraints that might affect the choice of performing FMT were mainly due to donor’s religion, followed by dietary intake, and alcohol consumption. Conclusions Our healthcare practitioners are generally reluctant to use the FMT modality due to religious and ethical reasons but would consider it if there was a failure of other treatment and after taking into consideration many legislative, social, ethical and practice-based challenges including safety, efficacy and absence of guidelines. (shrink)

Integrating and building on the constitutional ethics paradigm proposed by Paul Roush and the neo-intuitionist moral decision-making scheme proposed by Robert Audi, I defend a novel decisionmaking procedure for hard moral choices in the military. The key to Roush’s model of justifiable disobedience is a soldier’s ability to recognize when an ostensibly legal order constitutes a ‘fundamental violation of justice’. However, the nature and structure of this act of moral recognition requires more elucidation than Roush has provided. In order to (...) avoid grounding moral recognition and decision-making on a narrowly partisan account of moral theory, I appeal to Audi’s neo-intuitionist account of prima facie moral duties. I then repurpose and develop further a decision procedure that Audi proposed for the business context. When faced with an ethical dilemma in military service, a soldier should classify his/her obligations; identify the conflicts between his/her obligations; assess the weightiness of his/ her obligations; determine ethically viable options; and then make a decision. I close the discussion with an examination of the practical problems one might face in adopting the proposal. (shrink)

We present a new “reason-based” approach to the formal representation of moral theories, drawing on recent decision-theoretic work. We show that any moral theory within a very large class can be represented in terms of two parameters: a specification of which properties of the objects of moral choice matter in any given context, and a specification of how these properties matter. Reason-based representations provide a very general taxonomy of moral theories, as differences among theories can be attributed to (...) differences in their two key parameters. We can thus formalize several distinctions, such as between consequentialist and non-consequentialist theories, between universalist and relativist theories, between agent-neutral and agent-relative theories, between monistic and pluralistic theories, between atomistic and holistic theories, and between theories with a teleological structure and those without. Reason-based representations also shed light on an important but under-appreciated phenomenon: the “underdetermination of moral theory by deontic content”. (shrink)

According to one prominent view of rationality, for the choice of alternative to be justified, it must be at least as good as other alternatives. Michael Jensen has recently invoked this view to argue that managers should act exclusively to maximize the long-run market value of economic enterprises. According to Jensen, alternative accounts of managerial responsibility, such as stakeholder theory, are to be rejected because they lack a single measure to compare alternatives as better or worse. Against Jensen’s (...) account, this paper argues that choosing the alternative that is at least as good as other alternatives need not preclude managers from respecting considerations in addition to long-run market value. The paper argues that such considerations may be incorporated into managerial decision-making by introducing constraints and priorities into the process of maximizing long-run market value and by allowing for “clumpy” values. (shrink)

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

Where does the impetus towards ethical theory come from? What drives humans to make values explicit, consistent, and discursively justifiable? This paper situates the demand for ethical theory in human life by identifying the practical needs that give rise to it. Such a practical derivation puts the demand in its place: while finding a home for it in the public decision-making of modern societies, it also imposes limitations on the demand by presenting it as scalable and (...) context-sensitive. This differentiates strong forms of the demand calling for theory from weaker forms calling for less, and contexts where it has a place from contexts where it is out of place. In light of this, subjecting personal deliberation to the demand turns out to involve a trade-off. (shrink)

Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, cultural (...) identity, excellence and independence, faith and spirituality, narrative and beauty, and more besides. I term this twin phenomenon—a core of fixed moral duties driven by diverse motives—“moral motive pluralism.” In this article, I marshal evidence to show the prevalence of the phenomenon. Contrary to widespread assumptions, across generations and cultures, diverse motives drive different people to perform their moral duties. But despite this diversity, each different motive impels conscientious compliance with the same core moral duties. I argue this phenomenon undermines key types of evidence commonly employed to justify popular moral philosophies, and provides us with reason to seriously consider certain sorts of ethical theories—especially “functionalist” accounts of morality. (shrink)

Gendered socialization has prompted numerous attempts to redefine what counts as an autonomous choice. However, there is strong disagreement among feminist theorists over the criteria to identify cases of autonomy impairment _vis-à-vis_ the embeddedness of individuals in patriarchal cultures. I argue that this focus on choice and autonomy has often neglected the costs of non-compliance to social norms and the trade-offs that women make to flourish within their community. Even if we were to find an effective way to (...) determine whether a self-regarding choice calls for state interference because of its socialized nature, we would still lack a sufficient justification for interfering with women’s choices. To justify political action, my claim is that we should also look at the effects that preference interference would have on women within their societal context. Consequently, I develop a non-ideal feminist account aimed chiefly at analysing the costs of proposed feminist change. I shall focus in particular on women’s engagement with practices of body modification for the sake of conforming to gendered standards of appearance, such as cosmetic surgery and hymen restoration. In both cases, I argue that blanket bans risk backfiring into a form of double-jeopardy for those who are already the most vulnerable to gendered oppression, hence they are not justified. However, this does not imply passively accepting the status quo but urges us to reconsider new ways to offset transition costs, making resistance to social norms a collectively shared endeavour rather than a burden that exclusively befalls the most vulnerable. (shrink)

The peculiar features of the climate change problem pose substantial obstacles to our ability to make the hard choices necessary to address it. Climate change involves the convergence of a set of global, intergenerational and theoretical problems. This convergence justifies calling it a 'perfect moral storm'. One consequence of this storm is that, even if the other difficult ethical questions surrounding climate change could be answered, we might still find it difficult to act. For the storm makes us extremely (...) vulnerable to moral corruption. (shrink)

Gendered socialization has prompted numerous attempts to redefine what counts as an autonomous choice. However, there is strong disagreement among feminist theorists over the criteria to identify cases of autonomy impairment _vis-à-vis_ the embeddedness of individuals in patriarchal cultures. I argue that this focus on choice and autonomy has often neglected the costs of non-compliance to social norms and the trade-offs that women make to flourish within their community. Even if we were to find an effective way to (...) determine whether a self-regarding choice calls for state interference because of its socialized nature, we would still lack a sufficient justification for interfering with women’s choices. To justify political action, my claim is that we should also look at the effects that preference interference would have on women within their societal context. Consequently, I develop a non-ideal feminist account aimed chiefly at analysing the costs of proposed feminist change. I shall focus in particular on women’s engagement with practices of body modification for the sake of conforming to gendered standards of appearance, such as cosmetic surgery and hymen restoration. In both cases, I argue that blanket bans risk backfiring into a form of double-jeopardy for those who are already the most vulnerable to gendered oppression, hence they are not justified. However, this does not imply passively accepting the status quo but urges us to reconsider new ways to offset transition costs, making resistance to social norms a collectively shared endeavour rather than a burden that exclusively befalls the most vulnerable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS The Love Commandments: Essays in Christian Ethics and Moral Philosophy. Edited by EDMUND SANTURRI AND WILLIAM WERPE· HOWSKI. Washington, D.C.: Georgetown University Press, 1992. Pp. xxii + 307. $35.00 (paper). The essays in this volume address numerous philosophic and theological issues surrounding the two commandments of love of God and love of neighbor. A brief review cannot do justice to the careful argumentatation contained in the essays. (...) Forced to make an unhappy choice, I have decided to provide some sense of the main line of argument in each piece and to add a few general comments about the dominant approaches to Christian charity in the volume. Gene Outka's "Universal Love and Impartiality," which sets the stage for many of the other pieces, asks: Should there be " no disparity between our consideration of others and our consideration of ourselves? " (3). On the basis of a sustained comparison of Christian universal love with impartiality, Outka concludes that, " while universal love allies itself with impartiality at certain junctures, it represents an advance over impartiality because it more readily accommodates differences between neighbor-love and self-love" (79-80). Christianity's normative emphasis on regard for others goes beyond impartiality toward altruism. Christian ethics is not, however, identical with altruism if the latter means that the " self does not matter." This would be contrary to the theocentric framework of the commandments, which refer directly to the "self's well-being" (82). In contrast to both impartiality and altruism, universal love accents " inclusiveness " over " comparative measurement." On a descriptive level, impartialists " fall to take seriously enough the power of self-preoccupation." The simple assertions of equal regard do not meet the need for ameliorative strategies to correct our tendencies toward selfishness and pride. There are other disparities between self- and neighbor-love and thus between universal love and impartiality. In contrast to impartiality, universal love includes "legitimate, normative self-regarding considerations." This provides a response to the criticism that Christian love involves selfannihilation. A complete passivity to others can result in a loss of a determinate sense of self; but, as Outka argues, such passivity is not 313 314 BOOK REVIEWS to be confused with Christian humility. Rather, it can be rooted in the sin of sloth, disguised as humility. The theocentric concern with the self avoids both pride and sloth through obedient willing. Finally, there are legitimate and ineradicable self-regarding considerations at the descriptive level: I cannot "promote and protect" the well-being of neighbor and self in " exactly the same way" (87). In "Who is My Neighbor? Love, Equality, and Profoundly Retarded Humans,'' Edmund Santurri contrasts the humanist and inclusive view of equal worth with the rationalist view, which identifies being a person with having a rational capacity to desire, choose, evaluate, and so forth. As a way of clarifying the Christian-humanist view, Santurri considers various interpretations of the scriptural language concerning man as an image of God. He argues that in the biblical narrative all beings born of humankind are created in God's image. He then addresses two rival construals of personhood. The first limits personhood to those who have the capacity to value their existence, while the second accords equal standing to those who can participate in communal deliberation. Both views abstract from historical and social con· nections embedded in species life (124). The argument for inclusion of the severely retarded rests not on reductionist biological principles, hut upon social phenomena: " the retarded are born of us, look like us, and interact with us in a wide assortment of highly distinctive social settings " (126). In "'Agape' and Special Relations," William Werpehowski begins by engaging Gewirth's attempt to justify ethical particularism on the basis of ethical universalism. While his view is not as susceptible to criticism as some have thought, Werpehowski is nonetheless sympathetic with the concerns of Amelie Rorty, who worries that a view like that of Gewirth " locates the focus of moral theory and moral action in the processes and rules for justification " which thus " underdescribe and underdetermine the detailed thoughtfulness required for appropriate action" (146-147). As a corrective, Werpehowski appeals to Christian moral discernment or prudence. In a number of... (shrink)

The fate of the half a million or so free-ranging elephants in Africa depends on the choices people will make. What ‘moral standing’ do elephants deserve, and thus what constraints should we impose on our behaviour towards them? To assess the state of our knowledge about ethics and elephants is no easy affair. Different views on the moral standing of elephants and thus the obligations humans owe elephants, are not really a matter of scientific knowledge, although such knowledge might deeply (...) influence our chosen ethics. At stake are human value choices that are developed through argument and discussion into ethical positions that suggest, prescribe, or legislate acceptable behaviour, and proscribe or discourage unacceptable treatment of elephants. The point of this assessment is thus to determine which ethical positions have been developed on various matters concerning the management of elephants and have been justified through reasoning. This chapter portrays the different ethical views relevant to the management of elephants that are present in some or other form in the public domain. The aim is to make readers aware of the multiplicity of ethical issues involved in elephant management, as seen from a variety of ethical viewpoints. The complexity of the benefits and harm that accompany different management options will be clarified. The chapter is divided into five sections: (1) our human responsibility towards elephants, (2) the accountability of elephant custodians, (3) the moral standing of elephants, (4) ethical theories, and (5) ethics and management options. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE QUEST FOR AN ADEQUATE PROPORTIONALIST THEORY OF VALUE RoNALD H. McKINNEY, S.J. U'IWversity of Scranton Scranton, Pennsylvania EDWARD VACEK shrewdly observes that proportionalism attempts to synthesize the crucial insights of both the teleologist and the deontologist.1 Indeed, Vacek provides a fine summary of this achievement. However, he reflects that the most underdeveloped feature of proportionalism is its value theory by which we are enabled to know (...) how to resolve conflict situations.2 Richard McCormick, among others, has attempted to meet this deficiency by ·adopting John Finnis' notion of associated basic goods. In this essay, I will show how such an ·approach fails to remain true to the basic aims of proportionalism. Nor should this come as a surprise, since Finnis is himself indebted to one of McCormick's archopponents, Germain Grisez. Moreover, I will attempt to outline the elements involved in a non-hierarchfoal theory of value which I will argue to be the only adequate alternative to McCormick 's attempted solution. Deontologists argue that certain acts are right or wrong regardless of the ·consequences. Proportionalists, however, are opposed to such notions as an " intrinsically evil " act or an "absolute" duty, since they recognize the existence of moral dilemmas. A moral dilemma arises whenever there is a situation in which pre-moral values •are in conflcit, i.e., whatever choice one makes will result in the omission or harm of one or other of the values at stake. According to the proportionl Edward Vacek, "Proportionalism: One View of the Debate," Theological Studies 46/2 (June, 1985), 289. 2 Va.eek, 302. 56 PROPORTIONALIST THEORY OF VALUE 57 alist reformulation of the principle of double effect, the permission or oausrution of ontic evil is not necessarily a moral evil as long as there is a proportionate reason justifying,such an action, e.g., when a father shoots an!intruder threatening to harm his family. McCormick's initial description of the requirements of proportionate reason [s ias follows: "a) a v1alue at least equal to that sacrificed is at 1 stake; b) there is no less harmful way of protecting ithe value here and now; c) the manner of its protection here and now will not undermine it in the long run." 8 McCormick argues that it simply will not do to claim that the ontic evil permitted or caused in a conflict situation is always only indirectly intended.4 For, in many instances, this simply is not true. Moreover, he would argue that to intend an end is not necess1arily to desire it as deontologists suppose. What justifies the ontic evil resulting from such actions, then, is solely the proportionate reason for which it is allowed or caused. There are some obvious criticisms that have been hurled at this proportionalist proposal for resolving conflict situations: I) that it leaves itself open to the practical, if not theoretical, difficulty of weighing different values;!2) that it results in the possibility of many resolutions that could go counter to our normal moral intuitions; 8) that there exists an inherent fallibility in the calcul,ation of long-range consequences; and 4) that this uncertainty might easliy promote an undesirable attitude of skeptical relativism. It is perhaps the onslaught of these and other criticisms which prompted McCormick to adopt Finnis' theory of associated basic goods. Lisa Cahill,argues that this new theory constitutes an "abandonment" of McCormick's prior proposal.5 To understand how this new theory leads to inevitable s Richard McCormick, ".Ambiguity in Moral Choice," Doing Evil To Achieve Good: Moral Choice in Oonfiict Situations, eds. R. McCormick and P. Ramsey (Chicago: Loyola U. Press, 1978), 45. 4 McCormick, 35-38. 5 Lisa Cahill, "Theology, Utilitarianism, and Christian Ethics," Theologica,I Studies 42/4 (Dec., 1981), 618-24. 58 RONALD H. MCKINNEY, S.J. inconsistency for McCormick, we must first examine Finnis' position itself. Finnis' Theory of Basic Goods By "value," Finnis refers to any " general form of good that oan be participated iin or realized in indefinitely many ways on indefinitely many occasions." 6 Basic values, moreover, refer to ·intrinsic goods that are desired for their own sake (NL, 62, 65). They are good not because they are... (shrink)

Theories of justice, argues Virginia Held, are usually designed for a perfect, hypothetical world. They do not give us guidelines for living in an imperfect world in which the choices and decisions that we must make are seldom clear-cut. Seeking a morality based on actual experience, Held offers a method of inquiry with which to deal with the specific moral problems encountered in daily life. She argues that the division between public and private morality is misleading and shows convincingly that (...) moral judgment should be contextual. She maps out different approaches and positions for various types of issues, including membership in a state, legal decisions, political activities, economic transactions, interpersonal relations, diplomacy, journalism, and determining our obligation to future generations. Issues such as these provide the true test of moral theory, since its success is seen in the willingness of conscientious persons to commit themselves to it by acting on it in their daily lives. (shrink)