Since the introduction of a new criterion for determining death (i.e., the brain death criterion) in 1968, the research community has been embroiled in debates about whether this criterion should b...

A cross-cultural survey experiment revealed a dominant tendency to rely on a rule’s letter over its spirit when deciding which behaviors violate the rule. This tendency varied markedly across (k = 15) countries, owing to variation in the impact of moral appraisals on judgments of rule violation. Compared with laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether and consequently exhibited stronger textualist tendencies. Finally, we evaluated a plausible mechanism for the emergence of textualism: (...) in a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (total n = 5,794) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers, and judges. (shrink)

A cross-cultural survey experiment revealed a widespread tendency to rely on a rule’s letter over its spirit when deciding which acts violate the rule. This tendency’s strength varied markedly across (k = 15) field sites, owing to cultural variation in the impact of moral appraisals on judgments of rule violation. Compared to laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether, and consequently exhibited more pronounced textualist tendencies. Finally, we evaluated a plausible mechanism for (...) the emergence of textualism: In a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (Ntotal = 5495) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an easily identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers and judges. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

Some philosophers have claimed that pleasures and pains are characterized by their particular or . Most contemporary writers reject this view: they hold that hedonic states have nothing in common except being liked or disliked (alternatively: pursued or avoided) for their own sake. In this article, I argue that the hedonic tone view has been dismissed too quickly: there is no clear introspective or scientific evidence that pleasures do not share a phenomenal quality. I also argue that analysing hedonic states (...) in terms of liking or wanting is implausible. If it is correct that pleasures and pains are not united by any particular hedonic tone, we should instead simply conclude that there are several different hedonic tones. This pluralistic understanding of the hedonic tone view has generally been overlooked in the literature, but appears to be fairly plausible as a philosophical account of pleasure and pain. (shrink)

The new series of 'Studies on Ethics and Science' complements the Yearbook for Ethics and Science edited since 1995 by the Institute for Science and Ethics in Bonn and published by de Gruyter. The monographs and collected volumes in the series cover the same subjects as the Yearbook, namely outstanding and innovative contributions to the investigation of ethical questions connected with modern science and its development. Particular interest is directed towards ethical questions in medicine and the biological sciences.

Logic is widely held to be a normative discipline. Various claims have been offered in support of this view, but they all revolve around the idea that logic is concerned with how one ought to reason. I argue that most of these claims—while perhaps correct—only entail that logic is normative in a way that many, if not all, intellectual disciplines are normative. I also identify some claims whose correctness would make logic normative in a way that sets it apart from (...) other disciplines. I argue that we have no reason think that these claims are correct. In other words, logic is not a distinctively normative discipline. (shrink)

Philosophers have long debated whether, if determinism is true, we should hold people morally responsible for their actions since in a deterministic universe, people are arguably not the ultimate source of their actions nor could they have done otherwise if initial conditions and the laws of nature are held fixed. To reveal how non-philosophers ordinarily reason about the conditions for free will, we conducted a cross-cultural and cross-linguistic survey (N = 5,268) spanning twenty countries and sixteen languages. Overall, participants tended (...) to ascribe moral responsibility whether the perpetrator lacked sourcehood or alternate possibilities. However, for American, European, and Middle Eastern participants, being the ultimate source of one’s actions promoted perceptions of free will and control as well as ascriptions of blame and punishment. By contrast, being the source of one’s actions was not particularly salient to Asian participants. Finally, across cultures, participants exhibiting greater cognitive reflection were more likely to view free will as incompatible with causal determinism. We discuss these findings in light of documented cultural differences in the tendency toward dispositional versus situational attributions. (shrink)

Though corporate social responsibility (CSR) is on the agenda of most major corporations, corporate executives still largely support the view that corporations should maximize the returns to their owners. There are two lines of defence for this position. One is the Friedmanian view that maximizing owner returns is the social responsibility of corporations. The other is a position voiced by many executives, that CSR and profits go together. This article argues that the first position is ethically untenable, while the latter (...) is not supported by empirical evidence. The implication is that there may be good reason for firms to deviate from a maxim of profit maximization. (shrink)

A plethora of ethical issues in livestock agriculture has emerged to public attention in recent decades, of which environmental and animal welfare concerns are but two, albeit prominent, themes. For livestock agriculture to be considered sustainable, somehow these interconnected themes need to be addressed. Ethical debate on these issues has been extensive, but mostly started from and focused on single issues. The views of farmers in these debates have been largely absent, or merely figured as interests, instead of being considered (...) morally worthwhile themselves. In this paper the relevance for ethical debates of the ways farmers discuss and engage with moral concerns is explored. The variety of norms that figure in contemporary farming practices is sketched in its multifarious complexity, illustrated by ethnographic fieldwork, and systematized in terms of “orders of worth.” Reviewing the practical arguments and commitments of farmers within this framework reveals that farming practices are subject to mixed motives, in which an amalgam of types of concerns play a role. Recognition of the peculiarly entangled nature of the ethics of farming practices could counter the tendency in policy making, technological innovation, and ethical thought to compartmentalize our moral landscape. Understanding farming practice as the integration of a mosaic of concerns in the light of a variety of moral experiences would foster public appreciation of positions of farmers in debates on improving the sustainability and societal acceptability of livestock agriculture. (shrink)

The ethics of corruption cannot be analysed without simultaneously addressing the legitimacy of public office or entrusted power. This paper introduces a concept of core unethical corruption, defined as violations of distributed ethical obligations for private gain. In other words, it is suggested that what is ethically wrong with corruption is that it entails the violation of certain obligations attributed to agents. By explicitly relating corruption to obligations, this approach helps make ethical sense of the concepts of public office or (...) entrusted power, attending to the question of their legitimacy. Since distributed obligations are implied by a wide range of ethical theories, the concept of core unethical corruption also reflects a (partial) overlapping consensus on the ethics of corruption. (shrink)

A central tenet of contemporary moral psychology is that people typically reject active forms of utilitarian sacrifice. Yet, evidence for secularization and declining empathic concern in recent decades suggests the possibility of systematic change in this attitude. In the present study, we employ hypothetical dilemmas to investigate whether judgments of utilitarian sacrifice are becoming more permissive over time. In a cross-sectional design, age negatively predicted utilitarian moral judgment (Study 1). To examine whether this pattern reflected processes of maturation, we asked (...) a panel to re-evaluate several moral dilemmas after an eight-year interval but observed no overall change (Study 2). In contrast, a more recent age-matched sample revealed greater endorsement of utilitarian sacrifice in a time-lag design (Study 3). Taken together, these results suggest that today’s younger cohorts increasingly endorse a utilitarian resolution of sacrificial moral dilemmas. (shrink)

There is a move towards more use of engagement strategies in responsible investment. This change in strategies is motivated by a number of claims about the effectiveness of engagement versus exclusion of companies from the investment universe. This paper examines the basis for three central claims: That engagement, in contrast to exclusion, does not reduce the investment universe; That exclusion reduces an investor's influence on a company; and That engagement with exclusion is necessarily a more effective means of influencing companies (...) than pure exclusion. All three claims are argued to be open to challenge. It is possible that the move towards more engagement reflects bureaucratic incentives and political considerations among institutional investors, rather than arguments about the effectiveness and efficiency of engagement. (shrink)

Ever since I first saw a dance performance I have wondered why it is that I am sometimes fascinated and touched by some people moving about on a stage, while at other times it leaves me completely indifferent. I will argue that an answer to this question has to be searched for in the way sensory stimuli are processed in the brain. After all, all our actions, perceptions and feelings are mediated and controlled by the brain. The thoughts and feelings (...) evoked by a dance performance are no exception and thus they too have a neural substrate in the brain. (shrink)

In his paper “The challenge of brain death for the sanctity of life ethic”, Peter Singer advocates two options for dealing with death criteria in a way that is compatible with efficient organ transplantation policy. He suggests that we should either redefine death as cortical death or go back to the old cardiopulmonary criterion and scrap the Dead Donor Rule. We welcome Singer’s line of argument but raise some concerns about the practicability of the two alternatives advocated by him. We (...) propose adding a third alternative that also – as the two previous alternatives – preserves and extends the possibility of organ transplantation without using anyone without their consent. Namely, we would like to draw readers’ attention to a proposal by Robert Veatch, formulated 42 years ago in his 1976 book “Death, dying, and the biological revolution” and developed further in his later publications. Veatch argues for a conscience clause for the definition of death that would permit people to pick from a reasonable range of definitional options. This autonomy-based option, we believe, is more likely to be practicable than the two options advocated by Singer. Furthermore, we present data from a study with Lithuanian participants that suggest that there is quite pronounced variation of preferences concerning death determination. (shrink)

This article is the editors’ introduction to the transcript of a lecture that Harold Garfinkel delivered to a seminar in 1993. Garfinkel extensively discusses the relevance of Aron Gurwitsch’s phenomenological treatment of Gestalt theory for ethnomethodology. Garfinkel uses the term “misreading” to signal a respecification of Gurwitsch’s phenomenological investigations, and particularly his conceptions of contextures, functional significations, and phenomenal fields, so that they become compatible with detailed observations and descriptions of social actions and interactions performed in situ. Garfinkel begins with (...) Gurwitsch’s demonstrations with line drawings and other abstract examples, and suggests how they can be used to suggest original procedures for investigating the vicissitudes of embodied practical actions in the lifeworld. This introduction to the lecture aims to provide some background on the scope of Gurwitsch’s phenomenological critique and elaboration of Gestalt theory and Garfinkel’s “misreading” of it in terms of his own conceptions of indexicality and accountability, and ethnomethodological investigations of the production of social order. (shrink)

Das Werk "Metaphysicae systema methodicum" des Steinfurter Gymnasialprofessors Clemens Timpler (1563/64-1618) war, als es 1604 erstmals erschien, das erste Lehrbuch der Metaphysik aus protestantischer Feder und schon damit vor allem in Form und Stil, aber auch dem Inhalt nach wegweisend für die gesamte deutsche Schulphilosophie. Fest verwurzelt in der Tradition des Aristoteles und seiner thomistischen Auslegung und in stetem Bezug auf Suarez' seinerzeit gerade erschienene "Disputationes metaphysicae", entwickelt Timpler eine Lehre von erstaunlicher Eigenständigkeit, die akademisch umfassend rezipiert und intensiv (...) diskutiert wurde. Es ist davon auszugehen, dass sie auch Wolff nicht unbekannt gewesen sein wird, insbesondere wenn man etwa Timplers Bestimmungen der Philosophie und der Metaphysik, der Modalitäten und der Willensfreiheit betrachtet. The Metaphysicae systema methodicum by the Steinfurt professor Clemens Timpler (1563/4-1618) was, when it first appeared in 1604, the first textbook of metaphysics by a Protestant author, and was thus already a groundbreaking work of German academic philosophy, primarily in form and style but also in content. Firmly rooted in the tradition of Aristotle and the thomistic interpretation of his works, and making constant reference to Suarez’s recently-published Disputationes metaphysicae, Timpler developed a theory of astonishing originality, which was widely absorbed and intensively discussed in academic circles. It follows that the work would not have been unknown to Wolff, especially in view of Timpler’s designations of philosophy and metaphysics, modalities and freedom of will. (shrink)

Love, hate, slavery, torture, addiction and death - as this book shows, only psychoanalysis can speak well of such matters. Psychoanalysis was the most important intellectual development of the 20th century, which left no practice from psychiatry to philosophy to politics untouched. Yet it was also in many ways an untouchable project, caught between science and poetry, medicine and hermeneutics. This unsettled, unsettling status has recently induced the philosopher Alain Badiou to characterise psychoanalysis as an 'antiphilosophy', that is, as a (...) practice that issues the strongest possible challenges to thought. Justin Clemens takes up the challenge of this denomination here, by re-examining a series of crucial psychoanalytic themes: addiction, fanaticism, love, slavery and torture. Drawing from the work of Freud, Lacan, Badiou, Agamben and others, Psychoanalysis is an Antiphilosophy offers a radical reconstruction of the operations and import of key psychoanalytic concepts and a renewed sense of the indispensable powers of psychoanalysis for today. (shrink)

This article focuses on critical realist analysis of concrete processes of structure formation and realization of structural propensity. It aims to explain the reasons for the rise and fall of the neoliberal regime in Iceland that led to the extreme expansion of the Icelandic financial system and its crisis. The article argues that the neoliberal regime was actively constructed by economic and political actors within the framework of the particular structural characteristics of Iceland. It claims that rigid structural conditions due (...) to the very small size of the economy and severe problem of oligopoly undermined the neoliberal utopia of perfect market competition. In order to develop this argument, the paper observes how power elites actively affect public opinion and establish their hegemonic position in the political system. (shrink)

En el presente artículo nos proponemos describir la racionalidad subyacente a las estrategias de adaptación al cambio ambiental global de los agentes poderosos de la vitivinicultura en Mendoza, Argentina. En términos estrictamente físicos, el Cambio Ambiental Global se presenta como un aumento de las temperaturas promedio a nivel global, las repercusiones de este cambio serán diferentes según sea la zona geográfica del planeta que se considere. En el oasis norte de la Provincia de Mendoza se espera una reducción en los (...) caudales del Río que lo alimenta. Frente a esta situación, los actores poderosos de la vitivinicultura mendocina han optado por estrategias de adaptación tendientes a profundizar la racionalidad instrumental, característica de estos grupos, para hacer frente al cambio ambiental global: obtener aguas en mayor cantidad y calidad a través del traslado de sus explotaciones a zonas de montaña ubicadas aguas arriba del río y búsqueda de mercados internacionales, entre otras. (shrink)

Many prominent bioethicists have recently raised the question of the possibility of moral status enhancement. In this paper I discuss the arguments advanced by Nicholas Agar for the possible existence of the postpersons. I argue that in spite of the many limitations and shortcomings of Agar’s account, there are no conclusive reasons to rule out the possibility of moral status enhancement. However, if post-persons are as they are described by Agar, the fact of their possibility is less interesting and ethically (...) relevant than it might seem. Most importantly, the account of post-persons given by Agar is rather an outcome of some implausible assumptions. I propose that Agar conflates the ethical with the scientific and dismisses the importance of phenomenology in framing our ethical outlook. Also, he seems to follow the assumption made by many utilitarian ethicists that such features as sentience and cognitive capacities have some universal relevance. This accounts for the delusion that we can view our moral attitudes from the point of view of the Universe. (shrink)

D′ ⊆ D is a normal totality on a Scott domain D if it is upward closed and x ⊓ y ∈ D′ is an equivalence relation on D′. We prove that every topological space can be represented by a domain with norma totality.

John Rawls's claim to have demonstrated the superiority of his own two principles of justice to the principle of utility has generated fairly extensive critical discussion. However, this discussion has almost completely disregarded those of Rawls's arguments that are concerned with practicability, despite the significance accorded to them by Rawls himself. This article addresses the three most important of Rawls's objections against the practicability of utilitarianism: that utilitarianism would generate too much disagreement to be politically workable, that a utilitarian society (...) would be vulnerable to social instability, and that publicly adopting the principle of utility as the ultimate criterion of right and wrong would undermine the self-respect of some citizens. It is argued that Rawls's objections are either exaggerated or mistaken, and that this may have an impact on the assessment of `justice as fairness' as well as the utilitarian doctrine. Key Words: justice as fairness • feasibility • disagreement • stability • self-respect. (shrink)

Hallucinatory states are experienced not only in connection with drugs and psychopathologies but occur naturally and spontaneously across the human circadian cycle: Our nightly dreams bring multimodal experiences in the absence of adequate external stimuli. The current study proposes a new, tighter measure of these hallucinatory states: Sleep onset, REM sleep, and non-REM sleep are shown to differ with regard to motor imagery indicating interactions with a rich imaginative world, and cognitive agency that could enable sleepers to recognize their hallucinatory (...) state. Mentation reports from the different states were analysed quantitatively with regard to two grammatical–semantic constructs, motor agency and cognitive agency. The present results support earlier physiological and psychological evidence in revealing a decline in cognitive functions and an increase in simulated interactions with a hallucinatory world, en route to normal REM sleep. This leads us to introduce the hypothesis that REM sleep, which exhibits remarkably high levels of sensorimotor processes, may have evolved to serve as a virtual laboratory for the development and rehearsal of embodied cognition. The new measure of hallucinatory states presented here may also hold implications for the study of executive functions and cognitions, which might be interesting, for example, for the investigation of lucid dreaming. (shrink)

I present some problems for phenomenal (i.e. consciousness-based) accounts of personal identity and egoistic concern. These accounts typically rely on continuity in the capacity for consciousness to explain how we survive ordinary periods of unconsciousness such as dreamless sleep. I offer some thought experiments where continuity in the capacity for consciousness does not seem sufficient for survival and some where it does not seem necessary. There are ways of modifying the standard phenomenal approach so as to avoid these difficulties, but (...) I argue that they all lead to other problems that are no less serious. (shrink)