According to Bernard Williams, attempts to justify a categorically binding impartial principle fail because they can only establish categorically binding requirements on action by making them non-universalizable , and can only establish impartial requirements by rendering them inapplicable to real agents . But, an individual cannot be the particular agent the individual is without being an agent every bit as much as an individual cannot be an agent without being the particular agent that the individual is. On this basis, it (...) is argued that, when the actual Gewirthian argument for a categorically binding impartial principle is presented, which Williams does not do, his objections to it do not hold and the argument establishes that agents are categorically bound to accept a substantive impartial principle that, at the same time, permits them to live lives that respect their own personal interests. Consequently, Williams’ dilemma is false. (shrink)

Alan Gewirth's _Reason and Morality_, in which he set forth the Principle of Generic Consistency, is a major work of modern ethical theory that, though much debated and highly respected, has yet to gain full acceptance. Deryck Beyleveld contends that this resistance stems from misunderstanding of the method and logical operations of Gewirth's central argument. In this book Beyleveld seeks to remedy this deficiency. His rigorous reconstruction of Gewirth's argument gives its various parts their most compelling formulation and clarifies (...) its essential logical structure. Beyleveld then classifies all the criticisms that Gewirth's argument has received and measures them against his reconstruction of the argument. The overall result is an immensely rich picture of the argument, in which all of its complex issues and key moves are clearly displayed and its validity can finally be discerned. The comprehensiveness of Beyleveld's treatment provides ready access to the entire debate surrounding the foundational argument of _Reason and Morality_. It will be required reading for all who are interested in Gewirth's theory and deontological ethics and will be of central importance to moral and legal theorists. (shrink)

This book presents a comprehensive analysis of Kant’s justification of the categorical imperative. The book contests the standard interpretation of Kant’s views by arguing that he never abandoned his view about this as expressed in his Groundwork. It is distinctive in the way in which it places Kant’s argument in the context of his transcendental philosophy as a whole, which is essential to understand it as an argument from within human agential self-understanding. The book reviews that existing literature, then presents (...) a logical construction of Kant’s argument, which it defends by examining what Kant has to say about synthetic a priori practical propositions in the context of his transcendental philosophy as a whole, and by a detailed examination of how he presents his argument in the Second Critique and the Groundwork. Particular attention is given to the views of two scholars who share many of the views expressed in this book: Klaus Steigleder and Michael Wolff. Special attention is also given to the views of Owen Ware, who, while sharing many of our arguments has a very different overall view. The concluding chapter provides a statement about the validity of Kant’s argument. (shrink)

Alan Gewirth's Reason and Morality , in which he set forth the Principle of Generic Consistency, is a major work of modern ethical theory that, though much debated and highly respected, has yet to gain full acceptance. Deryck Beyleveld contends that this resistance stems from misunderstanding of the method and logical operations of Gewirth's central argument. In this book Beyleveld seeks to remedy this deficiency. His rigorous reconstruction of Gewirth's argument gives its various parts their most compelling formulation and (...) clarifies its essential logical structure. Beyleveld then classifies all the criticisms that Gewirth's argument has received and measures them against his reconstruction of the argument. The overall result is an immensely rich picture of the argument, in which all of its complex issues and key moves are clearly displayed and its validity can finally be discerned. The comprehensiveness of Beyleveld's treatment provides ready access to the entire debate surrounding the foundational argument of Reason and Morality . It will be required reading for all who are interested in Gewirth's theory and deontological ethics and will be of central importance to moral and legal theorists. (shrink)

The concept of human dignity is increasingly invoked in bioethical debate and, indeed, in international instruments concerned with biotechnology and biomedicine. While some commentators consider appeals to human dignity to be little more than rhetoric and not worthy of serious consideration, the authors of this groundbreaking new study give such appeals distinct and defensible meaning through an application of the moral theory of Alan Gewirth.

There are many cases in which, by making some great sacrifice, you could bring about either a good outcome or a very good outcome. In some of these cases, it seems wrong for you to bring about the good outcome, since you could bring about the very good outcome with no additional sacrifice. It also seems permissible for you not to make the sacrifice, and bring about neither outcome. But together, these claims seem to imply that you ought to bring (...) about neither outcome rather than the good outcome. And that seems very counterintuitive. In this paper, I develop this problem, propose a solution, and then draw out some implications both for how we should understand supererogation and for how we should approach charitable giving. (shrink)

Our ability to generate genomic data is currently well ahead of our ability to understand what they mean, raising challenges about how best to engage with them. This article considers ethical aspects of work with such data, focussing on research contexts that are intertwined with clinical care. We discuss the identifying nature of genomic data, the medical information intrinsic within them, and their linking of people within a biological family. We go on to consider what this means for consent, the (...) importance of thoughtful sharing of genomic data, the challenge of constructing meaningful findings, and the legacy of unequal representation in genomic datasets. We argue that the ongoing success of genomic data research relies on public trust in the enterprise: to justify this trust, we need to ensure robust stewarding, and wide engagement about the ethical issues inherent in such practices. (shrink)

The passion of inequality exists in the discourse that binds people by their adhesion to the beliefs about the hierarchic distribution of positions in society. In this manner the differences that structure the (apparently) natural titles to be governed or to govern are put in a state of aggregation. The apparent naturalness of these titles masks a principle of equality, a necessary artifact that breaches the nature of the social bond. This article argues that despite the hegemonic pressure of inequality, (...) the situation of apprenticeship can contain events of emancipation. For this, the ‘master’ must articulate two complementary artifacts in his relation with his apprentice. First, he must occupy a posture of ignorance. Second, he must ascribe priority to the object to be known or listened to (the text, the words...) in such a way that a connection is made between the intelligences that he is interrogating and, thus, that their equality is verified. (shrink)

This paper analyses the main challenges to the idea that we should and can represent future generations in our present policymaking. It argues that these challenges can and should be approached from the perspective of human rights. To this end it introduces and sketches the main features of a human rights framework derived from the moral theory of Alan Gewirth. It indicates how this framework can be grounded philosophically, sketches the main features and open questions of the framework and its (...) grounding, and shows how it can be used to deal with the challenges to the idea that future generations have rights that can be represented in our policymaking. (shrink)

First published in 1959, this original study argues that the main characteristic of music is that it expresses and evokes emotion, and that all composers whose music has a tonal basis have used the same, or closely similar, melodic phrases, harmonies, and rhythms to affect the listener in the same ways. He supports this view with hundreds of musical examples, ranging from plainsong to Stravinsky, and contends that music is a language in the specific sense that we can identify idioms (...) and draw up a list of meanings. The book's final section analyzes two symphonies, Mozart's Fortieth and Vaughan Williams's Sixth, to explore the nature of musical inspiration and the process whereby the notes actually convey emotion from composer to listener. (shrink)

In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with (...) the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application. (shrink)

The philosophical debate about the concept of Law is dominated by two traditions: Legal Positivism and Natural-Law Theory. Within Anglo-American Jurisprudence, Legal Positivism is unquestionably the more popular approach. Whilst in recent years there have been a number of assaults upon this ruling view, opposition to Legal Positivism is still very much at the margins of contempory Jurisprudence, The authors of this major work argue, however, that Legal Positivism should be rejected, contending that it is incorrect not in some minor (...) detail but in what they take to be its central tenet, the thesis that the concept of law is morally neutral. Their contention amounts to a rejection of Legal Positivism in favour of Natural-Law Theory. Law as a Moral Judgment is an important and controversial contribution to Jurisprudence. It puts forward a coherent and well argued case which will have to be answered by those of opposed opinion. (shrink)

What is it for a state, constitution or set of governmental institutions to have political legitimacy? This paper raises some doubts about two broadly liberal answers to this question, which can be labelled ?Kantian? and ?libertarian?. The argument focuses in particular on the relationship between legitimacy and principles of justice and on the place of consent. By contrast with these views, I suggest that, without endorsing the kind of voluntarist theory, according to which political legitimacy is simply created by individual (...) consent, an adequate understanding of political legitimacy should take much more account than most philosophical theories tend to do of the attitudes and beliefs of citizens and the social and political context in which they have saliency. This also involves acknowledging the limits of theory in determining criteria of political legitimacy. (shrink)

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways consistent (...) with the PGC, or deny that human beings are equal in dignity and rights (which idea defines human rights) or that they are agents (and hence subject to any rules at all). Implications for the interpretation of the international legal system of human rights inspired by the Universal Declaration of Human Rights 1948 are sketched. (shrink)

The content of dreams and changes to the self were investigated in students moving to University. In study 1, 20 participants completed dream diaries and memory tasks before and after they had left home and moved to university, and generated self images, “I am…” statements , reflective of their current self. Changes in “I ams” were observed, indicating a newly-formed ‘university’ self. These self, images and related autobiographical knowledge were found to be incorporated into recent dreams but not into dreams (...) from other periods. Study 2 replicated these findings in a different sample . We suggest that these data reflect a period of self-consolidation in which new experiences and self images are incorporated into autobiographical memory knowledge structures representing personal goals during sleep. (shrink)

Is there any number of people you should save from paralysis rather than saving one person from death? Is there any number of people you should save from a migraine rather than saving one person from death? Many people answer “yes” and “no,” respectively. The aim of partially aggregative moral views is to capture and justify combinations of intuitions like these. In this article, I develop a risk-based reductio argument that shows that there can be no adequate partially aggregative view. (...) I then argue that the only plausible response to this reductio is to accept a fully aggregative view. (shrink)

The aim of this paper is to examine the extent to which Kant’s Critique of the Power of Judgment can be, or otherwise ought to be, regarded as a transcendental phenomenology of hope. Kant states repeatedly that CPoJ mediates between the first two Critiques, or between the theoretical knowledge we arrive at on the basis of understanding and reason’s foundational role for practical philosophy. In other words, exercising the power of judgment is implicated whenever we try to bring together the (...) ethical issue of strictly determining our actions on the one hand and the necessity to act in the physical world on the other. We will argue that this mediating function is properly understood only if the ideations produced by self-understanding are characterized as objects of rationally required hope or fear. (shrink)

This book presents a comprehensive analysis of Kant’s justification of the categorical imperative. The book contests the standard interpretation of Kant’s views by arguing that he never abandoned his view about this as expressed in his Groundwork. It is distinctive in the way in which it places Kant’s argument in the context of his transcendental philosophy as a whole, which is essential to understand it as an argument from within human agential self-understanding. The book reviews that existing literature, then presents (...) a logical construction of Kant’s argument, which it defends by examining what Kant has to say about synthetic a priori practical propositions in the context of his transcendental philosophy as a whole, and by a detailed examination of how he presents his argument in the Second Critique and the Groundwork. Particular attention is given to the views of two scholars who share many of the views expressed in this book: Klaus Steigleder and Michael Wolff. Special attention is also given to the views of Owen Ware, who, while sharing many of our arguments has a very different overall view. The concluding chapter provides a statement about the validity of Kant’s argument. (shrink)

Christine Korsgaard claims that Gewirth’s argument for morality fails to demonstrate that there is a categorically binding principle on action because it operates with the assumption that reasons for action are essentially private. This attribution is unfounded and Korsgaard’s own argument for moral obligation, in its appeal to Wittgenstein’s Private Language Argument to establish that reasons for action are essentially public, is misdirected and unnecessary. Gewirth’s attempt to demonstrate a strictly a priori connection between a moral principle and the concept (...) of being an agent as such is essentially Kantian, and recognizing that the Principle of Hypothetical Imperatives is categorically binding requires Kantians to accept that Gewirth’s Principle of Generic Consistency is the supreme practical principle. (shrink)

For several decades, there has been a debate in the philosophical literature concerning whether those of us who live in developed countries are morally required to give some of our money to aid agencies. Many contributors to this debate have apparently taken it that one may simply assume that the effects of the work such agencies do are overwhelmingly positive. If one turns to the literature on such agencies that has emerged in recent decades, however, one finds a number of (...) concerns about such agencies and the work they do that put that assumption in serious doubt. This situation raises a number of pressing questions, many of which have received little or no attention from philosophers. After articulating a number of those questions, I focus mainly on what I call the ‘Epistemic Question (for potential contributors to aid agencies)’: How can those of us who are not experts in international aid arrive at an estimate concerning the effects of the work aid agencies do that we have at least some good reason to believe accurate? (shrink)

(2006). John Gray and the Political Theory of Modus Vivendi. Critical Review of International Social and Political Philosophy: Vol. 9, The Political Theory of John Gray, pp. 155-169.

The passion of inequality exists in the discourse that binds people by their adhesion to the beliefs about the hierarchic distribution of positions in society. In this manner the differences that structure the (apparently) natural titles to be governed or to govern are put in a state of aggregation. The apparent naturalness of these titles masks a principle of equality, a necessary artifact that breaches the nature of the social bond. This article argues that despite the hegemonic pressure of inequality, (...) the situation of apprenticeship can contain events of emancipation. For this, the 'master' must articulate two complementary artifacts in his relation with his apprentice. First, he must occupy a posture of ignorance. Second, he must ascribe priority to the object to be known or listened to (the text, the words ...) in such a way that a connection is made between the intelligences that he is interrogating and, thus, that their equality is verified. (shrink)

This chapter contains sections titled: Introduction: The Elite and its ‘Other’ The Artifact as Subversive Necessity Teaching Practices and Equality Conclusions Notes References.

L'étude de l'élaboration historique du dogme du péché originel est propre à dissiper l'illusion qu'il descendrait le cours du temps : il le remonte en réalité. On l'observe en particulier dans la genèse de ce concept chez Augustin, en réponse à la doctrine manichéenne du mal: la rédemption du Christ reflue vers les origines de l'humanité pour dévoiler notre responsabilité de la faute sous le pardon divin qui la recouvre. Ce dogme fournit une clef de lecture de l'histoire, il montre (...) la présence active de l'amour et du pardon aux origines du temps, pour dénoncer et réprimer la violence des hommes ; il conteste l'inertie du temps par la profusion du pardon, il exprime un sens de l'existence, il enseigne une intelligence de la temporalité.Le cas du péché originel illustre le fonctionnement du dogme en général dans la culture, bien au-delà de la sphère de l'Église, son rôle à la fois révélateur, contestant et régulateur. Encore faut-il savoir interpréter les dogmes, à la façon des mythes fondateurs, c'est-à-dire en tant qu'ils relèvent d'une logique symbolique, d'un langage narratif. La contemporanéité du Concile de Trente et du style baroque illustre également l'inscription du dogme dans la culture: le foisonnement des ornementations périphériques ne doit pas détourner le regard du centre de l'architecture, qui est la figure du Christ.The study of the historical development of the dogma of original sin is enough to dissipate the illusion that it descended tbrough time : as a matter of fact it reascended. In particular we see this in the birth of the concept, in Augustine’s answer to the Manichaean doctrine of evil: the redemption of Christ flows back towards the origins of humanity to unveil our responsability for the fault, which is covered over by the divine pardon. This dogma gives a key for reading bistory. It shows the active presence of love and forgiveness from the beginning of time, which denounces and represses the violence of men. It contests the inertia of time by the profusion of forgiveness, it expresses a sense to existence, and it teaches an understanding of temporality.The case of original sin illustrates the functioning in culture of dogma in general, well beyond the spbere of the Cburch, and its role both as revealer, contestant, and regulator. But it is still necessary to know how to interpret dogmas, in the fashion of foundation myths, that is to, say in so far as they are based on a symbolic logic of a narrative language. Tbe contemporaneousness of the Concil of Trent and the baroque style equally show the inscription of dogma in culture: the multiplication of peripberal ornaments ougbt not to turn our look away from the center of the architecture, which is the figure of Christ. (shrink)

In Justice as Impartiality Brian Barry seeks to present ‘a universally valid case in favour of liberal egalitarian principles’. It is an ambitious enterprise undertaken with originality, vigour, and wit; and containing a wealth of interesting argumentation. If, ultimately, Barry fails in the task he sets himself, as I shall argue he does, the attempt is none the less highly instructive; not only because of the many local successes in his arguments with proponents of alternative theories and his often illuminating (...) discussions of particular issues, but also because of the lessons to be learnt from his failure. For if even Barry's formidable defence of a contractualist, neutralist liberalism does not succeed then there may be good reason to think that none will. While this larger claim will not be fully justified here, and the case against justice as impartiality does not depend upon it, one of my deeper motivating concerns is to try to show that the most important failures in Barry's argument are inextricably bound up with the nature of his undertaking. We are concerned, I believe, not just with some inevitable imperfections of execution but with a flawed project. (shrink)

It is argued that accepting that there are human rights, or that there are categorically binding requirements of any kind on action, logically requires accepting the PGC (Principle of Generic Consistency) as the supreme criterion of practical reasonableness.Consequently, all legal systems that recognise human rights (hence, the English legal system), all who view law as a matter of obligation, and all who consider that there are categorically binding requirements on action, must take the PGC to be a necessary criterion of (...) legal validity. Conventions on human rights must, as conventions on human rights, be interpreted to conform with the PGC. (shrink)

Functionalism about truth is the view that truth is an explanatorily significant but multiply-realizable property. According to this view the properties that realize truth vary from domain to domain, but the property of truth is a single, higher-order, domain insensitive property. We argue that this view faces a challenge similar to the one that Jaegwon Kim laid out for the multiple realization thesis. The challenge is that the higher-order property of truth is equivalent to an explanatorily idle disjunction of its (...) realization bases. This consequence undermines the alethic functionalists’ non-deflationary ambitions. A plausible response to Kim’s argument fails to carry over to alethic functionalism on account of significant differences between alethic functionalism and psychological functionalism. Lynch’s revised view in his book Truth as One and Many ( 2009 ) fails to answer our challenge. The upshot is that, while mental functionalism may survive Kim’s argument, it mortally wounds functionalism about truth. (shrink)

Is there any number of people you should save from paralysis rather than saving one person from death? Is there any number of people you should save from a migraine rather than saving one person from death? Many people answer ‘yes’ and ‘no’, respectively. The aim of partially aggregative moral views is to capture and justify combinations of intuitions like these. These views contrast with fully aggregative moral views, which imply that the answer to both questions is ‘yes’, and with (...) non-aggregative moral views, which imply that the answer to both questions is ‘no’. In this paper, I review the most natural and influential ways of developing partially aggregative views and explain the main problems they face. (shrink)

After MacIntyre contains original essays by leading moral and political philosophers who assess both the merits and limitations of Alasdair MacIntyre's work. Among the themes explored here are MacIntyre's historical arguments about the sources of the failure of modernity; the validity and relevance of his attempt to reinstate the ideas of Aristotle and Aquinas as central to any satisfactory moral understanding; the effectiveness of his critique of modern liberalism; and the adequacy of key concepts, such as tradition and practice, in (...) his analyses and arguments. In addition, MacIntyre responds in a substantial essay to the issues raised by the other contributors. (shrink)

Some scientists suggest that it might be possible to reflect a portion of incoming sunlight back into space to reduce climate change and its impacts. Others argue that such solar radiation management (SRM) geoengineering is inherently incompatible with democracy. In this article, we reject this incompatibility argument. First, we counterargue that technologies such as SRM lack innate political characteristics and predetermined social effects, and that democracy need not be deliberative to serve as a standard for governance. We then rebut each (...) of the argument’s core claims, countering that (1) democratic institutions are sufficiently resilient to manage SRM, (2) opting out of governance decisions is not a fundamental democratic right, (3) SRM may not require an undue degree of technocracy, and (4) its implementation may not concentrate power and promote authoritarianism. Although we reject the incompatibility argument, we do not argue that SRM is necessarily, or even likely to be, democratic in practice. (shrink)

Horton and Gerrig outlined a memory-based processing model of conversational common ground that provided a description of how speakers could both strategically and automatically gain access to information about others through domain-general memory processes acting over ordinary memory traces. In this article, we revisit this account, reviewing empirical findings that address aspects of this memory-based model. In doing so, we also take the opportunity to clarify what we believe this approach implies about the cognitive psychology of common ground, and (...) just as important, what it does not imply. We also highlight related areas of research demonstrating how general cognitive processes can constrain access to relevant knowledge in ways that shape both language production and comprehension. (shrink)

On the premise that ‘morality’ refers to a system of rules governed by a material categorical imperative, I argue that the sources thesis of legal positivism (and, consequently, its separation thesis) is untenable. This is because it portrays legal obligations as hypothetical imperatives, which they cannot be if a material categorical imperative exists. Legal systems lay down obligation-asserting rules; but any rules are necessarily invalid if they require behaviour contrary to a material categorical imperative. Because the sources thesis attests otherwise, (...) legal positivism presupposes, minimally, that a material categorical imperative cannot be known to exist. I argue, however, that human agents cannot coherently question that a material categorical imperative exists. By definition, they necessarily adopt hypothetical imperatives. But understanding the concept of a hypothetical imperative requires the concept of a categorical imperative to be understood, and understanding having the concept of a categorical imperative postulates that there can be only one categorical imperative, that it exists, and that it is Alan Gewirth’s Principle of Generic Consistency (PGC). This argument only fails if the concept of a categorical imperative is incoherent. In all of this, I follow Kant, except about the material content of the categorical imperative and the nature of free will. (shrink)

Over the last few decades, psychologists have amassed a great deal of evidence that our thinking is strongly influenced by a number of biases. This research appears to have important implications for moral methodology. It seems likely that these biases affect our thinking about moral issues, and a fuller awareness of them might help us to find ways to counteract their influence, and so to improve our moral thinking. And yet there is little or no reference to such biases in (...) the philosophical literature on many pressing, substantive moral questions. In this paper, I make a start on repairing this omission in relation to one such question, the 'Aid Question', which concerns how much, if anything, we are morally required to give to aid agencies. I begin by sketching a number of biases that seem particularly likely to affect our thinking about that question. I then go on to review the psychological research on 'debiasing' - that is, on attempts to counteract the influence of such biases. And finally I discuss and illustrate certain strategies for counteracting the influence of the biases in question on our thinking about the Aid Question. (shrink)