This chapter contains sections titled: Eden and Plants for Human Use Gardening with Kin: Alternatives to Eden Plants, Exclusion, Ethics Notes.

The transgressive ontological character of hybrids—entities crossing the ontological binarism of naturalness and artificiality, e.g., biomimetic projects—calls for pondering the question of their ethical status, since metaphysical and moral ideas are often inextricably linked. The example of it is the concept of “moral considerability” and related to it the idea of “intrinsic value” understood as a non-instrumentality of a being. Such an approach excludes hybrids from moral considerations due to their instrumental character. In the paper, we (...) revisit the boundaries of moral considerability by reexamining the legitimacy of identifying intrinsic value with a non-instrumental one. We offer the concept of “functional value,” which we define as a simultaneous contribution to the common good of the ecosystem and the possibility to disclose the full variety of aspects of a being’s identity. We argue that such a value of hybrids allows us to include them into the scope of moral considerability. (shrink)

The transgressive ontological character of hybrids—entities crossing the ontological binarism of naturalness and artificiality, e.g., biomimetic projects—calls for pondering the question of their ethical status, since metaphysical and moral ideas are often inextricably linked. The example of it is the concept of “moral considerability” and related to it the idea of “intrinsic value” understood as a non-instrumentality of a being. Such an approach excludes hybrids from moral considerations due to their instrumental character. In the paper, we (...) revisit the boundaries of moral considerability by reexamining the legitimacy of identifying intrinsic value with a non-instrumental one. We offer the concept of “functional value,” which we define as a simultaneous contribution to the common good of the ecosystem and the possibility to disclose the full variety of aspects of a being’s identity. We argue that such a value of hybrids allows us to include them into the scope of moral considerability. (shrink)

In the texts that presented the theoretical assumptions of the Parc de La Villette, Bernard Tschumi used a large number of terms that contradicted not only the traditional principles of composing architecture, but also negated the rules of social order and the foundations of Western metaphysics. Tschumi’s statements, which are a continuation of his leftist political fascinations from the May 1968 revolution, as well as his interest in the philosophy of French poststructuralism and his collaboration with Jacques Derrida, prove (...) that terms such as disruption, dissociation, disfunction, disjunctions and dispersion not only referred to architectural problems but also applied to political criticism and the deepest foundations of thinking itself. His collaboration with Derrida manifested itself primarily in the publication La Case Vide: La Villette, 1985, in which the architect’s design drawings and texts explaining his concepts related to the Park de La Villette were accompanied by an extensive essay by Derrida, which included theoretical problems taken up by Tschumi in a philosophical context. Architectural and philosophical issues were also combined during seven discussion meetings organised by Peter Eisenman, invited by Tschumi to collaborate on the design of the Parc de La Villette. Eisenman, who, like Tschumi, invited Derrida to participate in the design of the park and also led to the publication of Chora L Works: Jacques Derrida and Peter Eisenman, in which his ideas were confronted with Derrida’s philosophical text. In this case, Derrida’s essay was not a direct commentary on the architect’s concepts, but rather a reflection on the question of the chôra presented by Plato in Timaeus. During the discussion and in his essay, Derrida pointed out that the chôra is a component of the created world, yet it does not belong to it, but precedes it. The originality of the chôra is so radical that she also precedes all the factors of creating the world, including ideas and the Demiurge. Thus a thesis appeared in the metaphysics of the West that the chôra is a form of active abyss, in relation to which all beings are secondary, both those perfect (as ideas or God) and those created, such as the world, things, people or language. This leads to the conclusion that the chôra does not exist, because all existence is a derivative of the chôra. Nor could the chôra be described, since it is a form of developing a space that is preceded by a lack of space characteristic of the chôra. Derrida intended the chôra to be an instance with an exceptional degree of transcendentalism, an anti-metaphysical instance, but also an a-theological one. However, this attempt failed, both in the field of secular philosophy and in the field of theology. Derrida’s characteristics of the chôra to strengthen its transcendentalism and negation of metaphysics had to be expressed in a language that immediately produces new concepts and a new metaphysics that reproduces the categories of the beginning, the origin or the foundation known from earlier philosophical traditions. All forms of criticism of metaphysics are also inspired by negative, apophatic and mystical theology. The undermining of many concepts of permanent meaning and the introduction of new concepts of unstable meaning, characteristic of the philosophy of deconstruction, had many features of originality, but it was directed towards problems whose solutions repeat, with the use of new vocabulary, the findings known in culture since Democritus. Thus, if apophatic philosophy can be regarded as deconstruction avant la lettre, then deconstruction itself in its late versions began to take on the features of a new religion. The exchange of inspiration between theology and deconstruction was manifested in a series of scientific conferences and publications in which Derrida’s philosophical concepts were interpreted within the scope of religious thought. Theological threads began to be found in such concepts of deconstruction as différance or the chôra, while at the same time Derrida himself undertook in his philosophy to study problems such as the Other (L’Autre) or Impossible (Impossible), which belonged to newer theological traditions. As a consequence of the new problems, the deconstruction became closer to the features of a new religion. Philosophy, at least from Kant’s time, has tried to create a system that would take over from religion the tasks of setting moral and political goals. Similarly, Derrida has directed his interest towards the problems of democracy and ethics, which would enable their renewal. Attempts to create a new religion (cleared of old metaphors), a new community or a new democracy bring problems and threats which may be no less troublesome than the previous systems. All promises of freedom carry with them threats, the greater the more they strive for perfection. The renewal of existential orders, sometimes carried out by means of violent changes, is a certain repetitive feature of human cultures. Deep changes, however, do not protect against the return of both old gods and old demons. Tschumi and Derrida were shaped in their youth by the atmosphere of leftist rebellion against the moral and political limitations of ossified communities and the imperfections of democracy. The ethical theme distinguishes many of their works, including the Parc de La Villette. The opposition to the metaphysical traditions of philosophy and architecture contained in this park was prompted by specific political situations and resulted from bringing political issues to the level of philosophical considerations. Achievements made at the level of pure concepts were then subject to elevation, to a kind of sacralization, which made them religious concepts. The deconstruction reached for the stratus of the new religion especially when it found its followers and began to generate moral obligations. In the new situation, terms such as the chôra, l’autre or the Impossible were absolutized and in relation to them a cult and attitude of adoration emerged. The Parc de La Villtette then gained new post-secular meanings, which allow it to be assigned the function of a Temple of Otherness (L’Autre) and Impossible. (shrink)

Environmental philosophy always presents detailed distinctions concerning the kinds of natural beings that can be granted moral considerability, when discussing this issue. In contrast, artifacts, which are excluded from the scope of moral considerability, are treated as one homogenous category. This seems problematic. An attempt to introduce certain distinctions in this regard—by looking into dissimilarities between physical and digital artifacts—can change our thinking about artifacts in ethical terms, or more precisely, in environmentally ethical terms.

In lieu of an abstract, here is a brief excerpt of the content:164 BOOK REVIEWS the " causes and remedies " of homosexuality (this entails a guarded challenge to the notion of " constitutional " homosexuality) and a special outreach to people with AIDS; a long endnote undertakes to defend the thesis that AIDS can sometmies he, at least in a qualified sense, divine punishment for sexual sin (p. 110 n. 4). Ashley's essay concludes with an apology for any unintended (...) offense resulting from imprecise or otherwise infelicitous expressions of his position; and he suggests that such lapses on the part of the CDF letter itself were " inevitable in a document that had to he brief and directly to the point in order to clear up the ambiguities with which this complex question has been obscured" (p. 109). My personal assessment is that Ashley has succeeded much better than CDF in minimizing such problems; he might have been even more successful had he not been so intent on downplaying or excusing the letter's undeniable faults in this regard. Of course, Ashley is here engaging in debate with the Vatican's critics; were he instead directly addressing CDF, his approach might well have been different. Even in the present context, however, as a better gesture toward gay and lesbian people wounded by the letter's simplistic and harsh prescriptions, it would have been well for Ashley to repeat the observation he once addressed to U.S. and Canadian bishops assembled in Dallas for a sexuality workshop (Feb. 2-6, 1981): "Overfacile solutions to the tragic dilemmas of life which people are experiencing make the Church appear smug and silly." The debate over this issue will continue, as indeed it must. The participants in this hook, notwithstanding problems on either side, have contributed significantly to the ongoing conversation and have set a high standard which we must hope will he emulated by all who carry the conversation forward. Pontifical, University of St. Thomas Rome, Italy BRUCE WILLIAMS, O.P. Perplexity in the Moral Life: Philosophical and Theological Considerations. By EDMUND N. SANTURRI. Charlottesville, Va.: The University Press of Virginia, 1988. Pp. 256. $35.00. Edmund Santurri has written an important book about a central issue in moral theory and a fundamental problem in the moral life. On occasion, one feels on the horns of a dilemma. Whatever course of action might he taken, it appears as if wrong will he done in the process of doing right. Thus, we want to keep promises, but if we keep BOOK REVIEWS 165 this promise, we will cause or allow some great harm to come to an· other person. How ought this sort of dilemma to he understood? Santurri argues that there are within the traditions of moral philosophy and theology two ways of construing the problem. One can say either that moral dilemmas of the sort Santurri discusses are the re· sult of deficient knowledge and so in principle resolvable, or that they stem from the structure of the moral universe itself and are in consequence not resolvable. It is Santurri's contention that Christian ethics must hold to the former position and defend the view that in all dilemmatic contexts there is a way to dispel moral perplexity through more adequate moral knowledge. In order to establish this thesis he undertakes a review of typical philosophical and theological literature that addresses the problem he has identified. Santurri's review of the philosophical literature, though on occasion unnecessarily dense, is always competent and generally thorough. Among others, he reviews the work of David Lyons, Bernard Williams, and Thomas Nagel. His conclusion is that philosophical argument can establish neither of the two possible views of moral dilemma as superior to the other. Arguments designed to establish both points of view prove inconclusive in the end because they beg more fundamental ques· tions concerning the content, nature, and function of morality itself. Thus, Santurri argues that moral perplexity cannot he interpreted adequately apart from a discussion of " certain fundamental questions of moral ontology " (p. 4), and he quite successfully shows that these questions are passed over or inadequately treated in the philosophical literature. The fundamental questions he lists are these: Are moral codes simply systems of convention or do these... (shrink)

Are ecosystems morally considerable-that is, do we owe it to them to protect their “interests”? Many environmental ethicists, impressed by the way that individual nonsentient organisms such as plants tenaciously pursue their own biological goals, have concluded that we should extend moral considerability far enough to include such organisms. There is a pitfall in the ecosystem-to-organism analogy, however. We must distinguish a system’s genuine goals from the incidental effects, or byproducts, of the behavior of that system’s parts. (...) Goals seem capable of giving rise to interests; byproducts do not. It is hard to see how whole ecosystems can be genuinely goal-directed unless group selection occurs at the community level. Currently, mainstream ecological and evolutionary theory is individualistic. From such a theory it follows that the apparent goals of ecosystems are mere byproducts and, as such, cannot ground moral considerability. (shrink)

This chapter contains sections titled: What Counts as a Garden How Gardening Improves the Land How Gardening Improves Us Notes.

This paper examines the ethical issues of the inclusion of workers with disabilities in the workplace with a cross-fertilization approach between organization studies, the ethics of care, and a movement from the field of architecture and design that is called Universal Design (UD). It explores how organizations can use UD to develop more inclusive workplaces, first by applying UD principles to workspaces and second by showing how UD implies an integrative understanding of inclusion from the workspace to the (...) workplace. Moreover, this paper discusses the ethical challenges and complexities that this design practice faces in regard to its applicability to diverse organizations and industries. Finally, this paper demonstrates that inclusion requires abandoning any notion of a perfect, productive body and, therefore, recognizing our shared vulnerability and fundamental interdependence in the workplace. (shrink)

In the Critique of Judgment, Kant claims that genius is a talent for art, but not for science. Despite his restriction of genius to the domain of fine art, several recent interpreters have suggested that genius has a role to play in Kant’s account of cognition in general and scientific practice in particular. In this paper, I explore Kant’s reasons for excluding genius from science as well as the reasons that one might nevertheless be tempted to think that his (...) account allows room for the scientific genius. I then argue that Kant’s concerns are not only epistemic, but also moral, and together, they give us good reason for resisting the veneration of genius. (shrink)

Without directly addressing the Demarcation Problem for logic—the problem of distinguishing logical vocabulary from others—we focus on distinctive aspects of logical vocabulary in pursuit of a second goal in the philosophy of logic, namely, proposing criteria for the justification of logical rules. Our preferred approach has three components. Two of these are effectively Belnap’s, but with a twist. We agree with Belnap’s response to Prior’s challenge to inferentialist characterisations of the meanings of logical constants. Belnap argued that for a (...) logical constant to exist, its rules must be conservative over a previously given consequence relation and guarantee the uniqueness of the constant. The twist is that we require logical vocabulary to be provably conservative, not over a previously given formal consequence relation, but over a previously given meaningful vocabulary of a language. Uniqueness is also a feature defined in terms of provability: if two syntactically distinguished expressions are governed by the same rules, then formulas with them as main operators are interderivable. Belnap’s criteria are not only those for the existence of a logical constant, but more: they are what distinguishes logical vocabulary from all other expressions. It is the defining mark of a logical constant that it is provably conservative over the fragment of the language which excludes it and that its rules guarantee its uniqueness. The third component is the topic neutrality of logic. The provable conservativeness of logic over a previously given vocabulary of a language is motivated, in part, by appeal to molecularism in the theory of meaning. Molecularity is a feature endorsed by the theory of meaning as a whole, so it does not distinguish logical constants from other expressions. The same is true for conservativeness. We argue that molecularity, and hence conservativeness, are implicit presuppositions of speakers’ use of language: the addition of new vocabulary to a language is presupposed to be conservative. But this presupposition is one that we should be able reflectively to endorse (such as when attempting a rational reconstruction of the use of the vocabulary). Thus, where conservativeness is found to fail, this defect should be remedied and the use of the vocabulary corrected (as in classical negation) or excised altogether (as in pejoratives). We go on to characterise a notion of topic neutrality, which we argue applies to logical vocabulary. We then note that reflective endorsement of the conservativeness of a topic neutral vocabulary requires a proof that the vocabulary is conservative relative to any base vocabulary. Thus we require that logical vocabulary be demonstrably conservative. Allying this requirement, distinctive of logic, to a general consideration about the commitments of assertion yields a mode of justification for logical constants akin to some conceptions of Harmony, i.e., to the idea that the consequences of assertion of a logical complex need to be warranted by the grounds and ought to be the strongest consequences warranted by the grounds. Intuitionistic logic acquires a somewhat familiar justification but emanating from a new motivation. (shrink)

In what follows I will consider Kant's and Habermas's conceptions of moral validity in a comparative and critical way. First, I will reconstruct Habermas's discursive or deliberative reformulation of Kant's moral theory. And, second, I will introduce some comparative critical considerations. I will contend that, though much is gained with Habermas's intersubjectivist reformulation of Kant's moral philosophy, some problems emerge that could be treated with the help of certain Kantian insights. I will focus on Kant's and Habermas's (...) strictly moral writings. The issue of political validity or legitimacy is of course of great importance, but I will not address it here. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Philosophy of GardensRonald MooreA Philosophy of Gardens, by David E. Cooper. Oxford: Oxford University Press, 2006, 173 pp., $35.00 cloth.It is very likely that more people devote more aesthetic attention to gardens and their contents than they do to any other set of objects in the art world or in natural environments. Despite this, however, there has been very little philosophical writing devoted specifically to the aesthetics (...) of the garden experience. Mara Miller (The Garden as an Art, 1993) and Stephanie Ross (What Gardens Mean, 1998) have written important studies of gardens from the philosophical point of view. John Dixon Hunt has written several philosophically informed studies from the historical point of view (The Figure [End Page 120] in the Landscape: Poetry, Painting, and Gardening during the Eighteenth Century, 1976; Gardens and the Picturesque: Studies in the History of Landscape Architecture, 1992; Garden and Grove: The Italian Renaissance Garden in the English Imagination, 1600-1750, 1996). But apart from this valuable handful of discussions, the subject area has received scant scholarly attention. David Cooper's new book, A Philosophy of Gardens, is a very welcome addition to this underscrutinized field of inquiry.Cooper makes it clear at the outset that he does not aim to answer the questions regarding gardens that have attracted most philosophical attention to date, questions like "How do we define 'garden'?" "What are the standards of comparative aesthetic garden quality?" and "Should gardens be regarded as chiefly works of art or as products of nature?" Such questions are both important and quite predicable in the context of late-twentieth-century Anglo-American philosophy. Cooper aims to redirect attention to what he calls the deeper question of the significance of gardens, a question that turns out ultimately to be about the way in which gardens represent a serious contribution to "the good life." The good life, as he speaks of it, is neither la dolce vita nor the life of strict moral virtue. Rather, it is something approximating Aristotelian eudaimonia, a life in which inculcated capacities and strengths of character lead to informed and appropriate ways of acting, feeling, and evaluating.This is an attractive and unconventional project, one that spills over from aesthetics into ethics, philosophical anthropology, and (ultimately) theology. The clever argument that Cooper develops makes the project intriguing and informative, even in a few areas where its conclusions are not altogether convincing. Key to Cooper's distinctive approach is his insistence on regarding gardens not merely as focal objects of aesthetic regard and appreciation but also, and more importantly, as settings in which people engage in a range of distinctive, virtue-inducing practices. Some of these practices (for example, planting, cultivating, and pruning) foster personal virtues by requiring the submission to the discipline of caring and informed superintendence. Others (for example, conducting garden parties, swimming in a garden pool, indulging in solitary reverie) foster both personal and communal virtues by locating human pursuits in a setting that itself exemplifies vitality, change, and thriving. Cooper insists that it is only through the infusion of human activity in working cooperatively with nature to create them and then in dwelling in them appreciatively that gardens reveal their true meaning.The proper notion of garden meaning, Cooper argues, does not conform to either of the two canons of appreciation that have dominated discussion to date—the art model and the nature model. The art model fails because, in its effort to align the appreciation of gardens with that of landscape painting and other familiar aesthetic artifacts, it neglects gardens' fundamental condition as places where living, growing things call upon us to tend them and cooperate in their vitality. The nature model fails because gardens are unlike meadows and mountains in that they are—to some extent—contrived by humans and imbued with purpose by them. Moreover, Cooper argues, the distinctive meaning of gardens cannot be captured by combining (or "factorizing") the two models, that is, by regarding gardens as mixed phenomena of art-and-nature. This is because there is nothing in the two, taken separately, that can account for what is peculiar to our experience of garden aesthetics when they... (shrink)

ABSTRACT I argue for a broader understanding of the morally considerable. I propose a neo‐Aristotelian account of individuals wherein some entities, often precluded from those deserving of moral consideration, are deemed proper subjects of such treatment. The criterion suggested is, roughly, that of self‐regulatory development, a teleological notion, that I argue should not be viewed as archaic and useless. Not only do many non‐human animals then become legitimate subjects of moral concern, but objects outside the animal (...) kingdom, such as plants and trees, also are to be included in our ethical arena. (shrink)

The intention of this article is investigate ways in which the image and metaphor of the garden open productive avenues for thinking the being of nature. The primary focus of this investigation is found in two instances in which gardens play significant roles in presenting, even if only tacitly, an image of nature: Homer’s Odyssey and Plato’s reference to the “Gardens of Adonis” in Phaedrus.

Recent advances in molecular genetics, plant physiology, and biochemistry have opened up the new biotechnology of herbicide resistant crops (HRCs). Herbicide resistant crops have been characterized as the solution for many environmental problems associated with modern crop production, being described as powerful tools for farmers that may increase production options. We are concerned that these releases are occurring in the absence of forethought about their impact on agroecosystems, the broader landscape, and the rural and urban economies and cultures. Many of (...) the benefits and risks associated with HRCs are not apparent to either the public, farmers, policy makers, or the scientific community. HRC technology raises moral issues in three areas: our duties toward the natural environment; our political and economic responsibilities to each other; and our communal character as one generation among many. We also need a rational basis on which to make evaluations of this new biotechnology. The technical aspects of their release require a logical guide to the ecological, environmental, and biological effects the release might have in sustainable agroecosystems. The initial step should include an assessment of the intrinsic qualities of the crop, the herbicide, and the resistance mechanisms. The second step should include an assessment of effects associated with population ecology, population genetics, environmental degradation, consumer health, and farm economic viability due to the resistant crop-herbicide pair. Herbicides have been used in crop production for nearly a half a century. There has been a tremendous increase in the use of these chemicals in that time. Society has seen the use of these chemicals not only help to feed many people, but also to bring costs not anticipated before the introduction of the chemicals. We need to draw on that long history of use and learn the lessons it can provide us as we approach the introduction and commercialization of the next generation of weed control technology, herbicide resistant crops. We also need to reflect on the lessons we missed during that half century because we spend more time imagining the possible benefits that would come from the technology than scrutinizing the possible harm. (shrink)

The intention of this article is investigate ways in which the image and metaphor of the garden open productive avenues for thinking the being of nature. The primary focus of this investigation is found in two instances in which gardens play significant roles in presenting, even if only tacitly, an image of nature: Homer’s Odyssey and Plato’s reference to the “Gardens of Adonis” in Phaedrus.

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

The political self is a concept which is fundamental to political theory. This work focuses an liberal democratic theory because this type of political theory privileges the individual. It is ideal ground for rethinking a concept of the political self. ;I propose to look at abstractions and idealizations which are theoretical tools used in determining a concept of the political self. These: valuable theoretical manoeuvres are not value-neutral. A critical stance must always be taken when such conceptualizations are undertaken. The (...) conception of the political person in the theory of John Rawls will be examined through the lens of the concepts of autonomy and difference. This will focus our attention to the particular theoretical endeavours which-have excised certain features from the concept of the political person. I argue that the fiction of the 'persons in the original position' in Rawls's theory has been extended to an ideal of the political person which excludes certain individuals. This extension is unwarranted and detrimental to some individuals. ;I analyze the categories of the public-private since these are tied to a notion of the self. I claim that profound difference cannot be accommodated within the public realm of traditional liberal theory; it forces the concerns of certain individuals, such as care givers and persons with severe incapacities, into the private realm. These individuals are relegated to the private sphere only and consequently suffer from a devalued moral status. This devalued moral status within political society comes from the fact that they can not approximate the ideal of a fully cooperating member of society. This, I argue, goes against the ideal of a just society which values selves as individuals of equal moral worth. ;Finally, I suggest that our theorisation has always involved a certain detachment from bodily concerns. These have been erased from our theoretical considerations; I claim they have theoretical import. I suggest that we need to think of the political self as a whole self. The liberal focus on interests or goods should be supplemented by an understanding of needs. The latter address our interdependency as well as our vulnerability. The call for political presence is more than just a call to be heard, it's a call to be seen and recognized in the flesh. (shrink)

In this paper I explore and reject the claim that an anthropocentric ethic necessarily excludes recognition of the intrinsic value of nature. Part One reviews thereasons for attributing intrinsic value to nature and considers how a teleological view of nature can transform the role of the moral subject and the nature of moral judgment. Following Tim Hayward, I argue that anthropocentrism does not entail “speciesism” and can accommodate the extension of moral consideration to non-human nature, thus (...) reconstituting an anthropocentric ethic. In Part Two, I apply these principles to Kant’s notion of natural purposiveness. I argue that Kantian ethics, a paradigm of anthropocentric ethics, cannot be considered speciesist because nature must be evaluated from the perspective of the highest good. I conclude that the highest good requires the promotion of a form of sustainable development that includes strong ecological values. (shrink)

Health regulators must carefully monitor the real-world safety and effectiveness of marketed vaccines through post-market monitoring in order to protect the public’s health and promote those vaccines that best achieve public health goals. Yet, despite the fact that vaccines used in collective immunization programmes should be assessed in the context of a public health response, post-market effectiveness monitoring is often limited to assessing immunogenicity or limited programmatic features, rather than assessing effectiveness across populations. We argue that post-market monitoring ought to (...) be expanded in two ways to reflect a ‘public health notion of post-market effectiveness’, which incorporates normative public health considerations: effectiveness monitoring should yield higher quality data and grant special attention to underrepresented and vulnerable populations; and the scope of effectiveness should be expanded to include a consideration of the various social factors that maximize a vaccine’s effectiveness at the population level, paying particular attention to how immunization programmes impact related health gradients. We use the case of the human papillomavirus vaccine in Canada to elucidate how expanding post-market effectiveness monitoring is necessary to close the gap between clinical practice and public health, and to ensure that vaccines are effective in a morally relevant sense. (shrink)

The concept of moral individualism is part of the foundational structure of most prominent modern moral philosophies. It rests on the assumption that moral obligations towards a respective individual are constituted solely by her or his capacities. Hence, these obligations are independent of any ἔθος, of any shared ethical sense and social significations. The moral agent and the individual with moral status are construed as subjects outside of any social relation or lifeworld significations. This assumption (...) has been contested in the last decades by diverse authors with very different approaches to moral philosophy. In the last years, an increasing number of philosophers like Cora Diamond and Alice Crary, but also phenomenologists like Paul Ricœur, Klaus Held, and Bernhard Waldenfels question the presupposition that individual capacities are the agent-neutral and context-neutral ground of moral considerations. This critique of moral individualism in different contemporary discourses shows a striking similarity between Wittgensteinian and phenomenological philosophers as their critical inquiry of prominent theories like the ones by Immanuel Kant, John Rawls, Peter Singer or Tom Regan is derived from mostly implicitly efficacious Aristotelian theorems. Telling examples are the ἔθος as pre-given normative infrastructure, the ἕξις as individual internalization of the ethos, the φρόνησις described as a specific practical know-how in contrast to scientific knowledge, and not at least the definition of the human being as ζῷον πολιτικόν. However, the Aristotelian sources of this movement have not yet been scrutinized systematically. This paper aims, first, to reveal the significance of these sources to make them visible and, second, to contribute to the notion of the topicality of Aristotelian philosophy in current debates on ethics. (shrink)

Abstract Comparative studies involving early Confucian ethics often appear to assume that it is a unified approach to morality. This essay challenges that assumption by arguing that Confucius had a significantly different conception of ren , commonly viewed as central to Confucian ethics, from that of Mencius. It is generally accepted that ren has two senses: in a narrow sense, it is the virtue of benevolence (or compassion); in a broad sense, it is the all-encompassing ethical ideal. Both senses (...) fail to capture Confucius’ conception of ren , for the narrow sense fits only Mencius’ understanding of ren , while the broad sense lacks emphasis and precision. I propose a third sense of ren , that is, ren as an integral, higher-order virtue with respect as its most salient component. This sense of ren is more in keeping with the textual evidence in the Analects . It played a key role in Confucius’ political-moral thinking and made his doctrine diverge considerably from that of Mencius, who understood ren primarily as compassion. (shrink)

Generations of men and women since antiquity have been preoccupied with the difficult quest for happiness. Up until modernity, people relied on the gods or God to grant them happiness. In the course of the eighteenth century, happiness became both a secular promise and a moral-political claim relevant to all people. The fairy tale Hans im Glück (Hans in Luck), published by the Grimm brothers in the early nineteenth century, and discussed in this article, provides a telling example of (...) a quest for happiness unconcerned with moral prescriptions and social conventions, in which the hero focuses on his own feelings. Two centuries later, modern men and women find themselves in a predicament. Happiness still tops their private wish list but it seems harder than ever to achieve it, with abundant confusion as to what real happiness feels like. Subjective well-being tends to be distinguished from notions of happiness associated with serene bliss and fulfilment, beyond the limits of modern consumer society. Happiness has been defined as ‘people’s perception of the meaningfulness, sense of purpose, and value of their lives’, thus reintroducing morality and higher principles without, however, excluding hedonistic Hans-in-Luck style choices. (shrink)

The purpose of this work is to offer a critical examination of Immanuel Kant's ethic of suicide. Kant's suicidology marks an influential view regarding the moral stature of suicide, yet one that remains incomplete in important respects. Because Kant's moral views are rationalistic, they restrict moral consideration to rational entities. Many people who commit suicide are not rational at the time of its commission, for they suffer from severe mental illness. Because of this, Kant's suicidology (...) devastatingly excludes certain human demographics from moral consideration, current Canadian statistics indicating that such people mark one of the highest populations at risk of committing suicide in the first place. This work contains a presentation, analysis, and critique of Kant's ethic of suicide, leading to an attempt to state criteria for an adequate suicidology.Dept. of Philosophy. Paper copy at Leddy Library: Theses & Major Papers - Basement, West Bldg. / Call Number: Thesis2006.T66. Source: Masterss International, Volume: 45-01, page: 0101. Thesis --University of Windsor, 2006. (shrink)

abstract Contractarianism roots moral standing in an agreement among rational agents in the circumstances of justice. Critics have argued that the theory must exclude nonhuman animals from the protection of justice. I argue that contractarianism can consistently accommodate the notion that nonhuman animals are owed direct moral consideration. They can acquire their moral status indirectly, but their claims to justice can be as stringent as those among able‐bodied rational adult humans. Any remaining criticisms of contractarianism (...) likely rest on a disputable moral realism; contractarianism can underwrite the direct moral considerability of nonhuman animals by appealing to a projectivist quasi‐realism. (shrink)

This paper discusses conventional and Islamic concepts of distributivejustice, and develops propositions for the establishment of firms deemed to bemoral firms from Islamic perspective. Generally, distributive justice impliesthat goods should be distributed among members of the community accordingto their standing in society. In the Islamic scenario, however, the positive andthe normative aspects work simultaneously. The management of a firm seeksnot only to earn profit in this world but also to get reward in the life-hereafter.Thus, it is duty of a (...) firm to serve the community and look after its shareholders,employees and consumers. This paper also postulates that in a cooperativecum-competitive environment, firms have the same responsibilities as othermembers of the society. Hence, it is the duty of the firm to maintain distributivejustice among its stakeholders. It is also suggested that in the framework of theShariʽah, if there are any imperfections in the market, it is the responsibilityof the state to remove them. This paper also discusses the social and moralresponsibilities of the firms which claim that their products are Shariʽahcompliant. (shrink)

In the traditional sense, a work of art creates an illustration of the outside world, or of a certain text or doctrine. Sometimes it is considered that such an illustration is not literal, but is an interpretation of what is visible, or an interpretation of a certain literary or ideological message. It can also be assumed that a work of art creates its own visual world, a separate story or a separate philosophical statement. The Parc de La Villette represents the (...) last of these possibilities: it is a philosophical statement that develops the premises derived from poststructuralist philosophies and the philosophy of deconstruction. The uniqueness of its being status, however, is that it does so not only at the level of the theoretical assumptions, but also through its functioning as an active philosophical work. This means that a park is a happening philosophy. Its activity, however, does not refer only to the present tense, but is also an attempt to penetrate the future, all otherness and impossibility. This kind of activity assumes that the work, in a sense, does not yet fully exist, but is also still produced in the processes of its interpretation. The theoretical foundations of the park included texts by Bernard Tschumi, in which he questioned traditional ways of creating a work of architecture, postulating in return the use of a long series of negations, which were comparable to the crisis of metaphysics characteristic of contemporary philosophy. It is therefore no coincidence that the publication containing Tschumi’s theoretical text on Parc de La Villette was accompanied by an essay by Jacques Derrida developing some of the architect’s concepts. The next step in integrating philosophy into the process of park design was a series of discussions between Peter Eisenman and Derrida, who completely moved the creation of the park into the world of thoughts, without accentuating the need for their realization in the material reality. The main topic of these discussions was the problem of the chôra, which was taken up by later commentators and used to interpret the park as a work in which the philosophy of the beginning is manifested relating to issues of politics, morality and religion. The park was therefore interpreted as a space of invention within the scope of creating new rules of functioning of the community and democracy. Thinking about the political future may, however, exceed the horizon of ordinary expectations. Although philosophical thought is always connected with contemporary problems and metaphysics sometimes intertwines with current politics, yet at the same time the customs of philosophy also include crossing horizons and thinking about absolute otherness and impossibility. Initially, the chôra, différance, Absolute Otherness (tout autre) and the Impossibile were concepts of pure philosophy of atheistic character, but with the further development of the discussion, more and more theological motifs began to emerge. One of the reasons for this phenomenon was the fact that radical negations of all being, which were contemplated in contemporary philosophy (by Heidegger and Derrida, among others), had previously been manifested in negative and apophatic theologies (by Master Eckhart, among others). Also the category of the “Other”, taken from Emmanuel Levinas, was clearly connected with the thought about God. A further reason for connecting the chôra with the theological thought was the interest in the philosophy of deconstruction expressed by some theologians. Caputo in particular managed to persuade Derrida to participate in discussions on the current status of religion. In the late period of Derrida’s writing, further statements on religious topics appeared. All these reasons led to posing a question about the identity of the chôra and God. Although there were no satisfactory conclusions on this issue, the discussion was also important to create an interpretation of the park as a place of worship. The chôra, representing, according to Plato, the preoriginal emptiness is the place of every beginning, but it turns out that it is not neutral to the being created in it. The chôra deposits itself in every being as an irremovable beginning that interferes with its stability. The chôra, therefore, forces us into a palintropical movement, but it also turns out to be a pure compulsion, an erring necessity and a fundamental force from which, in the human perception, motifs useful to the individual and to the community are extracted. All definitions of this force, including its anthropomorphisation, are formulated in such a way that they allow for building private and collective morality upon them. Such definitions are changed depending on variable political situations. It is difficult to determine whether in the processes of changes in the formulation of “God’s names” any essential value is retained, which is not subject to change. The current definitions of the chôra (God?), which can be found, for example, in the philosophy of Caputo, stress that she is a combination of various and contradictory forces. This characteristic inherits much of Plato’s concept, reminds us of Master Eckhart’s views on Gottheit and, at the same time, is not unfamiliar to Tschumi, whose essays were an apologia of contradictions. The current concept of chôra, transferred into the sphere of politics, is the praise of social diversity and the protection of the difference from the forces of order. In the Parc de La Villette, the future community and democracy were elevated as a system of safe existence of individuals in all their singularity. The park is a temple of a future community in which individual beings have nothing in common. (shrink)

The question of what distinguishes moral problems from other problems is important to the study of the evolution and functioning of morality. Many researchers concerned with this topic have assumed, either implicitly or explicitly, that all moral problems are problems of cooperation. This assumption offers a response to the moral demarcation problem by identifying a necessary condition of moral problems. Characterizing moral problems as problems of cooperation is a popular response to this issue – (...) especially among researchers empirically studying the beginnings and limits of moral psychology. However, demarcating the moral in this way severely restricts the domain of moral problems. There are plenty of moral problems that aren’t simply problems of cooperation. In this paper I argue that understanding moral problems as problems of cooperation is too restrictive and offer an alternative way of demarcating moral from non-moral problems. Characterizing what makes a problem moral in terms of cooperation excludes a variety of problems that are ordinarily understood and responded to as moral. The alternative characterization that I propose is based on the American Indian/Native American concept of harmony. Using the concept of cooperation to demarcate the moral removes moral agents from their surroundings or contexts by assuming moral agency applies only to humans or other similarly evolved lifeforms. In contrast, using the concept of harmony allows for moral consideration to be granted to non-humans as well (e.g., non-human animals, plant life, ecosystems, etc.). (shrink)

In this article I examine the proposition that severe cognitive disability is an impediment to moral personhood. Moral personhood, as I understand it here, is articulated in the work of Jeff McMahan as that which confers a special moral status on a person. I rehearse the metaphysical arguments about the nature of personhood that ground McMahan’s claims regarding the moral status of the “congenitally severely mentally retarded” (CSMR for short). These claims, I argue, rest on the (...) view that only intrinsic psychological capacities are relevant to moral personhood: that is, that relational properties are generally not relevant. In addition, McMahan depends on an argument that species membership is irrelevant for moral consideration and a contention that privileging species membership is equivalent to a virulent nationalism (these will be discussed below). In consequence, the CSMR are excluded from moral personhood and their deaths are less significant as their killing is less wrong than that of persons. To throw doubt on McMahan’s conclusions about the moral status and wrongness of killing the CSMR I question the exclusive use of intrinsic properties in the metaphysics of personhood, the dismissal of the moral importance of species membership, and the example of virulent nationalism as an apt analogy. I also have a lot to say about McMahan’s empirical assumptions about the CSMR. (shrink)

In the traditional sense, a work of art creates an illustration of the outside world, or of a certain text or doctrine. Sometimes it is considered that such an illustration is not literal, but is an interpretation of what is visible, or an interpretation of a certain literary or ideological message. It can also be assumed that a work of art creates its own visual world, a separate story or a separate philosophical statement. The Parc de La Villette represents the (...) last of these possibilities: it is a philosophical statement that develops the premises derived from poststructuralist philosophies and the philosophy of deconstruction. The uniqueness of its being status, however, is that it does so not only at the level of the theoretical assumptions, but also through its functioning as an active philosophical work. This means that a park is a happening philosophy. Its activity, however, does not refer only to the present tense, but is also an attempt to penetrate the future, all otherness and impossibility. This kind of activity assumes that the work, in a sense, does not yet fully exist, but is also still produced in the processes of its interpretation. The theoretical foundations of the park included texts by Bernard Tschumi, in which he questioned traditional ways of creating a work of architecture, postulating in return the use of a long series of negations, which were comparable to the crisis of metaphysics characteristic of contemporary philosophy. It is therefore no coincidence that the publication containing Tschumi’s theoretical text on Parc de La Villette was accompanied by an essay by Jacques Derrida developing some of the architect’s concepts. The next step in integrating philosophy into the process of park design was a series of discussions between Peter Eisenman and Derrida, who completely moved the creation of the park into the world of thoughts, without accentuating the need for their realization in the material reality. The main topic of these discussions was the problem of the chôra, which was taken up by later commentators and used to interpret the park as a work in which the philosophy of the beginning is manifested relating to issues of politics, morality and religion. The park was therefore interpreted as a space of invention within the scope of creating new rules of functioning of the community and democracy. Thinking about the political future may, however, exceed the horizon of ordinary expectations. Although philosophical thought is always connected with contemporary problems and metaphysics sometimes intertwines with current politics, yet at the same time the customs of philosophy also include crossing horizons and thinking about absolute otherness and impossibility. Initially, the chôra, différance, Absolute Otherness (tout autre) and the Impossibile were concepts of pure philosophy of atheistic character, but with the further development of the discussion, more and more theological motifs began to emerge. One of the reasons for this phenomenon was the fact that radical negations of all being, which were contemplated in contemporary philosophy (by Heidegger and Derrida, among others), had previously been manifested in negative and apophatic theologies (by Master Eckhart, among others). Also the category of the “Other”, taken from Emmanuel Levinas, was clearly connected with the thought about God. A further reason for connecting the chôra with the theological thought was the interest in the philosophy of deconstruction expressed by some theologians. Caputo in particular managed to persuade Derrida to participate in discussions on the current status of religion. In the late period of Derrida’s writing, further statements on religious topics appeared. All these reasons led to posing a question about the identity of the chôra and God. Although there were no satisfactory conclusions on this issue, the discussion was also important to create an interpretation of the park as a place of worship. The chôra, representing, according to Plato, the preoriginal emptiness is the place of every beginning, but it turns out that it is not neutral to the being created in it. The chôra deposits itself in every being as an irremovable beginning that interferes with its stability. The chôra, therefore, forces us into a palintropical movement, but it also turns out to be a pure compulsion, an erring necessity and a fundamental force from which, in the human perception, motifs useful to the individual and to the community are extracted. All definitions of this force, including its anthropomorphisation, are formulated in such a way that they allow for building private and collective morality upon them. Such definitions are changed depending on variable political situations. It is difficult to determine whether in the processes of changes in the formulation of “God’s names” any essential value is retained, which is not subject to change. The current definitions of the chôra (God?), which can be found, for example, in the philosophy of Caputo, stress that she is a combination of various and contradictory forces. This characteristic inherits much of Plato’s concept, reminds us of Master Eckhart’s views on Gottheit and, at the same time, is not unfamiliar to Tschumi, whose essays were an apologia of contradictions. The current concept of chôra, transferred into the sphere of politics, is the praise of social diversity and the protection of the difference from the forces of order. In the Parc de La Villette, the future community and democracy were elevated as a system of safe existence of individuals in all their singularity. The park is a temple of a future community in which individual beings have nothing in common. (shrink)

In this article I examine the proposition that severe cognitive disability is an impediment to moral personhood. Moral personhood, as I understand it here, is articulated in the work of Jeff McMahan as that which confers a special moral status on a person. I rehearse the metaphysical arguments about the nature of personhood that ground McMahan’s claims regarding the moral status of the “congenitally severely mentally retarded” (CSMR for short). These claims, I argue, rest on the (...) view that only intrinsic psychological capacities are relevant to moral personhood: that is, that relational properties are generally not relevant. In addition, McMahan depends on an argument that species membership is irrelevant for moral consideration and a contention that privileging species membership is equivalent to a virulent nationalism (these will be discussed below). In consequence, the CSMR are excluded from moral personhood and their deaths are less significant as their killing is less wrong than that of persons. To throw doubt on McMahan’s conclusions about the moral status and wrongness of killing the CSMR I question the exclusive use of intrinsic properties in the metaphysics of personhood, the dismissal of the moral importance of species membership, and the example of virulent nationalism as an apt analogy. I also have a lot to say about McMahan’s empirical assumptions about the CSMR. (shrink)

In this paper I explore and reject the claim that an anthropocentric ethic necessarily excludes recognition of the intrinsic value of nature. Part One reviews thereasons for attributing intrinsic value to nature and considers how a teleological view of nature can transform the role of the moral subject and the nature of moral judgment. Following Tim Hayward, I argue that anthropocentrism does not entail “speciesism” and can accommodate the extension of moral consideration to non-human nature, thus (...) reconstituting an anthropocentric ethic. In Part Two, I apply these principles to Kant’s notion of natural purposiveness. I argue that Kantian ethics, a paradigm of anthropocentric ethics, cannot be considered speciesist because nature must be evaluated from the perspective of the highest good. I conclude that the highest good requires the promotion of a form of sustainable development that includes strong ecological values. (shrink)

Garden and melancholy have been analysed by Alicja Kuczyńska from the standpoint of Renaissance Neoplatonism. I try to work out a common denominator for them, and attempt to compare Renaissance and Romantic melancholy—in the garden space. I see a positive moment in the notions developed by Kuczyńska, namely in that melancholy, as an expectation, acquires a positive dimension, approaching hope.

Kant claimed that human beings have no duties to animals because they are not autonomous ends in themselves. I argue that Kant was wrong to exclude animals from the realm of moral consideration. Animals, although they do not set their own ends and thus cannot be regarded as ends in themselves, do have ends that are given to them by nature. As beings with ends, they stand between mere things that have no ends, and rational beings that (...) are ends in themselves. I propose a broader version of Kant's kingdom of ends, in which rational beings respect the ends of all other beings that have them, including animals. The moral status of animals would still be dependent on the existence of rational beings, but our duty to take their ends into account would be a direct duty to them, rather than being a covert duty to human beings. (shrink)

In 1798 the French Directory began to collect moral statistics systematically for the first time in history. The bureaucratic and scientific developments that preceded this policy are well known. Yet the reasons for its abrupt adoption, and the intellectual origins of moral statistics (as distinguished from the topographical statistics previously practiced), have until now remained obscure. This paper contends that, in the aftermath of the Terror, Joseph de Maistre sketched philosophical tools and made political observations that aided (...) the rise of the new state science. In particular, Maistre’s anti-Rousseauian essay On the State of Nature (composed 1794-1796), a critique of Rousseau’s second Discourse on the Origin of Inequality (1755), outlined theoretical concepts crucial to moral statistics. Maistre’s widely read Considerations on France (1797) later made these concepts available to the French public in an accessible and memorable style. In On the State of Nature Maistre set down his ideas on reason, human nature, human perfectibility, justice, conscience, Providence and chance. These ideas presented the agency of the moral in an innovative way that not only suggested immediate systematic applications, but also helped prepare the French sociological project. Indeed if any text made the theoretical shift away from the model of human nature to the paradigm of normal people with laws of dispersion that Ian Hacking claims set French sociology apart, it is On the State of Nature. Moreover, Maistre’s realist critique of Rousseau’s imagination augured the notion of the social fact that Comte transformed, and Durkheim defined. (shrink)

Tschumi believes that the quality of architecture depends on the theoretical factor it contains. Such a view led to the creation of architecture that would achieve visibility and comprehensibility only after its interpretation. On his way to creating such an architecture he took on a purely philosophical reflection on the basic building block of architecture, which is space. In 1975, he wrote an essay entitled Questions of Space, in which he included several dozen questions about the nature of space. The (...) questions he formulated could be regarded as analogous to the situation in the philosophy of the time, in which the interest in questioning the most obvious forms of understanding the world and intellectual categories increased. The research on space is an area common to many fields of natural sciences, humanities and artistic creation, but it also deals with other problems, such as issues of experience. The concept of space-time continuum proposed by Hermann Minkowski drew attention to the identity of time and space with the events taking place. Probably regardless of the postulates of physicists commenting on Einstein’s discoveries, also in philosophy it increased the importance of the concept of the event which became dominant in Heidegger’s latest work Contributions of Philosophy. Of the event. Furthermore, Tschumi’s reflections on space entered into relation with the problem of experience, which aroused the interest of a group of French philosophers trying to assimilate Georges Bataille’s concept of “inner experience”. Both Tschumi and Derrida referred to Bataille because his views could be used not only to modify the concept of the subject, but also to change the understanding of what constitutes the area of architecture. The discussion on experience has led to the recognition that the subject is not sovereign, but actually a form of what is on their outside. Such insights make it possible to treat the area of the Parc de La Villette as existing mainly when it is organised by its users. The decisive features of the Park are its assumptions, according to which it is a variety of active void that leads to agreeing new social relations with it. The park does not force to participate in already existing moral or political communities, but tries to move into an unknown future in which the scope of free functioning of individuals will be increased. Doubts about the principles of functioning of the individual self and its discovery as a whole composed of non-coherent parts, as well as its dependence on its own depth full of disordered forces, influenced the understanding of architecture as a set of contradictions whose source is a fundamental void anticipating the empty phenomenal space. The use of this phenomenal void in architecture, as well as the rejection of the whole and unity, had a specific political purpose and drew its inspiration from political analyses. In the Parc de La Villette, metaphysics and politics were brought closer together because the philosophy of void was used to create new conditions for community action. It can be argued that the source of this philosophy was the perception of errors in existing societies dependent on the shortcomings of traditional metaphysics. Spacing (espacement) was one of the key terms in Derrida’s philosophy, which was also combined with the concepts of différance and chôra. The study of the nature of space, especially its transition from the level of pure possibility to the level of sensual phenomenon, also contributes to understanding how well designed space can have an impact on its audience. This explanation is based on Tschumi’s assumption that the space of the Parc de La Villette contradicts the integrating approaches and instead exposes contradictions, but it does so in a way that combines incompatible properties into a single piece of architecture. The specificity of such integration is similar to the invention of a musical phrase, which is an ideological message: moral and political. Such a thesis may raise doubts, however, if both the clearly adopted assumptions and those deduced from the work allow for their ↪Quart Nr 2(52)/2019 logically ordered presentation then to a limited extent it may be assumed that the work has achieved a connection between a specific philosophy of space and its practical application. Derrida combined the problem of spatiality with the problem of transcendental imagination in Kant’s philosophy, who in the first version of Critique of Pure Reason assumed that pure imagination precedes the appearance of time and space, even in their transcendental forms. The imagination in such a situation can be described as a factor activating time and space, which indicates what function is played by movement in this activity. This leads us to recognize that the ultra originary source of pure forms of sensual intuition is movement, which in early Greek philosophy was identified with void and its lack of resistance to phenomena occurring in it. Derrida’s philosophy in search of a certain super-transcendental source of time and space pointed to différance which, like void or the chôra, does not have material features or even any other form of being. Différance is the primary cause of the disruption of motionlessness and the introduction of activity into motionless time and space, thus its activity can be described as spacing (espacement). Derrida’s discoveries in this respect are not entirely original, because Hegel already pointed out when examining the present that it is primarily a differential relation (differente Beziehung), which, being seemingly neutral, influences the present with supernatural force and makes it unidentifiable with itself. Differente Beziehung must similarly influence the originary space, negating its initial character by multiplying its divisions and expanding its boundaries. Différance acts by revealing contradictions wherever there is apparent undifferentiation. Tschumi, composing the Parc de La Villette as a variety of void and a set of incompatible layers, followed the rules of différance or the chôra: he made void visible together with its saturation with contradictions. If space can be considered to be the result of the activity of difference, such activity has a certain regularity, which influences the behaviour of its observers. Differences or contradictions fall into a certain rhythm, which can be considered a manifestation of transcendent order. The problem is that what can be considered the source of such order, namely the logos or God, is partly disorder and error. According to descriptions contained in Timaeus, the world is a combination of forces that drive to order with forces of erroneous necessity that resounds in every order and forces it to return to disorder. Derrida denied the possibility of understanding différance as a theological value, even if it were a negative or apophatic theology, but no categorical denial could be perfect. The assumption that différance or the chôra are not endowed with any substance properties cannot deny their activity, and thus a certain force. Already since Democritus, philosophy has multiplied the names of such a force and the contradictory variety of its manifestations, never forgetting also the necessity for reason to withdraw from the possibility of giving its correct characteristics. Such a withdrawal may be interpreted as an expression of respect and, in certain situations, as a cult of the force that precedes reasonableness. The Parc de La Villette, which is an artistic divagation about the contradictions and forces behind them, can be considered as a place of their sublimation, and therefore as a variation of the temple of what differs from order and disorder. (shrink)

Arguments from human dignity feature prominently in the Lethal Autonomous Weapons moral feasibility debate, even though their exists considerable controversy over their role and soundness and the notion of dignity remains under-defined. Drawing on the work of Dieter Birnbacher, I fix the sub-discourse as referring to the essential value of human persons in general, and to postulated moral rights of combatants not covered within the existing paradigm of the International Humanitarian Law in particular. I then review and (...) critique dignity-based arguments against LAWS: argument from faulty targeting process, argument from objectification, argument from underappreciation of the value of human life and the argument from the absence of mercy. I conclude that the argument from the absence of mercy is the only dignity-based argument that is both valid and irreducible to another class of arguments within the debate, and that it offers insufficient justification for a global ban on LAWS. (shrink)

It would seem obvious to assume that nothing enters our consciousness that does not have a `meaning'. Feelings, customs, prescriptions, gestures — all these are involuntarily interpreted and valued in function of various historical, social and cultural conceptions and circumstances. This is why philosophical considerations about justice, ethics and rights nowadays are linked with the concrete `meaning' of goods, customs, institutions and persons. Walzer is no exception when he situates his moral and political reflections in the `meaning' that goods, (...) customs and institutions have in a particular culture at a particular time.Though the importance of meaning is seldom overlooked, this does not prevent there from being opposed theories about it. Two of the current theories about how meaning is created give rise to quite divergent views about what founds ethics. Because I am curious about which of the currents Walzer would subscribe to, I will briefly sketch both of them.In contemporary philosophy we see, on the one hand, those who assume that the meaning of a person or a thing is the result of an interpretation based on reference narratives, ideologies, novels, articles of faith, cultural patterns of expectation, scientific models, and other sorts of interpretative frameworks. Alongside their attention to linguistic expressions and narratives, and contextual, historical circumstances, these thinkers also take into account something which, in their opinion, escapes reference, something that appears more in a negative than a positive experience. On this view, it is assumed, when speaking for example about human rights, that although there exist various cultural modes of interpretation, phenomena such as `human dignity' refer in one way or another to something that various cultures aim at. In every culture, the infringement of this underlying principle gives rise to some form of outrage which is expressed in an original way within the particular cultural context.Others claim that customs, narratives, practices, etc., cannot be considered as media that make meanings `interpretable' and communicable, but rather they should be seen as signs that establish meaning by virtue of their relationship with each other. Sometimes the structuralists who defend this notion are accused of giving the impression that we are all wanderers in a Kafkaesque dictionary labyrinth, moving from one entry to another without ever seeing the light of day. The critics say that language and signs play an important role, but ultimately reality consists of concrete people, concrete landscapes with houses, trees and roads, populated by plants, animals and various sorts of objects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith and the Virtues of EnlightenmentFred D. Miller Jr.Charles L. Griswold. Adam Smith and the Virtues of Enlightenment. Cambridge: Cambridge University Press, 1999. Pp. xiv + 412. Cloth, $59.95.For over a century, scholars have been vexed by the so-called "Adam Smith problem," which concerns the relationship between the two works which Smith published during his lifetime: The Theory of Moral Sentiments (TMS) in 1759, and An (...) Inquiry into the Nature and Causes of the Wealth of Nations (WN) in 1776 (citations are to the Liberty Classics reprints of the Oxford University Press editions). Many have regarded them as discordant: while TMS is apparently concerned with classical ethics, WN seems to assume that humans are basically egoistic, although they can be directed toward the public good by means of the "invisible hand." It is tempting to view Smith as a transitional author: TMS is the swan song of virtue ethics, whereas WN is a pioneering work in a new tradition of political economy.Griswold challenges this temptation in this brilliant study, arguing that Smith had a coherent and integrated philosophical viewpoint encompassing TMS, WN, and other surviving writings. Griswold views Smith as offering a virtue ethics and "throwing in his lot with the ancient moralists" (65). He argues, "We cannot grasp Smith's diagnosis of and therapy for the modern age without devoting considerable attention to his analysis of the virtues (especially the virtue of justice) as well as to the theory of the emotions, of the impartial spectator, and of sympathy" (20). Smith tried to reconcile a traditional ethics with modern skepticism and the new values associated with commercial society and religious secularism. Griswold's book illuminates a wide range of themes in Smith's moral philosophy: his view of rhetoric, method, and system underlying TMS (chapter 1); sympathy and self-interest (chapter 2); moral psychology and the theory of the impartial spectator (chapter 3); Smith's skepticism and reservations about philosophy (chapter 4); virtue theory (chapter 5); justice (chapter 6); the relationship between TMS and WN (chapter 7); and nature versus artifice in ethics (chapter 8). The epilogue critically discusses whether Smith's moral theory falls into subjectivism, and whether [End Page 439] Smith goes too far in excluding philosophers such as Socrates from ordinary moral discourse.A brief review cannot do justice to Griswold's compelling interpretation, and I shall focus on his solution to "the old problem of how the moral theory and the political economy mesh" (21). Griswold argues, "Smith sees himself as synthesizing an ancient view about the nature of virtue with a modern approach to the problem of the source of moral value. Consequently the moral psychology (especially the notions of sympathy and the impartial spectator) and the virtue theory must be understood in light of each other" (181). Further, "The virtue theory is the moral foundation of Smith's political economy, political theory, and 'natural jurisprudence.' Hence the virtue theory is closely tied to his doctrine of liberty as well as to his views about the pursuit of wealth. However 'ancient' the virtue theory may in some respects be, Smith combines it with a modern view of the social and political institutions appropriate to virtue" (ibid.). With impressive erudition Griswold argues that "taken together... TMS and WN form complementary parts of a larger whole" (265), and that Smith thinks "the virtues of a free and commercial society" may be defended on the basis of views espoused in WN: skepticism of state interference in economic and social matters, anti-utopianism, and the doctrine of the invisible hand (21). Yet WN does not place blind faith in laissez faire but advocates social justice, compulsory public education and greater taxes on the rich (254, 264, 359).Has Griswold, then, finally solved the Adam Smith Problem? There remains the problem that WN apparently neglects central themes of TMS: sympathy, the impartial spectator, and benevolence. In TMS virtue has distinctive components: "Concern for our own happiness recommends to us the virtue of prudence: concern for that of other people, the virtues of justice and beneficence" (TMS 262). These constitute perfect virtue: "The man who acts according to the rules of perfect... (shrink)

Bradley's critique of abstract, atomic individualism in social and political theory addresses persistent shortcomings of liberalism. At the same time, his account of the growth of moral order in the individual offers a counterweight to excessively organicist theories of the moral self, which dissolve it into social context and undercut the possibility of non-social, non-trivial moral norms. This thesis argues that Bradley avoids this by complementing the contextual determination of individual ends with a developmental moral psychology (...) that provides a conception of human nature and specific ends which are not socially formed, and develops more fully his conception of the community as the embodiment of moral order. ;In the introduction I describe the development of atomic individualism in social theory and nineteenth century opposition to it. In chapters two and three I examine Bradley's critique of Mill's atomism and Michael Sandel's criticisms of Rawls's social theory and compare these criticisms. The comparison indicates significant agreement between communitarian criticisms of deontological liberalism and Bradley's critique of Mill. ;In chapters four through six I give an account of Bradley's moral psychology which explains his philosophical motivation for espousing social organicism. I examine the notion of self-realization as a psychological principle and make tangible the central importance Bradley gives to realization of the self as a whole. I consider: Bradley's basic psychological "law," its bearing on the early stages of moral development, the development of 'objective interests' which become constitutive of our mature moral identity, Bradley's formula for self-realization, and the nature of some concrete ends which give it substantial content. I incorporate these into a consideration of Bradley's conception of the community or 'moral organism,' and defend this from the objection that it requires strong metaphysical claims. ;In chapter seven I develop the conception further through a comparison of Bradley's ethics to A. E. Murphy's account of the language of moral reasons in The Theory of Practical Reason. My conclusion indicates its present importance by relating it to a recent study of ethical culture in America--Habits of the Heart--and by suggesting its potentially salutary effects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith and the Virtues of EnlightenmentFred D. Miller Jr.Charles L. Griswold. Adam Smith and the Virtues of Enlightenment. Cambridge: Cambridge University Press, 1999. Pp. xiv + 412. Cloth, $59.95.For over a century, scholars have been vexed by the so-called "Adam Smith problem," which concerns the relationship between the two works which Smith published during his lifetime: The Theory of Moral Sentiments (TMS) in 1759, and An (...) Inquiry into the Nature and Causes of the Wealth of Nations (WN) in 1776 (citations are to the Liberty Classics reprints of the Oxford University Press editions). Many have regarded them as discordant: while TMS is apparently concerned with classical ethics, WN seems to assume that humans are basically egoistic, although they can be directed toward the public good by means of the "invisible hand." It is tempting to view Smith as a transitional author: TMS is the swan song of virtue ethics, whereas WN is a pioneering work in a new tradition of political economy.Griswold challenges this temptation in this brilliant study, arguing that Smith had a coherent and integrated philosophical viewpoint encompassing TMS, WN, and other surviving writings. Griswold views Smith as offering a virtue ethics and "throwing in his lot with the ancient moralists" (65). He argues, "We cannot grasp Smith's diagnosis of and therapy for the modern age without devoting considerable attention to his analysis of the virtues (especially the virtue of justice) as well as to the theory of the emotions, of the impartial spectator, and of sympathy" (20). Smith tried to reconcile a traditional ethics with modern skepticism and the new values associated with commercial society and religious secularism. Griswold's book illuminates a wide range of themes in Smith's moral philosophy: his view of rhetoric, method, and system underlying TMS (chapter 1); sympathy and self-interest (chapter 2); moral psychology and the theory of the impartial spectator (chapter 3); Smith's skepticism and reservations about philosophy (chapter 4); virtue theory (chapter 5); justice (chapter 6); the relationship between TMS and WN (chapter 7); and nature versus artifice in ethics (chapter 8). The epilogue critically discusses whether Smith's moral theory falls into subjectivism, and whether [End Page 439] Smith goes too far in excluding philosophers such as Socrates from ordinary moral discourse.A brief review cannot do justice to Griswold's compelling interpretation, and I shall focus on his solution to "the old problem of how the moral theory and the political economy mesh" (21). Griswold argues, "Smith sees himself as synthesizing an ancient view about the nature of virtue with a modern approach to the problem of the source of moral value. Consequently the moral psychology (especially the notions of sympathy and the impartial spectator) and the virtue theory must be understood in light of each other" (181). Further, "The virtue theory is the moral foundation of Smith's political economy, political theory, and 'natural jurisprudence.' Hence the virtue theory is closely tied to his doctrine of liberty as well as to his views about the pursuit of wealth. However 'ancient' the virtue theory may in some respects be, Smith combines it with a modern view of the social and political institutions appropriate to virtue" (ibid.). With impressive erudition Griswold argues that "taken together... TMS and WN form complementary parts of a larger whole" (265), and that Smith thinks "the virtues of a free and commercial society" may be defended on the basis of views espoused in WN: skepticism of state interference in economic and social matters, anti-utopianism, and the doctrine of the invisible hand (21). Yet WN does not place blind faith in laissez faire but advocates social justice, compulsory public education and greater taxes on the rich (254, 264, 359).Has Griswold, then, finally solved the Adam Smith Problem? There remains the problem that WN apparently neglects central themes of TMS: sympathy, the impartial spectator, and benevolence. In TMS virtue has distinctive components: "Concern for our own happiness recommends to us the virtue of prudence: concern for that of other people, the virtues of justice and beneficence" (TMS 262). These constitute perfect virtue: "The man who acts according to the rules of perfect... (shrink)

Law is often linked to ethics and morality. Regulations of genetically modified organisms ensue from a discussion on how well the law is composed to accommodate ethical considerations. The precautionary principle and biotechnology have undeniable moral connotations. Besides, the principle has socio-economic implications. The application of the precautionary principle in plant breeding should be legally justified on the basis of the best available evidence. On the other hand, scientific information cannot provide all the necessary information on which a (...) risk management decision should be based. This article addresses the issue of gap between science, ethics, and socio-economic considerations related to the cultivation and authorisation of GM crops. (shrink)

This article adopts Ernesto Laclau’s notion of empty signifier to discuss Tang Junyi’s uses of the concept oflixing(‘reason’ or ‘rationality’) in his seminal workCultural Consciousness and Moral Reason(文化意識與道德理性; 1958). My dual goal, in doing so, is to bring to light the relations of power constitutive of the text’s discourse onlixingand relate them to the problematic of writing philosophy from the periphery. I argue that in this work,lixing’s dual referents—as a translation of ‘reason’ and as denoting a Neo-Confucian faculty (...) to intuit moral truths—allow Tang to inscribe himself in a philosophical field designed to exclude non-Western philosophies, while at the same time enabling him to symbolically relegate Euro-American philosophy to a peripheral position by filling in the notion oflixingwith a content that legitimizes his own agenda. Tang could thus authorize his Confucian metaphysics by presenting it as the true content oflixing, understood not only as a universal faculty enabling humanity’s access to all that is universal, but also as a condition sine qua non of for one’s inclusion in the philosophical game. By attempting to co-opt the empty signifier (lixing/reason) for his own purposes, I argue Tang employs one of two possible strategies that can be adopted by those situated at the periphery in order to oppose the hegemon; one that leaves the structure of power relations intact but working in favor of the periphery. (shrink)

We barely talk about them and seldom know their names. Philosophy has always overlooked them; even biology considers them as mere decoration on the tree of life. And yet plants give life to the Earth: they produce the atmosphere that surrounds us and they are the origin of the oxygen that animates us. Plants embody the most direct, elementary connection that life can establish with the world. In this book, philosopher Emanuele Coccia argues that, as the very creator (...) of atmosphere, plants occupy the fundamental position from which we should analyze all elements of life. From this standpoint, we can no longer perceive the world as a simple collection of objects or a universal space containing all things, but as the site of a veritable metaphysical mixture. One implication of Coccia’s claim is that since the atmosphere of life is rendered possible through plants alone, life only perpetuates itself through the very circle of consumption undertaken by plants. In other words, life exists only insofar as it consumes other life, removing any moral or ethical considerations from the equation. In contrast to trends of thought which discuss nature and the cosmos in general terms, Coccia’s account brings the infinitely small together with the infinitely big, offering a radical redefinition of the place of humanity within the realm of life. Faced as we are with ever more complex and urgent ecological questions, this path-breaking account of the life of plants will appeal not only to students and scholars of philosophy but to a wide range of readers interested in our relation to the natural world. (shrink)

A moral-pragmatic argument for a proposition is an argument intended to establish that believing the proposition would be morally beneficial. Since such arguments do not adduce epistemic reasons, i.e., reasons that support the truth of a proposition, they can seem at best to be irrelevant epistemically. At worst, believing on the basis of such reasoning can seem to involve wishful thinking and intellectual dishonesty of a sort that that precludes such beliefs from being epistemically unjustified. Inspired by an (...) argument from William James’ classic, “The Will to Believe”, I argue that there is a way of making sense of moral-pragmatic arguments such that they are epistemically relevant. I develop and argue for a theory of epistemic justification that I dub the “moral encroachment theory” (emphasizing its connection to recent pragmatic encroachment views). According to the theory, moral considerations can raise or lower epistemic standards from where they would be in morally neutral settings. The moral encroachment theory, I contend, denotes a normative property that is at once distinctively epistemic and valuable. The theory also allows a legitimate role for moral-pragmatic reasoning under certain conditions. The upshot is that moral-pragmatic reasoning can be epistemically as well as morally appropriate. (shrink)

Future global food insecurity due to growing population as well as changing consumption demands and population growth is sometimes suggested to be met by increase in aquaculture production. This raises a range of ethical issues, seldom discussed together: fish welfare, food security, human health, climate change and environment, and public concern and legislation, which could preferably be seen as pieces in a puzzle, accepting their interdependency. A balanced decision in favour of or against aquaculture needs to take at least these (...) issues into consideration. It is further argued that in the parallel discussion on increased livestock production animal welfare is an inevitable element both in relation to current legislation in many countries but also in relation to our perception of moral, whereas awareness of fish welfare is low. Both EU legislation and labelling concerning fish is mainly limited to environmental aspects. It is argued that EU shows a split perception of fish, on the one hand acknowledging scientific evidence of fish capacities but on the other excludes fish from detailed legislation. Combining the claim of the Treaty of Lisbon to pay full regard to animal welfare and scientific evidence fish are sentient it is concluded that fish welfare need to be considered in any farming practice and any ethical consideration of increased aquaculture. This might be facilitated taking a basis in our own vulnerability and interdependence, combined with moral responsibility to show sentient beings a ‘loving kindness’—an extension of Cora Diamond’s argument regarding mammals. (shrink)

The development of machine learning and deep learning (DL) in the field of AI (artificial intelligence) is the direct result of the advancement of nano-electronics. Machine learning is a function that provides the system with the capacity to learn from data without being programmed explicitly. It is basically a mathematical and probabilistic model. DL is part of machine learning methods based on artificial neural networks, simply called neural networks (NNs), as they are inspired by the biological NNs that constitute (...) organic brains. Despite its similarity to biological organs such as human brains, major problems arise in trying to attribute moral responsibility to autonomic systems based on hardware including nano-electronic devices, which are sought to replace humans (moral agents) in the context of AI. It is suggested that the required emotional environment which enables actions according to reasons in humans is not witnessed at AI devices. Though AI technology raises an enticing resemblance to human actions, this resemblance is to be considered with a skeptical eye. It is because actions are associated with reasons while causes are connected to operations. Human agents are capable of acting upon their reasons, while AI devices are limited only to operations as they are conditioned by their programming, which is considered as an embodiment of some causes. As moral responsibility goes hand in hand with the capacity to act (according to reasons), attributing moral responsibility to AI devices is revealed to be but a misleading metaphor. (shrink)

ABSTRACTWith the recent revival of moral intuitionism, the work of W. D. Ross has grown in stature. But if we look at some recent well-regarded histories, anthologies and companions of analytic philosophy, Ross is noticeably absent. This discrepancy of assessments raises the question of Ross’s place in the history of analytic philosophy. Hans-Johann Glock has recently claimed that Ross is not an analytic philosopher at all, but is instead a ‘traditional philosopher’. In this article, I will identify several undeniable (...) features of analytic philosophy that Ross’s work bears: a focus on linguistic analysis, great respect for pre-theoretical thoughts, the conviction that philosophy is a collaborative, piecemeal enterprise and so on. Such an investigation, I claim, reveals two historically significant results: Ross was the first ethicist to fully draw from commonsense beliefs about morality in light of characteristic analytic considerations to secure his theory. Two, concerning the matter of whether the notion... (shrink)

: A major shortcoming of the Animal Welfare Act is its exclusion of the species most-used in experimentation-rats, mice, and birds. Considerations of justice dictate that extension of the law to these three species is the morally right thing to do. A brief history of how these species came to be excluded from the laws protecting laboratory animals is also provided, as well as discussion of the implications and significance of expanding the law.