This chapter contains sections titled: Definition of Torture What Is Wrong with Torture? The Moral Justification for One‐Off Acts of Torture in Emergencies The Moral Justification for Legalized and Institutionalized Torture Conclusion.

I present here a case against the evidentialist approach that claims that in so far as our interests are epistemic what should guide our belief formation and revision is always a strict adherence to the available evidence. I go on to make the stronger claim that some beliefs based on admittedly “insufficient” evidence may exhibit epistemic virtue. I propose that we consider a form of courage to be an intellectual or epistemic virtue. It is through this notion of courage that (...) we can see a weakness in the evidentialist position. Adopting a doxastically courageous approach allows us to acknowledge the role that evidence has in epistemic justification and its connection with promoting epistemic value, but it avoids the narrowness of an evidentialist position. The epistemically courageous agent is not one who disregards the evidence entirely, but she also realizes that taking risks will not necessarily keep her from her epistemic goals. Believing something in the face of insufficient evidence is not always an epistemic vice to be avoided, and the agent that recognizes this is better off for it. (shrink)

Schelling’s middle period works have always been a source of fascination: they mark a break with the idealism (in both senses of the word) of his early works and the Fichtean and then Hegelian tradition; while they are not weighed down by the reactionary burden of his late lectures on theology and mythology. But they have been equally a source of perplexity. The central work of this period, the Essay on Human Freedom (1809) takes as its topic the moral (...) problem of freedom, but spends much of its time telling a mystical-metaphysical story about the creation of the world that attempts to paint a picture of a kind of irreducible metaphysical contingency in nature. What is the relation between the moral and the metaphysical elements of the Freedom essay? It has never been obvious. But some recent Anglophone scholarship suggests an answer. In her Freedom and Reason in Kant, Schelling and Kierkegaard (2006) Michelle Kosch presents a strong case for the view that Schelling’s Freedom essay is motivated by a critique of Kant’s conception of autonomy in ethics. The idea is that Kant’s problems start not if he fails to show that it is rational to be moral, but if he succeeds. For if he does, then it is irrational to be immoral, and hence it is impossible for a rational agent to act immorally: an act not in conformity with duty is evidence of irrationality (perhaps one’s rational agency has been thwarted by pathological inclinations). This is broadly the Socratic position: evil, as a knowing immoral act, is not possible. Officially Kant rejects the classical view, most explicitly in his 1793 Religion with the Bounds of Mere Reason, for a Christian position in which freedom is understood as the freedom to choose between good and evil without thereby abandoning one’s agency. But he has no obvious means for doing so. Kosch attempts to show that Schelling comes, by 1809, to identify his early work with something like this Kantian dilemma: we are as badly off when it comes to our freedom if we are pushed around by reasons as if we are pushed around by causes: the Hegelian ruse of reason is as inimical to our agency as phenomenal determinism. The Freedom essay is the result of Schelling’s attempt to defend a muscular, Christian conception of the possibility of evil. Nevertheless, for Kosch, Schelling’s move to the metaphysical level is still problematic: just where one would expect an account of norms that does not infer them from our rational autonomy, we get, puzzlingly, a cosmology. I will argue that Kosch’s matrix for interpreting Schelling in fact does give us a way of understanding Schelling’s metaphysics of contingency. In broad outline, Schelling’s argument is that our choice of metaphysical schema is constrained by a correct understanding of agency: the world cannot be causally determined because that is inconsistent with our understanding of ourselves as agents; but equally the world cannot be rationally determined, and for the same reason. Schelling’s metaphysics of contingency is an unpacking of the consequences of this inference, and not a botched attempt to ground values outside of rational autonomy. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic (...) compensation and non-apologetic compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

How can we make moral sense of the international humanitarian law doctrine of combatant immunity? The doctrine is morally shocking to many: It holds soldiers on both sides of a war immune from criminal prosecution for their otherwise criminal acts of killing, maiming, destroying property, etc., carried out as part of their country's war effort. That is, soldiers who kill as part of an attack benefit from the immunity just as much as those defending their country. Traditionally, just (...) war theorists have tried to provide situation‐specific arguments to show that soldiers on both sides had a good moral justification for their actions. Recently, self‐styled “revisionist just war theorists” have suggested that the doctrine of combatant immunity is just a convention designed to minimize harm. In this article, I suggest that the moral foundation of the doctrine lies in the status of soldiers as public officials in the service of their country. The reason why we hold them immune from prosecution for their war‐making acts is that such acts are properly thought of as acts of a state, rather than as acts of a particular individual. And the reason why states are immune from prosecution for their acts is one of moral standing: No other state has the moral standing to tell another how to carry out the matters that define its jurisdiction. So as long as a country deems (however implausibly) that it must use force to defend itself from aggression, then it may do what is required to defend itself. No other state has the standing to prohibit such acts or to punish those who carry them out. This argument is rooted in an understanding of how individuals may interact as free and equal under law. It does not aim at the perfection of human action, but it does serve to eliminate the worst forms of tyranny. (shrink)

Photo ID 72893750 © Rawpixelimages|Dreamstime.com ABSTRACT Solidarity is a concept increasingly employed in bioethics whose application merits further clarity and explanation. Given how vital cooperation and community-level care are to mitigating communicable disease transmission, we use lessons from the COVID-19 pandemic to reveal how solidarity is a useful descriptive and analytical tool for public health scholars, practitioners, and policymakers. Drawing upon an influential framework of solidarity that highlights how solidarity arises from the ground up, we reveal how structural forces can (...) impact the cultivation of solidarity from the top down, particularly through ensuring robust access to important social determinants of health. Public health institutions can support solidarity movements among individuals and communities by adopting a lens of social justice when considering public health priorities and, in turn, promote health equity. INTRODUCTION Over the past two decades, scholars have invoked the concept of solidarity when assessing a wide range of topics in bioethics, from CRISPR-Cas9 technology to organ donation to structural racism.[1] However, the growing literature on solidarity has not fully examined the roles and responsibilities of institutions and governments in fostering solidarity, especially regarding public health measures that implicate entire populations. We argue that it remains unclear how public health institutions should engage with solidarity and how their engagement will affect public health and its ethics. We first take Prainsack and Buyx’ three-tiered framework as an analytical starting point.[2] We then explore how public health institutions can foster solidarity by carefully considering factors that may bolster it on an interpersonal, community, and national scale. We conclude that public health institutions should adopt a lens of social justice to promote solidarity at the interpersonal and community levels, thereby promoting equity in future public health efforts. BACKGROUND Calls for solidarity in bioethics raise longstanding normative questions about the nature and limits of our duties to one another and how to weigh autonomy over considerations of justice.[3] Though the term is diversely applied, Prainsack and Buyx propose a potentially unifying definition in the 2011 Nuffield Council report, “Solidarity: Reflections On An Emerging Concept in Bioethics.” The report defines solidarity as an activity involving “shared practices reflecting a collective commitment to carry financial, social, emotional, and or other ‘costs’ to assist others.” Their conceptualization also includes important features that distinguish solidarity from other values like empathy or altruism: solidarity emphasizes action rather than mere internal feeling and recognition of connection as motivation.[4] Bioethicists have since applied this conceptualization when analyzing issues in public and global health, given that population-level efforts need cooperation from individuals and communities. Prainsack and Buyx further note that solidarity is relevant in bioethics discourses about justice and equity, in support of providing aid to low- and middle-income countries, and as a value exemplified by European welfare states.[5] Other bioethicists have argued that promoting solidarity can contribute to community engagement, partnership with Tribal communities, and global health equity.[6] Most recently, scholars have applied solidarity as a lens to assess the COVID-19 pandemic, highlighting the pitfalls of national mitigation efforts and global disparities in disease outcomes.[7] I. Solidarity at Three Levels It seems impossible to foster solidarity in public health if we cannot identify it in general contexts. Prainsack and Buyx articulate three levels of solidarity: interpersonal solidarity, group solidarity, and legal or contractual codifications of solidarity.[8] They argue that each level inherently informs the one ‘above’ it in a unilateral direction. In other words, solidarity is fundamentally a bottom-up phenomenon. Solidarity among individuals influences group norms, which then have the potential to shape policy and institutional practice.[9] Within the Prainsack and Buyx framework, it would seem nonsensical to posit how solidarity might be expressed vertically or from the “top down.” It appears intuitively odd to imagine how a government entity might ‘be’ in solidarity with a person or group if solidarity requires some cognition about their condition per Prainsack and Buyx’ definition. Some have argued that solidarity does not seem like something that one can impose, as instances of it arise from agents recognizing and acting upon some bond rather than in response to a command. Indeed, people may be rightfully hesitant to engage in solidarity if the official messaging is overly paternalistic or coercive.[10] However, some authors have countered that governments can express solidarity through enacting structural and policy changes, though it is ambiguous how these actions are distinct from a justice-driven approach.[11] If a bottom-up approach is thus the most practical means of achieving policy that reflects solidarity, then it does not add much to public health. Institutions would be ineffective without the population’s initiation of the corresponding social norms. However, we find this conclusion overly pessimistic. Fostering a culture of solidarity to improve public health has potential merit. Prainsack and Buyx’ framework overlooks how public health actors can influence solidarity between individuals and across communities. To clarify, we agree with the view that solidarity is a bottom-up phenomenon. Solidarity may not be able to originate in a top-down fashion, but we suggest that public health institutions can take a more active role in providing the public with accurate information, promoting social justice, and intervening in the social determinants of health. II. The COVID-19 Pandemic as a Case Study Lessons learned from the ongoing COVID-19 pandemic support our argument. The pandemic deepened socioeconomic disparities in the US and hindered access to vital resources such as food, housing, and healthcare.[12] Prainsack recently noted: “[n]ext to the immediate health effects of the virus, poverty and grave inequalities have been the root causes of human suffering during the pandemic.”[13] Prior to the pandemic, many rural and low-income populations lacked reliable access to the internet and devices like laptops or smartphones. This continued lack of access restricts the flow of information and prevents people from accessing telemedicine services.[14] Preexisting social, political, and health inequities worsened health outcomes among many marginalized racial and ethnic groups. It is well-documented that communities of color, including Black, American Indian or Alaska Native, and Latinx populations, had greater COVID-related mortality and morbidity due to the effects of structural racism.[15] Although federal US agencies such as the Centers for Disease Control and Prevention enacted laws that provided safety nets (e.g., the Federal Eviction Moratorium), the majority of such programs have ended, leaving many with little assistance and the threat of further hardship.[16] These disparities are relevant because Prainsack, Buyx, and others note that solidarity arises from agents recognizing and acting on some perceived attainable collective goal(s). Income inequality and disparate access to food, education, and health care may lead people to consider public health goals unattainable. This could limit the desire to work toward those goals collectively.[17] The existing literature on collective action theory supports this intuition. It emphasizes that structural conditions, such as an absence of perceived hope for social change among a group, can lead to low ‘group efficacy’ and little willingness to cooperate, both within and across socioeconomic strata.[18] The pandemic spurred countless messages from public health agencies. The messaging did not recognize or attend to the different material realities and circumstances of the US population. How can people feel comfortable getting vaccinated if they deeply distrust the government, including public health institutions? How can people remain motivated to wear masks and distance themselves if they cannot afford basic necessities and work jobs without adequate pay and leave policies? We ask these questions to illustrate how socioeconomic disparities can marginalize people if they feel ignored, apathetic, or resentful of those better off or those in power whom they perceive to “not be doing enough.” This marginalization precludes the formation of solidarity. There are instances when a population has disparate access to resources and social capital, but solidarity may still emerge from a shared goal or vision for the future. For example, a heterogeneous population living in the same town may come together to protest an environmental injustice that impacts their water supply with the common goal of securing access to safe drinking water. However, many populations in the US failed to recognize shared goals of this kind during the COVID-19 pandemic. A significant minority of the US population was reluctant to acknowledge the severity of COVID-19 infection and thus refused to participate in efforts to mitigate its spread. Even between groups who shared the goal of slowing COVID-19 transmission, the methods were widely debated. Approximately 20 percent of the adult population eligible for vaccination remains unvaccinated.[19] Governmental bodies responsible for disseminating information, coordinating the allocation of resources, and establishing guidelines have a large role in mediating these disagreements and intervening in socioeconomic conditions that impact people's ability and willingness to engage in solidarity. III. Solidarity, Social Justice, and the Role of Public Health Institutions Adopting a lens of social justice provides further insights into how public health actors impact solidarity. Powers and Faden argue that the “foundational moral justification for the social institution of public health is social justice.”[20] Their theory of social justice has two aims. First, it ensures that everyone has a sufficient amount of the six core elements of well-being and that public health institutions are responsible for “adopting policies and creating environments” where all can flourish.[21] Second, public health institutions should distribute resources meant to promote well-being and focus on the “needs of those who are the most disadvantaged.”[22] Public health institutions should enact policies that address injustice. In doing so, public health institutions can seed the opportunity to build solidarity from the bottom up. Equipping individuals and communities with resources will foster cooperation and adherence to policies that require solidarity, such as masking and vaccination. This is consistent with arguments illustrating how institutions such as Tribal governments promote the conditions needed for their group, and especially its most vulnerable members, to flourish.[23] Addressing social determinants of health with a social justice lens will create the circumstances under which more individuals and groups can find common causes and foster solidarity. In the long run, such efforts may result in the establishment of values and practices from the bottom up. There are societal and public health preconditions required before institutions can expect their audience to act in solidarity with one another. Through their great influence over information and resources, public institutions do have the power to impact what values are most widespread. Furthermore, public health may foster trust and hope, which are important psychosocial factors that influence collective action,[24] if policies increase access to resources that promote well-being. Messaging efficacy also depends on the context of public trust, education, and whether the institutions meet one’s basic needs. Disparate messaging across different public institutions may confuse or disillusion individuals. To apply our theory of solidarity to the decision to vaccinate, a policy would be to foster conditions that facilitate access to vaccines and information about vaccine efficacy instead of imposing a top-down mandate without first eliciting public trust. IV. Counterargument Some argue that discordant public health messaging, ineffective government, and inadequate social programs can also bring people together under pressure and foster solidarity. One may argue that the most powerful motivators towards solidarity are strife and disparity, as evidenced throughout history. During the pandemic alone, political struggle and personal hardship inspired solidarity in the US, from individual neighbors helping each other to mutual aid groups forming across communities. We thus do not claim that solidarity is possible only when our government programs and public health institutions are most effective. We instead point out that solidarity can be further hindered when people feel alienated, hopeless, and pitted against each other. CONCLUSION Many competing conceptualizations of solidarity persist in the bioethics literature, and Prainsack and Buyx offer one compelling framework that public health ethicists continue to draw upon.[25] However, their framework fails to acknowledge how public health institutions impact interpersonal and group solidarity. Public health institutions can foster solidarity through actions other than mere messaging, invoking catchphrases like “we are all in this together.” Efforts to address socioeconomic preconditions and alleviate health disparities can cultivate group solidarity. As we saw during the pandemic, cooperation and solidarity go hand-in-hand with disease mitigation efforts; solidarity has clear intrinsic value.[26] As this relationship becomes more apparent, we will continue to see attempts from public health institutions to foster or invoke solidarity. Therefore, public health institutions would be remiss to ignore their role in addressing the social determinants of health. Adopting a social justice lens when planning public health interventions will clarify and strengthen their role in facilitating solidarity. Ultimately, if health disparities continue to persist or widen, it is very hard to imagine how group solidarity can ever be achieved. The widescale adoption of many public health measures needed to promote health and well-being would be conducive to solidarity. - Disclaimer: The opinions expressed are the authors’ and do not represent the views of the NIH, DHHS, or the U.S. government. Funding Disclosure: This work was supported in part by the Intramural Program of the National Institutes of Health Clinical Center. - [1] John J Mulvihill et al., “Ethical Issues of CRISPR Technology and Gene Editing through the Lens of Solidarity,” British Medical Bulletin 122 (2017): 17–29, https://doi.org/10.1093/bmb/ldx002; Ben Saunders, “Altruism or Solidarity? The Motives for Organ Donation and Two Proposals,” Bioethics 26, no. 7 (September 2012): 376–81, https://doi.org/10.1111/j.1467-8519.2012.01989.x; -Vanessa Y Hiratsuka, “SPECIAL REPORT: A Critical Moment in Bioethics: Reckoning with Anti-Black Racism through Intergenerational Dialogue A Call for Solidarity in Bioethics: Confronting Anti-Black Racism Together,” 2022, https://doi.org/10.1002/hast.1380. [2] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics London: Nuffield Council on Bioethics, 2011; Prainsack and Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach.” Bioethics 26, no. 7 (September 2012): 343–50. https://doi.org/10.1111/J.1467-8519.2012.01987.X. [3] Bob Simpson, “A ‘We’ Problem for Bioethics and the Social Sciences: A Response to Barbara Prainsack,” Science, Technology, & Human Values 43, no. 1 (January 12, 2018): 45–55, https://doi.org/10.1177/0162243917735899. [4] Barbara Prainsack and Alena Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics (London: Nuffield Council on Bioethics, 2011). [5] Barbara Prainsack and Alena Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach,” Bioethics 26, no. 7 (September 2012): 343–50, https://doi.org/10.1111/J.1467-8519.2012.01987.X. [6] Bridget Pratt, Phaik Yeong Cheah, and Vicki Marsh, “Solidarity and Community Engagement in Global Health Research,” The American Journal of Bioethics : AJOB 20, no. 5 (May 3, 2020): 43–56, https://doi.org/10.1080/15265161.2020.1745930; Sara Chandros Hull, F. Leah Nez (Diné), and Juliana M. Blome, “Solidarity as an Aspirational Basis for Partnership with Tribal Communities,” The American Journal of Bioethics 21, no. 10 (October 3, 2021): 14–17, https://doi.org/10.1080/15265161.2021.1965258; Mbih J. Tosam et al., “Global Health Inequalities and the Need for Solidarity: A View from the Global South,” Developing World Bioethics 18, no. 3 (September 1, 2018): 241–49, https://doi.org/10.1111/DEWB.12182. [7] Peter West-Oram, “Solidarity Is for Other People: Identifying Derelictions of Solidarity in Responses to COVID-19,” Journal of Medical Ethics 47, no. 2 (February 1, 2021): 65–68, https://doi.org/10.1136/MEDETHICS-2020-106522; Barbara Prainsack, “Solidarity in Times of Pandemics,” Democratic Theory 7, no. 2 (December 1, 2020): 124–33, https://doi.org/10.3167/DT.2020.070215; F. Marijn Stok et al., “Social Inequality and Solidarity in Times of COVID-19,” International Journal of Environmental Research and Public Health 18, no. 12 (June 2, 2021), https://doi.org/10.3390/IJERPH18126339; Ming Jui Yeh, “Solidarity in Pandemics, Mandatory Vaccination, and Public Health Ethics,” American Journal of Public Health 112, no. 2 (February 1, 2022): 255–61, https://doi.org/10.2105/AJPH.2021.306578; Barbara Prainsack, “Beyond Vaccination Mandates: Solidarity and Freedom During COVID-19.,” Am J Public Health 112, no. 2 (February 1, 2022): 232–33, https://doi.org/10.2105/AJPH.2021.306619. [8] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics London: Nuffield Council on Bioethics, 2011; Prainsack and Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach.” Bioethics 26, no. 7 (September 2012): 343–50. https://doi.org/10.1111/J.1467-8519.2012.01987.X. [9] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics London: Nuffield Council on Bioethics, 2011; Prainsack and Buyx, “Solidarity in Contemporary Bioethics--towards a New Approach.” Bioethics 26, no. 7 (September 2012): 343–50. https://doi.org/10.1111/J.1467-8519.2012.01987.X. [10] Yeh, “Solidarity in Pandemics, Mandatory Vaccination, and Public Health Ethics”; Prainsack, “Beyond Vaccination Mandates: Solidarity and Freedom During COVID-19.” [11] Ho, Anita, and Iulia Dascalu. "Relational solidarity and COVID-19: an ethical approach to disrupt the global health disparity pathway." Global Bioethics 32, no. 1 (2021): 34-50; West-Oram, Peter. "Solidarity is for other people: identifying derelictions of solidarity in responses to COVID-19." Journal of Medical Ethics 47, no. 2 (2021): 65-68. [12] Monica Webb Hooper, Anna María Nápoles, and Eliseo J. Pérez-Stable, “COVID-19 and Racial/Ethnic Disparities,” JAMA 323, no. 24 (June 23, 2020): 2466, https://doi.org/10.1001/jama.2020.8598. [13] Prainsack, Barbara. “Beyond Vaccination Mandates: Solidarity and Freedom During COVID-19.” Am J Public Health 112, no. 2 (February 1, 2022): 232–33. https://doi.org/10.2105/AJPH.2021.306619. [14] Camille A Clare, “Telehealth and the Digital Divide as a Social Determinant of Health during the COVID-19 Pandemic,” Network Modeling Analysis in Health Informatics and Bioinformatics 10 (2021): 26, https://doi.org/10.1007/s13721-021-00300-y. [15] Patrick Nana-Sinkam et al., “Health Disparities and Equity in the Era of COVID-19,” Journal of Clinical and Translational Science 5, no. 1 (March 16, 2021): e99, https://doi.org/10.1017/cts.2021.23. [16] Kathryn M Leifheit et al., “Expiring Eviction Moratoriums and COVID-19 Incidence and Mortality,” American Journal of Epidemiology 190, no. 12 (December 1, 2021): 2503–10, https://doi.org/10.1093/aje/kwab196. [17] Barbara Prainsack, “Solidarity in Times of Pandemics,” Democratic Theory 7, no. 2 (December 1, 2020): 124–33, https://doi.org/10.3167/DT.2020.070215 [18] Maximilian Agostini and Martijn van Zomeren, “Toward a Comprehensive and Potentially Cross-Cultural Model of Why People Engage in Collective Action: A Quantitative Research Synthesis of Four Motivations and Structural Constraints.,” Psychological Bulletin 147, no. 7 (July 2021): 667–700, https://doi.org/10.1037/bul0000256. [19] Department of Health and Human Services (HHS) Centers for Disease Control and Prevention (HHS/CDC), “COVID Data Tracker,” 2023, https://covid.cdc.gov/covid-data-tracker. [20] Powers, Madison, and Ruth Faden. Social Justice: The Moral Foundation of Public Health and Health Policy. 1st editio. New York: Oxford Press, 2006, p. 9 and Chapter 4 [21] Powers and Faden, Social Justice: The Moral Foundation of Public Health and Health Policy; Madison Powers and Ruth Faden, Structural Injustice: Power, Advantage, and Human Rights (New York: Oxford University Press, 2019). [22] Powers, Madison, and Ruth Faden. Social Justice: The Moral Foundation of Public Health and Health Policy. 1st editio. New York: Oxford Press, 2006, p. 10 [23] Bobby Saunkeah et al., “Extending Research Protections to Tribal Communities,” The American Journal of Bioethics 21, no. 10 (October 3, 2021): 5–12, https://doi.org/10.1080/15265161.2020.1865477. [24] Agostini and van Zomeren, “Toward a Comprehensive and Potentially Cross-Cultural Model of Why People Engage in Collective Action: A Quantitative Research Synthesis of Four Motivations and Structural Constraints.” [25] Prainsack and Buyx, Solidarity: Reflections on an Emerging Concept in Bioethics. [26] Ruth Chadwick, “COVID‐19 and the Possibility of Solidarity,” Bioethics 34, no. 7 (September 8, 2020): 637–637, https://doi.org/10.1111/bioe.12813. (shrink)

Since Henry Shue’s classic 1978 paper on torture, the “ticking-bomb case” has seemed to demonstrate that torture is morally justified in some moral emergencies (even if not as an institution). After presenting an analysis of torture as such and an explanation of why it, and anything much like it, is morally wrong, I argue that the ticking-bomb case demonstrates nothing at all—for at least three reasons. First, it is an appeal to intuition. The intuition is (...) not as widely shared as necessary to constitute the required demonstration. Second, the intuition is not as reliable as necessary for such a demonstration. We lack the experience that would vouch for it. And, third, Shue’s own discussion suggests that what we are intuiting (if we share Shue’s intuition) is an excuse rather than a justification. (shrink)

One major objection to social rights is a failure of determining which precise social and economic claims should be granted rights status. The social rights debate has grappled with this ‘indeterminacy problem’ for quite some time, and a number of proposals have emerged aimed at fixing the content of these rights. In what follows I examine three distinct approaches to fleshing out the idea of a minimum threshold: social rights as the fulfilment of basic needs, social rights as the securing (...) of a minimally decent life and social rights as a requirement of citizenship. Each of these proposals progressively expands on what the minimum threshold of social rights requires and, conversely, what obligations they generate on part of the state. I will show that none of these approaches is entirely satisfactory and suggest that the social rights debate look elsewhere to determine its content. (shrink)

The prospect of replication of human beings through genetic manipulation has engendered one of the most controversial debates about reproduction in our society. Ideology is clearly influencing the direction of research and legislation on human cloning, which may present one of the greatest existential challenges to the meaning of creation. In this article, I argue that, in view of the possibility that human cloning and other emerging technologies could enhance physical and cognitive abilities, there is a need for a different (...) way of thinking about life, new technologies and creation. New scientific discoveries require a shift in the way psychology takes responsibility to help individuals and society. Today, psychology needs to follow the progress that humans are taking toward a transhuman stage of development as a transition to a later posthuman stage. (shrink)

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

ABSTRACT The phrase “Enlightenment rhetoric” typically denotes discourses bent on rejecting classical oratorical styles in favor of purportedly scientific ones. Likewise, scholars often associate Enlightenment rhetorical styles with the scientific epistemologies that emerged in the seventeenth and eighteenth centuries. This article reconsiders Enlightenment rhetoric by analyzing David Hume’s 1742 essay “Of Eloquence.” More specifically, the article argues that the Scottish Enlightenment context necessitated a rhetoric that compensated for the discursive limitations of new scientific worldviews. In so doing, the article argues (...) that Hume verbalizes the transcendent dimension of classical eloquence in ways commensurate with the emphasis on perspicuity emerging in English culture, a rhetorical maneuver that the author calls discursive transcendence. Hume’s “Of Eloquence” thus serves as a case study demonstrating how an Enlightenment writer advanced a rhetoric that both rejects and pulls from prior rhetorical traditions, constituting a new understanding of Enlightenment rhetoric. (shrink)

Even people who think torture is justified in certain circumstances regard it - to say the least - as undesirable, however necessary they think it is. So I approach the issue by analysing the extreme case where people such as Dershowitz, Posner and Walzer think torture is justified, the so-called ticking bomb scenario. And since the justification offered is always consequentialist - no one thinks that torture is in any way “good in itself” – I confine (...) myself to consequentialist arguments. That is to say, I take the argument on its own terms, since any non-consequentialist objection to torture merely invites the response, ‘So much the worse for non-consequentialism’: if a moral theory insists that torture is wrong even if it would save thousands of lives that just shows how wrong the theory is . I focus only on the question of the moral justifiability of torture in the ‘ticking bomb’ case, and do not not ask whether, even if admittedly immoral, it should nonetheless be legalised (see Brecher, Torture and the Ticking Bomb, Wiley-Blackwell 2007)). My main argument is in two parts: (1) the “ticking bomb” scenario falls apart when analysed; and (2), even if it did not, the likely consequences of permitting torture would be worse than the bomb’s going off. Finally I briefly consider a genuine case. Further questions and readings are appended. (shrink)

: In some cases in which rational and moral agents experience moral uncertainty, they are unable to assign exact degrees of moral value—in a non-arbitrary way—to some of the different acts available to them, and so are unable to choose with certainty the best act. This article presents a new justification for the use of lotteries in this kind of situation. It is argued that sometimes the only rational thing for a morally motivated agent to (...) do here is to use a lottery. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:My Story:Evolving ObesitiesAnonymous OneI am a 66–year–old Caucasian woman. I have always had, either in perception or fact, a “weight problem.” In my childhood and early teens when my weight was within the normal range, I felt fat and was always trying to lose weight. After gaining weight in college, I had a weight problem in body as well as mind. Weight concerns have consumed much of my energy (...) over the years. I have spent most of my life evolving toward a healthy way to manage my weight.Act 1: Obesity as MetaphorI can’t remember ever not feeling fat. Growing up I felt humiliated and shamed by my body, even though I was not overweight, just bigger than my peers, with a pear shape and heavy legs, thighs, and ankles. In high school my BMI, although not used at the time as a measuring tool, was 22.8. Yet despite these facts, I was made to feel fat.In my family being overweight was tantamount to sin. My father and sister were tall and skinny; my mother was petite and shapely. I took after another genetic code—the dumpy ones with knocked knees—the grotesque branch of the family tree. Hand–me–downs from my sister were supposed to fit me, but we were too different, and the difference was not celebrated.Other things were at play, a perfect storm of conditions that contributed to my feelings of worthlessness. I really shouldn’t have been born. The earth should have opened up and swallowed me. Of course I was not conscious of reasons for these feelings at the time. That awareness came later. But these feelings of loss, grief, terror, and terrible wrongness were the context of my struggles over the years.I developed a pattern of binge eating, which satisfied two contradictory impulses: my need to nurture myself combined with my desire to punish myself. The intensity of a binge–eating episode was also an avenue for rage. I was young so the extra calories didn’t result in weight gain, but the behavior had begun to take root.Stepping on the scale was like the final judgment. The scale did not measure weight; it measured value. I would see the number, as would the person weighing me, and my failure, as a person, would be evident. My secret shame would become public. I would be declared guilty for the worthless grub that was me.Nothing else mattered: that I was an A student; that I was kind and compassionate; that I had friends. These facts had no bearing. All that counted was the number on the scale. That number sent a shudder of condemnation down to my very soul. That number threatened to hurl me into a bottomless abyss from which I could not escape.I avoided being weighed. I was a very obedient youth, with an exaggerated respect for authority drilled into me by my father. The one time I ever cut class was in high school. I skipped health class where I had heard we would be weighed.The situations when I could not avoid being weighed confirmed my worst fears. Before one gym class we were publicly weighed in [End Page 96] assembly–line fashion. As I stepped off the scale my gym teacher yelled out “Diet” for all to hear. Doctors who knew nothing about me, to whom I had been sent for various required physicals, told me to lose weight.In the mysterious and internally logical way that the mind works, my weight became a metaphor for all that was reprehensible in me. With no comprehension of why I was so unhappy, it was easy for me to fixate on my weight. It was too horrible to contemplate that I was the problem. The problem with me was my size, my body.As I look back now, I am angry that because of its shape, this perfectly wonderful body was judged as wrong, and that there was no compassionate voice loud enough to contradict this message. But at the time I felt no anger. To feel anger over being made to feel bad requires self–respect... (shrink)

In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories (and if one of those is correct), then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism (...) will prove especially recalcitrant to granting moral license of torture, even in idealized cases. Rather than let the Kantian derail my central argument, I directly argue against Kantianism (and other views with similar commitments) on the grounds that, if they cannot accommodate the intuitions in ticking time-bomb cases, they simply cannot be plausible moral views—these arguments come in both foundationalist and coherentist strains. Finally, I postulate that, even if this paper has dealt with idealized cases, it paves the way for the justification of torture in the real world by removing some candidate theories (e.g., Kantianism) and allowing others that both could and are likely to justify real-world torture. (shrink)

What are emergencies and why do they matter? In this chapter (in its penultimate version), I seek to outline the morally significant features of the concept of emergency, and demonstrate how these features generate corresponding first- and second-order challenges and responsibilities for those in a position to do something about them. In section A, I contend that emergencies are situations in which there is a risk of serious harm and a need to react urgently if that harm is (...) to be averted or minimized. These conceptual features matter morally, since it is precisely to them that those who invoke emergencies to justify otherwise impermissible actions tend to appeal. The basic first-order challenge facing emergency responders is two-fold. It is, first, to identify how these features shape circumstances of action in ways that affect (or do not affect) which reasons for action and which corresponding courses of conduct are justifiably available to them. In situations when emergency responders are compelled to make authoritative determinations due to significant contestability and indeterminacies in the contours or materialization of the said features, their challenge is then also to make these determinations legitimately. In section B, I argue that second-order challenges having to do with the foreseeability of emergencies, the value(s) of exposure to them, and their preventability further compound the predicament of emergency responders. I conclude, in section C, by saying a few words about one last morally salient feature shared by many, though not all, emergencies considered in the chapter — namely, their public dimension. (shrink)

In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories (and if one of those is correct), then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism (...) will prove especially recalcitrant to granting moral license of torture, even in idealized cases. Rather than let the Kantian derail my central argument, I directly argue against Kantianism (and other views with similar commitments) on the grounds that, if they cannot accommodate the intuitions in ticking time-bomb cases, they simply cannot be plausible moral views—these arguments come in both foundationalist and coherentist strains. Finally, I postulate that, even if this paper has dealt with idealized cases, it paves the way for the justification of torture in the real world by removing some candidate theories (e.g., Kantianism) and allowing others that both could and are likely to justify real-world torture. (shrink)

THIS ESSAY ARGUES AGAINST LEGAL, POLITICAL, AND ETHICAL JUSTIFICAtions for torture. In the expository sections of the essay, I juxtapose international prohibitions against torture with the current U.S. administration's justifications for harsh interrogation methods on the basis of military necessity and presidential prerogative. I examine the systematic and individual causes of the specific abuses at Abu Ghraib that were tantamount to torture. In the constructive sections of the essay, I retrieve the evolving standards of decency from Supreme (...) Court cases and jus cogens peremptory norms from international law. I contend that torture is deontologically wrong and that the administration's arguments on solely teleological grounds are ethically flawed and contradictory. Engaging numerous interlocutors in law, philosophy, and Christian ethics, I reconceptualize the rule of law in terms of moral vision and an emerging moral consensus, and I hold that these terms provide a more adequate framework for evaluating and repudiating the practice of torture. (shrink)

Several liberal philosophers and penal theorists have argued that the state has a reason to prohibit acts that harm individuals. But what is harm? According to one specification of harm, a person P is harmed by an act (or an event) a iff, as a result of a, P is made worse off in terms of well-being. One central question here involves the baseline against which we assess whether someone is ‘worse off’. In other words, when a person is (...) harmed he is worse off, certainly—but what is worse off a variation from? A central part of the paper critically discusses different answers to this question based on versions of what we can call: the temporal baseline, the baseline from mankind and the counterfactual baseline. Essentially, it will be argued that the counterfactual baseline leaves us with a better understanding of harming than the other baselines discussed. The final part of the paper will describe some of the implications of our investigation for the application and evaluation of the view that harm matters in the justification of which type of acts should be criminalized by the state. The overall conclusion of the paper is that adherents of a view like the harm principle face a dilemma. Either they can accept the counterfactual baseline but then, they can do without the harm principle. Or they can reject the counterfactual baseline—but then they will have to formulate an alternative baseline which, as will be shown in the paper, is no easy task. (shrink)

Techne and Truth. The problem of techne in the dispute between Gorgias and Plato -/- The source of the problem matter of the book is the Plato’s dialogue „Gorgias”. One of the main subjects of the discussion carried out in this multi-aspect work is the issue of the art of rhetoric. In the dialogue the contemporary form of the art of rhetoric, represented by Gorgias, Polos and Callicles, is confronted with Plato’s proposal of rhetoric and concept of art (techne). The (...) ingenuous and dramatic structure of the dialogue composed of three acts, in each of which Socrates’ consecutive interlocutors emerge, is difficult to interpret. It seems, however, that even though the first conversation between Socrates and Gorgias constitutes a small part of the dialogue, it forms the foundations for the discussion. This part, dealing with such important issues as the subject of art, knowledge, power and relation between art and good, is the starting point for the conversations which follow. What do the differences between the Gorgias’ and Plato’s concepts of art consist in? Any attempt to answer the question requires presentation of the background for the discussion taking place in Plato’s work as well as the reconstruction of Gorgias’ vision of the art of rhetoric and art in general, defining the relation between art and knowledge. The latter may be undertaken on the basis of two paraphrases of the treatise “On Non-existence”, two epideictic speeches entitled “Helen” and “Palamedes” and some smaller fragments which have been preserved from Gorgias’ creative output. The treatise “On Non–existence”, very paradoxical in its philosophical meaning, testifies to new, sophistic thinking represented by Gorgias of Leontinoi. The treatise is the polemic and attack on Eleatism based on certain principles and methods elaborated by the Eleatics themselves. It also shows that Gorgias – using traditional Eleatic schemes – is opposed to this tradition. Even though the treatise does not discuss the problem of art directly, it anticipates the considerations from epideictic speeches. “Helen” and “Palamedes” constitute further stages in the development of Gorgias’ thought and concept of art combining typically epideictic elements with some philosophical convictions. Gorgias refers to the Eleatic theme considering the issues of truth, knowledge and belief, yet defining them in the empirical spirit. Solutions in the cognitive sphere determine the horizon of Gorgias’ rhetoric. The word is separated from the existence. Human cognition is limited and therefore the word and visual images affect the belief. This promotes the great importance of rhetoric, painting and sculpture, i.e. the areas which influence in a specific way – creating the “delusion” (ἀπάτη). Through idealization art provides pleasure, which is its objective. Therefore the task of art is to create delusion. The rhetor of Leontinoi discusses the issue of “how?” to use the word ‘rhetoric’. Gorgias is aware that rhetoric may be used to talk about what is unknown and that technical correctness of a rhetoric statement is not identical with the truthfulness of the proclaimed message. Mentioning it, Gorgias shows his respect to the truth as a value which should be respected in speech on the one hand, and on the other emphasizes that the truth in itself has no persuasive power. For this reason it is not enough to proclaim the truth, but, to convince the listeners, the orator should possess the skill of speaking. What is then the relation between truth and art emerging from epideictic speeches? Gorgias undoubtedly emphasizes the formal aspect of speech, as rhetoric is art, thus an ability based on certain principles. According to Gorgias, the truth is the value which should be respected in speeches. Rhetoric is able to create a fictive world, as a great range of reality remains outside direct human experience. Rhetoric does not oppose the truth but discussing not only what is directly given concerns the area outside the sphere of direct experience. This concept of rhetoric is the basis of the discussion about art carried out in the dialogue “Gorgias”. Even though the first of the discussions in the dialogue – the conversation between Socrates and Gorgias – is directly concerned with rhetoric itself, numerous remarks testify to its much wider character. This is best exemplified by the way of carrying out the conversation by Socrates, who, asking questions about rhetoric practised by Gorgias, throughout the whole conversation compares it with other skills. Additionally, the manner and the structure of the conversation prove that Plato considers the issue of rhetoric from a wider perspective determined by the issue of art. The specific feature of the conversation is ordering it around main issues – such notions as πρᾶγμα, ἐπιστήμη, δύναμις, each of which has its own meaning in Plato. In the first part of Gorgias Plato presents the principles previously occurring in other dialogues in a certain order, thus constructing the structure of the conversation with Gorgias. The notions are not novum in Plato but the fact that he clearly wants to systematise them and present a certain concept of art is a new and significant aspect. This tendency is of paramount importance for the discussion because Gorgias’ answers are evaluated by Plato from the perspective of this clearly set concept consisting of not only established notions but also certain principles. The discussion between Socrates and Gorgias introduces a theme which is crucial for the dialogue: the relation between art and good, i.e. the technical and ethical spheres. The issue is introduced by Gorgias, who mentions that rhetoric may be used for evil purposes. On this basis Socrates proves that if rhetoricians can use rhetoric for evil purposes, they have no knowledge concerning the subject of their art – justice, because one who knows what is just, always acts justly. Thus the relation between the technical and ethical spheres transpires to be the main point of contention. The question is whether a technician following the principles of the art he practices may act against good. This paradoxical statement based on the well-known Socrates’ principle "nemo sua sponte peccat" acquires philosophical foundations in the dialogue. In its remaining two parts Plato presents a justification, placing the principle within the framework of a certain concept of art, as a result of which not only rhetoric but also many other skills are criticised. The notions on which the conversation with Gorgias focuses are more precisely defined in the subsequent parts of the dialogue. Additionally, Plato presents twice the conditions which art should fulfill. They oblige the “technicians” to know the nature and purpose of the art and to know the causes of undertaken activities and to be able to justify them. These conditions determine the relation between the two spheres – technical and ethical. According to Plato, art may not act against good because it should be the objective of its activities. Certain concepts of good and knowledge outlined in the dialogue are the guarantees of “technicality”. Good, which should be respected by every art, is understood objectively and is contrasted with subjective pleasure. Knowledge, which should be the basis of art, opposes experience, which uses observation and recollection. Additionally, the definition of knowledge, significance of order in the world assuming the form of “geometrical equality”, significance of mathematics becoming the ideal of exactness indicate that Plato’s concept of knowledge is formed in Gorgias. These conclusions render it impossible that the results of any activity deserving the name of art should oppose good. And this is Plato’s main reproach of Gorgias’ concept, who wrote about false speeches possessing the power of conviction because they were written according to the principles proof of art or who defined tragedy as “a deceit, where he who cheats is more just than he who does not and the cheated is wiser than he who was not cheated”. Such determination of the relation between the technical and ethical sphere resulted from Gorgias’ concept of the world and fundamental philosophical principles. The whole concept of art described by Plato in the dialogue opposes the view presented by Gorgias. According to Plato, every technical activity has a defined object (ἔργον), is based on knowledge (ἐπιστήμη) and is always aimed at the good of human soul or body. The danger revealed and presented in the dialogue by Plato exists in the very concept of art presented by Gorgias, i.e. in its empirical foundations and the resulting understanding of the relation between art and good. Gorgias’ concept of art based on empirical cognition, which concerns the world of phenomena and rejects the possibility of perfect knowledge, leads, according to Plato, to a dangerous falsification of the relation between art and good. Plato proves that this weakness of Gorgias’ concept is revealed when confronted with these representatives of “the magnificent art” who are not protected against radicalism by the adherence to the moral tradition. The comparison of two, completely contrasting concepts of art based on different philosophical understanding of knowledge and good is decisive for the criticism of rhetoric in Gorgias. The concept presented by Plato criticises contemporary rhetoric and sophistry but determines the direction of research of the real art of rhetoric. (shrink)

Taking as the background the discourses on friendship initiated by ancient Confucian and Greek philosophers, this article is focused on Xunzi’s perspective on friends by examining where and how he engages effectively ethical justifications of friendship. It will be argued that although Xunzi shows a kind of consistency with Confucius and Mencius, he comes to justify friendship through his own deliberations on human nature, on learning and education, and on the nature and function of human community. We will then proceed (...) to examine the three perspectives Xunzi takes to highlight the ethical value of friends: friendship can be justified as it is needed in overcoming the inborn tendencies towards competition and strife; friendship can be justified because it is taken as supplementary to learning and education where friends are made equivalent to teachers in terms of moral influence and exemplary models; friendship can be justified because it is necessary for communities to function well and for individuals to lead a good life. We will finally come to the conclusion that these justifications constitute a unique ethics of friendship, which is not only significantly divergent from Greek propositions on friends but also differentiable, one way or another, from those proposed or presumed by Confucius and Mencius, and that the Xunzian philosophy of friendship is still an invaluable resource for us to draw on in the age of globalisation and de-globalisation. (shrink)

The purpose of this article is to explore a critical paradox related to the expression of moral courage in organizations, which is that although morally courageous acts are aimed at fostering collective growth, vitality, and virtue, their initial result is typically one of collective unease, preoccupation, or lapse, reflected in the social ostracism and censure of the courageous member and message. Therefore, this article addresses the questions of why many organizational groups suffer stagnation or decline rather than growth (...) and vitality following acts of moral courage, and what can be done to ameliorate this outcome. A general system, relational psychodynamic perspective through which organizational group members might receive and respond to acts of moral courage is offered, and seven insights emerging from this perspective for fostering collective growth and vitality following acts of moral courage are provided. (shrink)

One of the most difficult challenges of mature legal systems is the need to balance the conflicting demands of stability and flexibility. The demand for flexibility is at odds with the principle of impartiality, which is considered a cornerstone of the rule of law. In the present article, I explore the way in which the law copes with this dilemma by developing the idea of tolerance of incoherence. I argue that tolerance of incoherence emerges from the interplay between the inferential (...) and lexical-semantic rules that determine the meaning of legal speech acts. I base this argument on an inferential model of speech acts, which I develop through a discussion of graded speech acts, and on the idea that the use of speech acts is governed by multiple and potentially conflicting conventions. I show how this tolerance allows the law to resolve the tension between dynamism and traditionality, and discuss its sociological and moral implications. (shrink)

BackgroundIn the Netherlands, patients have the legal right to make a request for euthanasia to their physician. However, it is not clear what it means in a moral sense for a physician to receive a request for euthanasia. The aim of this study is to explore the moral values of physicians regarding requests for euthanasia. MethodsSemi-structured interviews were conducted with nine primary healthcare physicians involved in decision-making about euthanasia. The data were inductively analyzed which lead to the emergence (...) of themes, one of which was about values regarding end-of-life decisions.ResultsFour clusters of values related to euthanasia requests are described: values related to 1) the patient; 2) the family; 3) the physician; and 4) life and death. The data show that the participants value patient autonomy as a necessary but not sufficient condition for meeting a euthanasia request. A good relationship with the patient and the family are important. For the physician, the values physician autonomy, responsibility, understanding the patient and relief of suffering play a role. Life as an intrinsic good and a peaceful death are also important values.ConclusionThis study shows that next to patient autonomy and the relationship with the patient and the family, it is important for the participants to act in accordance with their professional values and to do justice to values related to life and death. The awareness of going against the intrinsic value of life is crucial, even if performing euthanasia may result in a feeling of relief or gratitude afterwards. (shrink)

In this paper, we examine the extent to which the concept of emergence can be applied to questions about the nature and moral justification of territorial borders. Although the term is used with many different senses in philosophy, the concept of “weak emergence”—advocated by, for example, Sawyer (2002, 2005) and Bedau (1997)—is especially applicable, since it forces a distinction between prediction and explanation that connects with several issues in the dis-cussion of territory. In particular, we argue, weak emergentism (...) about borders allows us to distinguish between (a) using a theory of territory to say where a border should be drawn, and (b) looking at an existing border and saying whether or not it is justified (Miller, 2012; Nine, 2012; Stilz, 2011). Many authors conflate these two factors, or identify them by claiming that having one without the other is in some sense incoherent. But on our account—given the concept of emergence—one might unproblematically be able to have (b) without (a); at the very least, the distinction between these two issues is much more significant than has often been recognised, and more importantly gives us some reason to prefer “statist” as opposed to “cultural” theories of territorial borders. We conclude with some further reflections on related matters concerning, firstly, the apparent causal powers of borders, and secondly, the different ways in which borders are physically implemented (e.g., land vs. water). (shrink)

One of the questions raised by this important and thought-provoking collection of essays on torture is how and why the consensus that torture is wrong - a consensus enshrined in international law for decade - has become so fragile. As Scott Anderson writes in the introduction to this volume, "[h]ow did abusing and torturing prisoners suddenly become so popular?” The chapters in this volume offer insights into this question from the perspectives of history, psychology, law, philosophy, and sociology. (...) This interdisciplinary approach highlights important and often overlooked aspects of the torture debate. Yet, the questions that the authors take to be important (for example, about whether the justification of torture should even be contemplated) reflect different and sometimes incompatible normative assumptions about what torture is and about what matters in the torture debate. These assumptions, I shall argue, are shaped by, and play a role in shaping, the moral, political, and social narratives that contribute to or resist the toleration of torture in the US and elsewhere. Thus, while the disparate nature of the contributions (perhaps inevitably) undermine the cohesiveness of the volume as a whole, it illuminates, even if it does not resolve, larger questions about the place and function of academic debate in the history and use of torture. (shrink)

The two leading theoretical approaches to tort law — economic analysis and corrective justice — are blind to distributive considerations. Moreover, even the main distributive approaches to tort law — loss-spreading and fairness — fail to emphasize egalitarianism as a distributive consideration. This article argues that egalitarianism should influence the normative evaluation of one’s conduct as negligent or not. It first explains why normatively negligence law should be sensitive to the egalitarian concern, suggesting three different accounts for this claim, based (...) on needs, equality, and desert as criteria for distribution. Second, it argues that egalitarianism is commensurate with the basic understanding of negligence law as reflecting corrective justice and notions of fault. The notion of fault is, therefore, reformulated from within, in order to accommodate egalitarianism. Third, I maintain that in order for egalitarianism to accommodate notions of corrective justice, egalitarian concerns should matter also at the stage of the standard of care. While the egalitarian concern can and should be integrated into the duty stage, I argue that such integration is insufficient. A correct and full understanding of the egalitarian concern and the tort of negligence requires a conclusion that the normative evaluation of one’s action as negligent or not cannot be separated from the distributive results that this action entails. The egalitarian concern works at the duty stage as an excuse for not imposing liability for wrongful activity. In contrast, at the standard stage, it works as a justification that turns an otherwise wrongful activity into a legitimate one. My claim is that morally we should usually expect more care from the better-off than from the disadvantaged. Findings of negligence are based on the failure to balance properly between one’s interests and those of another. In deciding to what extent the defendant should burden herself in order to prevent a loss to potential victims, one morally relevant criterion is the relative ability of the injurer and victim to bear precaution costs and expected accident loss, respectively. (shrink)

This book addresses a dilemma at the heart of counter-terrorism: Is it ever justifiable to torture terrorists when innocent lives are at stake? The book analyses the moral arguments and presents a passionate defence of prohibition. It also examines current State practice and the models of legalising torture suggested in Israel and the US.

Like any construction of the human mind, ideologies and utopias are products of reason and social imagination. The human interactions they feed off are nowadays being intensified by processes of globalization. Utopian projects, which are by nature ambitious, consist of dreams of freedom and equality but the voluntarist character of their implementation very often takes them far from their declared objectives. Thus utopia frequently tips over into ideology. In order to survive, utopia has to go through a process of ‘universalization’ (...) that allows ideas from different cultures to develop and mature in contact with one another. By forging bonds between individuals and cultures, this process could define the outlines of a constantly evolving global civil society. Universalization of conceptualizations that transform and motivate us, such as the global inclusivity of human rights, freedom and justice, builds an ethic of peace for the emergence, beyond frontiers, of an extended society such as that envisioned by the American philosopher John Dewey. (shrink)

Progress in emergency and critical care requires that clinical research be performed on patients who are incapable of granting consent for research participation. Analyses of the ethics of such research have left some questions incompletely answered. Why should we be permitted to expose vulnerable patients to research risks without their consent? In particular, how do we justify research interventions that have no potential benefit for participants (nontherapeutic interventions)? This article presents a moral justification for nontherapeutic interventions in emergency (...) research. By relying on a framework for assessing research risks, and by drawing on the example of pediatric research, this justification is founded in how institutional review boards, and society in general, analyze risk. Our justification for emergency research also suggests additional protections for emergency research participants, including a stringent threshold for research risk, that still permit important research to proceed. (shrink)

Background:Moral courage is defined as courage to act according to one’s own ethical values and principles even at the risk of negative consequences for the individual. In a complex nursing practice, ethical considerations are integral. Moral courage is needed throughout nurses’ career.Aim:To analyse graduating nursing students’ moral courage and the factors associated with it in six European countries.Research design:A cross-sectional design, using a structured questionnaire, as part of a larger international ProCompNurse study. In the questionnaire, moral (...) courage was assessed with a single question (visual analogue scale 0–100), the questionnaire also covered several background variables.Participants and research context:The sample comprised graduating nursing students (n = 1796) from all participating countries. To get a comprehensive view about graduating nursing students’ moral courage, the views of nurse managers (n = 538) and patients (n = 1327) from the same units in which the graduating nursing students practised were also explored, with parallel questionnaires.Ethical considerations:Ethical approvals and research permissions were obtained according to national standards in every country and all participants gave their informed consent.Results:The mean of graduating nursing students’ self-assessed moral courage was 77.8 (standard deviation 17.0; on a 0–100 scale), with statistically significant differences between countries. Higher moral courage was associated with many factors, especially the level of professional competence. The managers assessed the graduating nursing students’ moral courage lower (66.5; standard deviation 18.4) and the patients slightly higher (80.6; standard deviation 19.4) than the graduating nursing students themselves.Discussion and conclusions:In all countries, the graduating nursing students’ moral courage was assessed as rather high, with differences between countries and populations. These differences and associations between moral courage and ethics education require further research. (shrink)

Evidence from adult studies of deaf signers supports the dissociation between neural systems involved in processing visual linguistic and non-linguistic body actions. The question of how and when this specialization arises is poorly understood. Visual attention to these forms is likely to change with age and be affected by prior language experience. The present study used eye-tracking methodology with infants and children as they freely viewed alternating video sequences of lexical American sign language (ASL) signs and non-linguistic body actions (self-directed (...) grooming action and object-directed pantomime). In Experiment 1, we quantified fixation patterns using an area of interest (AOI) approach and calculated face preference index (FPI) values to assess the developmental differences between 6 and 11-month-old hearing infants. Both groups were from monolingual English-speaking homes with no prior exposure to sign language. Six-month-olds attended the signer’s face for grooming; but for mimes and signs, they were drawn to attend to the “articulatory space” where the hands and arms primarily fall. Eleven-month-olds, on the other hand, showed a similar attention to the face for all body action types. We interpret this to reflect an early visual language sensitivity that diminishes with age, just before the child’s first birthday. In Experiment 2, we contrasted 18 hearing monolingual English-speaking children (mean age of 4.8 years) vs. 13 hearing children of deaf adults (CODAs; mean age of 5.7 years) whose primary language at home was ASL. Native signing children had a significantly greater face attentional bias than non-signing children for ASL signs, but not for grooming and mimes. The differences in the visual attention patterns that are contingent on age (in infants) and language experience (in children) may be related to both linguistic specialization over time and the emerging awareness of communicative gestural acts. (shrink)

The aim of this project to expose the reasons behind the pandemic of misinformation (henceforth, PofM) by examining the enabling conditions of epistemic agency and the emerging technologies that threaten it. I plan to research the emotional origin of epistemic agency, i.e. on the origin of our capacity to acquire justification for belief, as well as on the significance this emotional origin has for our lives as epistemic agents in our so-called Misinformation Age. This project has three objectives. First, (...) I plan to expose the degree to which epistemic agency is made possible by an under-researched species of emotion called epistemic feelings. Perhaps, the most epistemically significant is the feeling of confidence. In particular, epistemic feelings make epistemic agency possible by making errors in reasoning salient or the potential lack thereof. -/- Second, in order to diagnose the reasons for PofM, I will analyze the emotional basis of epistemic agency in the context of emerging technologies. Epistemic feelings ought to be construed as motivators of epistemic acts, specifically acts following exposure to misinformation spread by social media. For example, a recent study found that subjects on YouTube have a 6.3% probability in five clicks to go from watching innocuous videos to misogynistic videos. Accordingly, one prominent view holds that social media algorithms lead subjects down the proverbial rabbit hole, producing content that elicits strong emotional reactions. -/- But under-researched is the degree to which these emotions are intertwined with epistemic feelings, so that subjects are likely to misjudge the information as correct due to being primed to do so by processing the AI's suggested media. Thus, when this technology is used in epistemic practices, the result is invariably epistemically bad behavior because of how this manner of producing content motivates epistemic acts through the production of erroneous feelings of confidence, which result from the perceived ease of cognitive processing: the content is easy to process and so, the subject confidently misjudges, it is true. As of yet, an account of this cognitive and emotional decision-making process has not been used to analyze how emerging technologies are threatening epistemic agency, and thus our wellbeing as knowers. -/- Finally, I plan to develop therapeutics for PofM by outlining how to reform our collective epistemic practices. Thus, this project complements existing research in virtue epistemology, specifically by articulating the challenges to cultivating epistemic virtues and warding off the vices of the mind. In summation, the project aims to account for how emerging technologies are committing a form of epistemic injustice through the exploitation of cognitive biases and the production of erroneous epistemic feelings, with the overarching goal being a framework for convalescing from the pandemic of misinformation plaguing our age. (shrink)

Cosmopolitanism seems to appeal to liberal neutrality because both are committed to core values such as reciprocity, autonomy, respect for the individual, personal accountability, and inclusivity. Further, cosmopolitanism is legitimate for many only insofar as it endorses value-pluralism in open societies, which is a staple of liberal neutrality. And yet, one might think that there is a moral obligation to create a cosmopolitan community. One can think of this as moral (normative) cosmopolitanism. To the end of creating a (...) cosmopolitan community, certain values ought to be fostered in laws and public policies, and certain attitudes ought to be cultivated. This leads to a potential impasse, namely if cosmopolitanism is committed to neutrality then it cannot promote its normativity, and if it is not committed to neutrality then it cannot promote value-pluralism. I propose a solution to this potential impasse by examining several of the democratic and cosmopolitan commitments of Alain Locke. What I take from Locke is his grounding of both pluralism and moral cosmopolitanism in democratic, time-honored principles that exist in all acts of free association, namely: liberty, equality, and fraternity. These values, of necessity, pervade all political conceptions of good lives because all political conceptions require what acts of free association allow, namely community with others. To this end, I provide an argument for how someone can consistently be committed to both moral cosmopolitanism and liberal neutrality. (shrink)

One of the questions raised by this important and thought-provoking collection of essays on torture is how and why the consensus that torture is wrong - a consensus enshrined in international law for decade - has become so fragile. As Scott Anderson writes in the introduction to this volume, "how did abusing and torturing prisoners suddenly become so popular?” The chapters in this volume offer insights into this question from the perspectives of history, psychology, law, philosophy, and sociology. (...) This interdisciplinary approach highlights important and often overlooked aspects of the torture debate. Yet, the questions that the authors take to be important (for example, about whether the justification of torture should even be contemplated) reflect different and sometimes incompatible normative assumptions about what torture is and about what matters in the torture debate. These assumptions, I shall argue, are shaped by, and play a role in shaping, the moral, political, and social narratives that contribute to or resist the toleration of torture in the US and elsewhere. Thus, while the disparate nature of the contributions (perhaps inevitably) undermine the cohesiveness of the volume as a whole, it illuminates, even if it does not resolve, larger questions about the place and function of academic debate in the history and use of torture. (shrink)

James P. Sterba postulates a conflict situation between ‘poor’ and ‘rich’ persons in order to establish the legitimacy of a welfare right superior to unlimited private property rights. Sterba does not recognize the moral options available to the non-poor in his conflict scenario, nor the generally voluntary character of enduring unemployment, or how few people would satisfy his own restrictive criteria for poverty. His definition mischaracterizes the general state of the poor as one of imminent decline when in fact, (...) for most of human history it was one of stasis, and since comparatively free societies emerged, it has been one of general improvement. He fails to grasp that the processes by which others become non-poor in a libertarian society also make most of the poor better off. Consequently, consideration of future generations also turns out to weigh heavily against justification of a welfare right, contrary to Sterba’s claim. (shrink)

The problem of “dirty hands” has become an important term, indeed one of the most important terms of reference, in contemporary academic scholarship on the issue of torture. The aim of this essay is to offer a better understanding of this problem. Firstly, it is argued that the problem of “dirty hands” can play neither within rule-utilitarianism nor within absolutism. Still, however, the problem of “dirty hands” represents an acute, seemingly irresolvable, conflict within morality, with the moral agent (...) understood, following Nagel, as necessarily holding mixed, absolutist-consequentialist moral intuitions, pulling in opposite directions. Secondly, a distinction is drawn between real situations of “dirty hands,” and other conflictual scenarios, which are commonly, but unjustifiably placed under the metaphorical title of “dirty hands.” Finally, it is suggested - utilizing Nagel’s own ideas, as developed in his later work, and Sen’s notion of evaluator relativity—that the moral “blind alley” manifested in the problem of “dirty hands” may not be totally blind after all, at least from the situated agent’s own internal point of view (as opposed to that of an external observer trying to put herself in the agent’s position by way of moral simulation). Thus, contrary to Walzer’s approach, it is possible for a person (politician) acting in a situation of “dirty hands,” not to believe herself to be guilty, but still be a moral person. (shrink)

Global consumption of antibiotics has accelerated the evolution of bacterial antimicrobial resistance. Yet, the risks from increasing bacterial antimicrobial resistance are not restricted to human populations: transmission of antimicrobial resistant bacteria occurs between humans, farms, the environment and other reservoirs. Policies that take a ‘One Health’ approach deal with this cross-reservoir spread, but are often more restrictive concerning human actions than policies that focus on a single reservoir. As such, the burden of justification lies with these more restrictive policies. (...) We argue that an ethical justification for preferring One Health policies over less restrictive alternatives relies on empirical evidence as well as theory. The ethical justification for these policies is based on two arguments: (i) comparatively greater effectiveness, and (ii) comparatively better tracking of moral responsibility. Yet the empirical assumptions on which these claims rest are limited by existing empirical knowledge. Using livestock farming as an example, we suggest that scientific research into characterising antimicrobial resistance and linking practices to outcomes ought to be guided (at least in part) by the imperative to supply the context-specific data needed to ethically justify preferring a One Health policy over less restrictive alternatives. (shrink)

Research has underlined that moral disengagement processes, by which people switch off their moral values and act aggressively without experiencing guilt, are highly connected with contextual factors. However, research on situational variations in moral disengagement is limited, especially considering the associations with characteristics such as the ethnic origin of potential victims. The general aim of the present study was to develop a brief, specific measure of ethnic moral disengagement able to catch individual justification used in (...) the case of ethnic bullying and cyberbullying, and test its validity and reliability. An eight items scale was developed and administered in study 1, in a sample of 961students attending several Italian high schools. Considering the results of the CFA, we modified one of the items and the scale was administered again, in a second sample of 1,229 students in study 2. A one-factor model of ethnic moral disengagement fit the data well and internal consistency showed to be good. As an additional step, we found that the model was invariant across Italian adolescents and youths with a different ethnic or culture of origin strengthened our confidence regarding the factorial integrity of the scale. Last, the scale showed to be positively associated with ethnic bullying and cyberbullying. Generally, findings suggested that the Ethnic Moral Disengagement scale can be a useful tool for those interested in measuring moral disengagement and evaluating how it impacts bullying and cyberbullying of minority groups. (shrink)

Studying the neural correlates of conscious awareness depends on a reliable comparison between activations associated with awareness and unawareness. One particularly difficult confound to remove is task performance capacity, i.e. the difference in performance between the conditions of interest. While ideally task performance capacity should be matched across different conditions, this is difficult to achieve experimentally. However, differences in performance could theoretically be corrected for mathematically. One such proposal is found in a recent paper by Lamy, Salti and Bar-Haim [Lamy (...) D, Salti M, Bar-Haim Y. Neural correlates of subjective awareness and unconscious processing: an ERP study. J Cognitive Neurosci 2009,21:1435-46], who put forward a corrective method for an electroencephalography experiment. We argue that their analysis is essentially grounded in a version of High Threshold Theory, which has been shown to be inferior in general to Signal Detection Theory. We show through a series of computer simulations that their correction method only partially removes the influence of perfor- mance capacity, which can yield misleading results. We present a mathematical correction method based on Signal Detection Theory that is theoretically capable of removing performance capacity confounds. We discuss the limitations of mathemati- cally correcting for performance capacity confounds in imaging studies and its impact for theories about consciousness. (shrink)

The present essay focuses on political torture during the twentieth century. It takes a multidisciplinary approach, because it entails insights from history, politics, ideology, anthropology, psychology and literature. The aim of the present essay is to discuss the relation between "Classical" torture (in the past centuries) and "Modern" torture (in the twentieth century), analyzing the phenomena in a comparative perspective and paying attention to the hidden and unconscious motives behind historical facts. What I am interested in is (...) the mechanism by which, in the twentieth century, torture has been reintroduced particularly for political prisoners - that means torture for ideas and conscience, torture as a technique of power and not merely as a technique of punishment. What torture destroys first is the dignity and privacy of the victim; only then does it destroy the victim's freedom and integrity. For this reason, every torture is an act of rape, even a symbolic one. I mean this in psychological terms, not as a demonstration of feminist vocabulary. Every touching of the victim's body is rape, emphasizing the "virility" of the torturer. First of all, the torturer wants to become a master of his victim's body, and only later, a master of the tortured person's mind. I include imagination in the concept of torture, imagination being one of the tools of the act of torturing. In torture, imagination becomes, in my demonstration, a never-ending weapon. (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established (...) goal, but instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- 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. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder 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. -/- 3. Aristotle and 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 inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- 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. The various phases of Stoicism are described, and the shifting place that was 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. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, 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 given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- 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 Torah (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 Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a 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 starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke 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 Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes 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 last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. 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, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, 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. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story 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 several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in 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 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. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- 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 the 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. 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 the 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. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the 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 too a few 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 Tora 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 Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. 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 a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the 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, 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 ambitious, 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 Prima Secundae 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 was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, 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 the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

Progress towards Universal Health Coverage (UHC) requires making difficult trade-offs. In this journal, Dr. Margaret Chan, the WHO Director-General, has endorsed the principles for making such decisions put forward by the WHO Consultative Group on Equity and UHC. These principles include maximizing population health, priority for the worse off, and shielding people from health-related financial risks. But how should one apply these principles in particular cases and how should one adjudicate between them when their demands conflict? This paper by some (...) members of the Consultative Group and a diverse group of health policy professionals addresses these questions. It considers three stylized versions of actual policy dilemmas. Each of these cases pertains to one of the three principal dimensions of progress towards UHC: which services to cover first, which populations to prioritize for coverage, and how to move from out-of-pocket expenditures to pre-payment with pooling of funds. Our cases are simplified to highlight common trade-offs. While we make specific recommendations, our primary aim is to demonstrate both the form and substance of the reasoning involved in striking a fair balance between competing interests on the road to UHC. (shrink)

Justifying ethical practices is no easy task. This paper considers moral justifications for peer review so as to persuade even the sceptical individualist. Two avenues provide a foundation for that justification: self-interest and social contract theory. A wider notion of “interest” permits the self-interest approach to justify not only submitting one’s own work to peer review but also removing oneself momentarily from the production of primary knowledge to serve as a rigorous, independent, and honest referee. The contract approach (...) offers a non-selfish alternative and relies on four types of binding social contracts: those implicit in accepting funds, those implicit in asserted professional status, those to contribute what is of most value to society, and those to defend the ideals of the Academy. Efforts to restore respect for rigorous, independent, honest peer review should begin in earnest. (shrink)

Abstract The infantilization of older adults seems morally deplorable whereas very young children are appropriate recipients of such treatment. Children, we argue, are not mentally capable of acting autonomously and reasoning clearly. However, we have difficulty reconciling this justification with the fact that many of the elders whom we respect are mentally deficient in those very same ways. In this paper, I try to make sense of this asymmetry between our justifications for infantilizing the young and our conviction that (...) our elders ought to be respected. I argue that our intuitions against adult infantilization are non-consequentialist (i.e., deontic). I consider several candidates for the deontic factor that might explain the asymmetry of our judgments and practices. I argue that a very specific kind of dignity (one that is socially constructed and reified) grounds our disparate judgments and treatments of very young and very old persons with similar needs. (shrink)

Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of (...) using the procedure. So, for example, defenders of benefit/cost analysis (BCA) are frequently tempted to argue that this procedurejust isthe calculation of moral Tightness – perhaps that what itmeansfor an action to be morally right is just for it to have the best benefit-to-cost ratio given the accounts of “benefit” and “cost” that BCA employs. They suggest, in defense of BCA, that they have found the moral calculus – Bentham's “unabashed arithmetic of morals.” To defend BCA in this manner is to commit oneself to one member of a family of moral theories (let us call thembenefit/cost moral theoriesorB/C moral theories) and, also, to the view that if a procedure is (so to speak) the direct implementation of a correct moral theory, then it is a justified procedure. Neither of these commitments is desirable, and so the temptation to justify BCA by direct appeal to a B/C moral theory should be resisted; it constitutes an unwarranted short cut to moral foundations – in this case, an unsound foundation. Critics of BCA are quick to point out the flaws of B/C moral theories, and to conclude that these undermine the justification of BCA. But the failure to justify BCA by a direct appeal to B/C moral theory does not show that the technique is unjustified. There is hope for BCA, even if it does not lie with B/C moral theory. (shrink)

O artigo discute como Nietzsche compreende a instituição da lei e da moral em distinção a Kant e à tradição cristã. Ele argumenta que Nietzsche é, em grande medida, inspirado pela mudança de paradigma em direção a um pensamento biológico evolutivo, introduzido por diversos de seus colegas ao final do século XIX, entre os quais F. A. Lange, que vê esta mudança como uma sóbria alternativa científico-materialista a Kant. Em Nietzsche, a imperativa moral kantiana é substituída pela noção (...) de uma moralidade emergente graças a processos civilizatórios históricos ou pré-históricos, impostos a um ser humano de mente débil sem quaisquer disposições racionais inerentes a obedecer à Lei. Ela também é um processo que, em vez de universalizar o ser humano, o cinde em uma dualidade, em que uma parte obedece a antigos e imediatos interesses próprios, e a outra parte obedece a novos 'comandos', que lhe foram gritados 'aos ouvidos' por um chamado 'comandante'. A obediência à lei conduz a duas formas radicalmente diferentes em Nietzsche: indivíduos servis e medíocres precisam ser expostos à disciplina e à punição, para adotar a Lei; enquanto os chamados indivíduos 'soberanos' são capazes de impor a lei a si mesmos. A figura do 'soberano' vem consequentemente sendo o motivo de vigoroso debate, especialmente quanto à tradição anglo-saxônica em pesquisa por Nietzsche, uma vez que seu aparente 'respeito pela lei' e 'senso de dever' reiteram típicas qualidades kantianas. Em relação a essas discussões, sugiro que o 'soberano' de Nietzsche (em um contexto) seja idêntico ao 'comandante' (em outros contextos). Quando o 'soberano', como tal, impõe a lei a si mesmo e aos demais, sua ação é convencional e arbitrária (como a linguagem em Saussure), e é mais irracional que racional, como em Kant. Sua vontade não é uma vontade boa, nem uma vontade racional, com visão para a autonomia humana. Seu comando de si mesmo e dos outros é performativo, portanto, sem valor de verdade (como atos ilocucionários de fala em Austin e Searle). The article discusses how Nietzsche understands the institution of law and morals in distinction to Kant and the Christian tradition. It argues that Nietzsche to a large extent is inspired by the paradigm-shift toward a evolutionary biological thinking introduced by several of his peers in the late 19th century, among else F. A. Lange, who sees this shift as a sobering scientific-materialistic alternative to Kant. In Nietzsche, the Kantian moral imperative is replaced with a notion of a morality emerging thanks to historical, or pre-historical, civilizational processes, imposed on a feebleminded human without any inherent rational dispositions to obey Law. It is also a process, which rather than universalizing the human, splits it in a duality where one part obeys old immediate self-interests and another part obeys new 'commands,' having been shouted 'into the ear' by a so-called 'commander.' The compliance with law takes two radically different forms in Nietzsche: servile and mediocre individuals need to be exposed to discipline and punishment in order to adopt Law; while so-called 'sovereign' individuals are able to impose law upon themselves. The figure of the 'sovereign' has consequently been an issue for vigorous debate in especially the Anglo-Saxon tradition of Nietzsche research, since his apparent 'respect for law' and 'sense of duty' reiterate typical Kantian qualities. Relating to these discussions, I suggest that Nietzsche's 'sovereign' (in one context) is identical his 'commander' (in other contexts). When the 'sovereign' as such imposes law upon himself and others, his act is conventional and arbitrary (like language in Saussure), and is rather irrational than rational as in Kant. His will is not a good will, nor a rational will with a vision of human autonomy. His command of himself and others is a performative, thus without truth-value (like illocutionary speech-acts in Austin and Searle). (shrink)

: On the grounds that rape is an act of violence, not a natural act of intercourse, Roman Catholic teaching traditionally has permitted women who have been raped to take steps to prevent pregnancy, while consistently prohibiting abortion even in the case of rape. Recent scientific evidence that emergency contraception (EC) works primarily by preventing ovulation, not by preventing implantation or by aborting implanted embryos, has led Church authorities to permit the use of EC drugs in the setting of rape. (...) Doubts about whether an abortifacient effect of EC drugs has been completely disproven have led to controversy within the Church about whether it is sufficient to determine that a woman is not pregnant before using EC drugs or whether one must establish that she has not recently ovulated. This article presents clinical, epidemiological, and ethical arguments why testing for pregnancy should be morally sufficient for a faith community that is strongly opposed to abortion. (shrink)