ABSTRACT Most theorists agree that our social order includes a distinctive legal dimension. A fundamental question is that of whether reference to specific legal phenomena always involves a commitment to a particular moral view. Whereas many philosophers advance the ‘positivist’ claim that any correspondence between morality and the law is just a function of political circumstance, natural law theorists insist that law is intrinsically moral. Each school claims the crucial advantage of consistency with our folk concept. Drawing on the notion (...) of dual character concepts, we develop a set of hypotheses about the intuitive relation between a rule’s moral and legal aspects. We then report a set of studies that conflict unexpectedly with the predictions by legal positivists. Intuitively, an evil rule is not a fully-fledged instance of law. (shrink)

How should we make choices when we know so little about our futures? L. A. Paul argues that we must view life decisions as choices to make discoveries about the nature of experience. Her account of transformative experience holds that part of the value of living authentically is to experience our lives and preferences in whatever ways they evolve.

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...) should be skeptical of Fuller's inner morality of law in light of the experimental data. (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)

Prescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, specifically, are rules in the eyes of their subjects, i.e., those who are expected to abide by them? Over the last sixty years, theorists in the philosophy of law have offered a useful framework with which to consider this question. Some, following H. L. A. Hart, argue that a rule’s text at least sometimes suffices to determine whether the rule itself covers a case. (...) Others, in the spirit of Lon Fuller, believe that there is no way to understand a rule without invoking its purpose — the benevolent ends which it is meant to advance. In this paper we ask whether people associate rules with their textual formulation or their underlying purpose. We find that both text and purpose guide people’s reasoning about the scope of a rule. Overall, a rule’s text more strongly contributed to rule infraction decisions than did its purpose. The balance of these considerations, however, varied across experimental conditions: In conditions favoring a spontaneous judgment, rule interpretation was affected by moral purposes, whereas analytic conditions resulted in a greater adherence to textual interpretations. In sum, our findings suggest that the philosophical debate between textualism and purposivism partly reflects two broader approaches to normative reasoning that vary within and across individuals. Keywords: , the concept of law, rules, legal psychology, Hart, Fuller. (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 normative theorists appeal to the concept of basic needs. They argue that when it comes to issues such as global justice, intergenerational justice, human rights or sustainable development our first priority should be that everybody is able to meet these needs. But what are basic needs? We attempt to inform discussions about this question by gathering evidence of ordinary English speakers’ intuitions on the concept of basic needs. First, we defend our empirical approach to analyzing this concept and identify (...) a number of its potential features. Then we present three preregistered empirical studies that were conducted to investigate the extent to which ordinary speakers endorse these features. The studies yield convergent evidence for the following three claims: (1) ordinary speakers sometimes apply the concept of basic needs to necessities for a flourishing (not just a minimally decent) life, (2) most ordinary speakers attribute at least some degree of subjectivity to the concept, and (3) most ordinary speakers attribute at least some degree of relativity to the concept. We discuss the implications of these findings for philosophical analyses of _basic needs_. (shrink)

At the height of the Covid-19 pandemic, frontline medical professionals at intensive care units around the world faced gruesome decisions about how to ration life-saving medical resources. These events provided a unique lens through which to understand how the public reasons about real-world dilemmas involving trade-offs between human lives. In three studies (total N = 2298), we examined people’s moral attitudes toward the triage of acute coronavirus patients, and found elevated support for utilitarian triage policies. These utilitarian tendencies did not (...) stem from period change in moral attitudes relative to pre-pandemic levels–but rather, from the heightened realism of triage dilemmas. Participants favoured utilitarian resolutions of critical care dilemmas when compared to structurally analogous, non-medical dilemmas–and such support was rooted in prosocial dispositions, including empathy and impartial beneficence. Finally, despite abundant evidence of political polarisation surrounding Covid-19, moral views about critical care triage differed modestly, if at all, between liberals and conservatives. Taken together, our findings highlight people’s robust support for utilitarian measures in the face of a global public health threat, and illustrate how the dominant methods in moral psychology (e.g. trolley cases) may deliver insights that do not generalise to real-world moral dilemmas. (shrink)

This article represents an attempt to organize, critique, and extend research findings on gender differences in business ethics. The focus is on two dependent variables—ethical judgment and behavioral intent. Differences in findings between student and professional groups are noted and theoretical implications are discussed. The new research provided for this article contains two benchmark studies undertaken with identical stimuli and identical measures. These studies were followed by two additional studies, using the same measures but different stimuli, as a partial replication (...) and extension of the first two. Findings suggest that little difference exists between the genders on behavioral intent for professional groups and only minimal differences for the ethical judgment measures. Student results, however, produced more substantial differences for behavioral intention. (shrink)

I argue for a property mereology and for mereological bundle theory. I then apply this theory to the one over many problem (universals) and puzzles concerning persistence and material constitution.

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)

This book develops a grammatical method for our underlying presuppositions which can help us unravel the problem of evil. The problem essentially rests on a dualism between fact and meaning. 'Evil and Intelligibility' provides an examination of the grammar of being and of the intelligibility of the world, culminating in a philosophical grammar in which God, meaning, and evil can coexist.

Across three studies, the authors examine the interactive effects of moral identity and the negative reciprocity norm in predicting revenge. The general argument is that moral identity provides the motivational impetus for individuals’ responses, whereas the normative framework that people adopt as a basis for guiding moral action influences the direction of the response. Results indicated that moral identity and the negative reciprocity norm significantly interacted to predict revenge. More specifically, the symbolization dimension of moral identity interacted with the negative (...) reciprocity norm to predict revenge when individuals were the targets of mistreatment, whereas the internalization dimension of moral identity interacted with the negative reciprocity norm to predict revenge when individuals were the observers of mistreatment. Theoretical implications related to the differences between the symbolization and internalization dimensions of moral identity, the importance of examining normative frameworks, and the functionality of revenge are discussed. (shrink)

Recent years have seen recurring episodes of tension between proponents of freedom of speech and advocates of the disenfranchised. Recent survey research attests to the ideological division in attitudes toward free speech, whereby conservatives report greater support for free speech than progressives do. Intrigued by the question of whether “canceling” is indeed a uniquely progressive tendency, we conducted a vignette-based experiment examining judgments of offensiveness among progressives and conservatives. Contrary to the dominant portrayal of progressives and conservatives, our study documented (...) ideological symmetry in their evaluations of offensive speech. When faced with utterances whose content matters to them, both conservatives and progressives viewed outgroup speakers as more offensive than ingroup speakers. A second contribution of this chapter is to provide a deeper understanding of the cognitive mechanism implicated in evaluating outgroup speech as more offensive than ingroup speech. Our results suggest that perception of offensiveness is mediated by ascriptions of intent: we tend to attribute negative intent to the speaker whenever we deem their utterances to be offensive, even against the explicitly stated speaker’s background attitudes. (shrink)

Despite the numerous benefits associated with forgiveness, many individuals find it difficult to forgive. This is especially true in organizations, where forgiveness is rare and can be under-valued. Across two studies, we explore how to facilitate forgiveness within organizational contexts and in the aftermath of workplace unfairness. We examine whether individuals can reduce the “injustice gap” that can be created by violations and enhance forgiveness through expressive writing interventions—guided writing techniques that can be self-administered. Participants wrote about their reactions to (...) a fictional scenario or an actual workplace experience. Results indicate that expressive writing was associated with higher reported perceived resolution. Whereas negative emotions mediated this relationship in Study 1, positive emotions and perceived injustice mediated this relationship in Study 2. Perceived resolution also mediated the relationship between expressive writing and forgiveness. Theoretical, methodological, and practical implications are discussed. (shrink)

This lavishly illustrated book establishes the towering influence of the scientist Victor Regnault in the earliest decades of photography, a period of experimentation ripe with artistic, commercial, and scientific possibility. Regnault has a double significance to the early history of photography, as the first leader of the Société Française de Photographie and as the maker of more than two hundred calotype portraits and landscapes. His photographic and scientific careers intersected a third field with his appointment in 1852 as director of (...) the Sèvres porcelain works. Readers are treated to Regnault's own beguiling pastoral, garden, and forest scenes; striking portraits of the scientists and artists in his circle of friends; quirky images of acoustic experiments; and an insider's view of the Sèvres porcelain works. Regnault's richly varied photographs also encompass perhaps the most extensive group of family portraits in early photography, and his romanticized landscapes reflect a moment when the rural outskirts of Paris were being aggressively suburbanized and industrialized. Occupying a unique and powerful position in the overlapping spheres of photography, science, industry, and art, Regnault was elected president of the newly formed S.F.P. in 1855. By examining his intertwined activities against the backdrop of French photography's nascent pursuit of institutional legitimacy, this book illuminates an important and overlooked body of images and the irregular cultural terrain of early photography. (shrink)

Figuring prominently in their decisions regarding which theories to pursue are scientists' appeals to the promise or lack of promise of those theories. Yet philosophy of science has had little to say about how one is to assess theory promise. This essay identifies several indices that might be consulted to determine whether or not a theory is promising and worthy of pursuit. Various historical examples of appeals to such indices are introduced.

Background Contemporary societies are rife with moral disagreement, resulting in recalcitrant disputes on matters of public policy. In the context of ongoing bioethical controversies, are uncompromising attitudes rooted in beliefs about the nature of moral truth?Methods To answer this question, we conducted both exploratory and confirmatory studies, with both a convenience and a nationally representative sample (total N = 1501), investigating the link between people’s beliefs about moral truth (their metaethics) and their beliefs about moral value (their normative ethics).Results Across (...) various bioethical issues (e.g., medically-assisted death, vaccine hesitancy, surrogacy, mandatory organ conscription, or genetically modified crops), consequentialist attitudes were associated with weaker beliefs in an objective moral truth. This association was not explained by domain-general reflectivity, theism, personality, normative uncertainty, or subjective knowledge.Conclusions We find a robust link between the way people characterize prescriptive disagreements and their sensibility to consequences. In addition, both societal consensus and personal conviction contribute to objectivist beliefs, but these effects appear to be asymmetric, i.e., stronger for opposition than for approval. (shrink)

Drawing on diverse historical cases, this paper describes and examines various aspects of a modality of scientific appraisal which has remained largely unexplored, theory pursuit. Specifically, it addresses the following issues: the epistemic and pragmatic commitments involved in theory pursuit, including how these differ from those characteristic of theory acceptance; how the research interests of scientists enter into their pursuit decisions; some of the strategies for the refinement and extension of a theory's empirical abilities which typify theory pursuit; and the (...) need to distinguish between individual and community rationality in contexts of pursuit. (shrink)

Conservatives and liberals disagree sharply on matters of morality and public policy. We propose a novel account of the psychological basis of these differences. Specifically, we find that conservatives tend to emphasize the intrinsic value of actions during moral judgment, in part by mentally simulating themselves performing those actions, while liberals instead emphasize the value of the expected outcomes of the action. We then demonstrate that a structural emphasis on actions is linked to the condemnation of victimless crimes, a distinctive (...) feature of conservative morality. Next, we find that the conservative and liberal structural approaches to moral judgment are associated with their corresponding patterns of reliance on distinct moral foundations. In addition, the structural approach uniquely predicts that conservatives will be more opposed to harm in circumstances like the well-known trolley problem, a result which we replicate. Finally, we show that the structural approaches of conservatives and liberals are partly linked to underlying cognitive styles. Collectively, these findings forge a link between two important yet previously independent lines of research in political psychology: cognitive style and moral foundations theory. (shrink)

Historically, empirical research in bioethics has drawn on methods developed within the social sciences, including qualitative interviews, focus groups, ethnographic studies, and opinion surveys, t...

Hastings Center Report, Volume 52, Issue 2, Page 7-9, March‐April 2022.

Critical ethical questions arise concerning whether studies among adolescents of new behavioral and biomedical HIV preventive interventions such as Pre-Exposure Prophylaxis should obtain parental permission. This paper examines the relevant regulations and ethical guidance concerning waivers of parental permission, and arguments for and against such waivers. Opponents of such waivers may argue that adolescent decision-making is “too immature” and that parents always have rights to decide how to protect their children. Yet requiring parental permission may put adolescents at risk, and/or (...) limit adolescent participation, jeopardizing study findings’ validity. This paper presents recommendations on when researchers and Institutional Review Boards should waive parental permission, and what special protections should be adopted for adolescents who consent for themselves, e.g., assuring adolescent privacy and confidentiality, screening for capacity to consent, and identifying adolescents who are at elevated risk from study participation. We also present a series of specific areas for future research to design tools to help make these assessments, and to inform researcher and IRB decisions. These recommendations can help ensure that research is conducted that can aid adolescents at risk for HIV, while minimizing risks and protecting these individuals' rights as much as possible. (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)

This article explores and compares cross-gender interactions of first and third graders in one child care center. Three prevalent forms of interaction are discussed: teasing, disputing, and playing. The author argues that these three forms of interaction are related to the use of space: Teasing often occurs when space is constricted, disputing is often the result of invaded space, and playing requires shared space and varying levels of cooperation. By focusing on the relationship between space and interaction, important power asymmetries (...) appear. Since boys are more likely to initiate invasions and more likely to determine the rules and terms of the play, they maintain a greater amount of power and control. (shrink)

In this paper we develop test cases to adjudicate between dual-process and the causal mapping explanations of order effects. Using dilemmas with minimized emotional force, we explore new conditions for order effects to occur. Overall, the results support causal model theory. We produced novel evidence that order effects extend not only to cases with low emotional engagement, but also to specialized judgments about whether an action violates a rule. However, when objects are sacrificed instead of persons the order effect either (...) disappears or becomes symmetrical, contrary to previous theorizing that it is an asymmetrical transfer effect. Causal model theory needs to be developed to include interplays between the moral status of sacrificed entities and computational models of causal mapping. Symmetric order effects remain a puzzle, motivating future research. Though we do not know how to explain them yet, we discuss how symmetric order effects can influence policy decision making. (shrink)

At the height of the Covid-19 pandemic, frontline medical professionals at intensive care units around the world faced gruesome decisions about how to ration life-saving medical resources. These events provided a unique lens through which to understand how the public reasons about real-world dilemmas involving trade-offs between human lives. In three studies (total N = 2298), we examined people’s moral attitudes toward triage of acute coronavirus patients, and found elevated support for utilitarian triage policies. These utilitarian tendencies did not stem (...) from period change in moral attitudes relative to pre-pandemic levels--but rather, from the heightened realism of triage dilemmas. Participants favored utilitarian resolutions of critical care dilemmas when compared to structurally analogous, non-medical dilemmas—and such support was rooted in prosocial dispositions, including empathy and impartial beneficence. Finally, despite abundant evidence of political polarization surrounding Covid-19, moral views about critical care triage differed modestly, if at all, between liberals and conservatives. Taken together, our findings highlight people’s robust support for utilitarian measures in the face of a global public health threat, and illustrate how hypothetical scenarios in moral psychology (e.g. trolley cases) should strive for more experiential and psychological realism, otherwise their results might not generalize to real-world moral dilemmas. (shrink)

The paper discusses three talks, which were given at the meetings of the Philosophical Society of Berlin (Philosophische Gesellschaft zu Berlin) in the mid-1870s. In these talks, the principles of some main movements in contemporary philosophy (realism, absolute idealism, critical idealism) were elaborated and contrasted to each other. The paper focuses on the concepts of real-idealism and ideal-realism. All the discussants, Friedrich Frederichs, C. L. Michelet and J. H. von Kirchmann, introduce these concepts. Frederichs, an adherent of critical idealism, argues (...) only for the standpoint of real-idealism. Michelet, G. W. F. Hegel’s personal student and an adherent of absolute idealism, takes real-idealism and ideal-realism to be the two sides of the one coin. Kirchmann, an advocate of realism, regards real-idealism as an objective, and he is skeptical about the possibility to achieve it. (shrink)

This study considers two problems: the extent to which feminist opinions are distinct from feminist identity and the generalizability of these separate constructs across gender and time. Using pooled cross-sectional data from the six National Election Study surveys conducted from 1972 through 1992, the author employs a series of measurement and structural equation models to evaluate the validity and reliability of various feminist orientations and to estimate the relationships among feminist identity, feminist opinion, and individual characteristics associated with feminism. The (...) results indicate that identity and opinion are separate but related constructs. This configuration generalizes across women and men and two decades of American electoral history. (shrink)

Résumé Le système juridique afghan est formé de pratiques coutumières, de principes de la shari’a, de lois promulguées par l'état, et de normes internationales. Cet arsenal législatif a généralement été étudié en prêtant une attention particulière à la coexistence et/ou à la confrontation entre systèmes de référence différents, mais en négligeant le plus souvent les interrelations créées par la fusion de pratiques, de valeurs et de modèles comportementaux socialement reconnus. Dans cet article, j’essaierai de démontrer que les cours de justice (...) de Kaboul comportent un important rôle coutumier, dont l’objectif principal est celui de légitimer le travail des juges. L’analyse de la situation actuelle, éclairée par une recherche ethnographique menée à Kaboul à partir de 2005, s’appuie sur une rétrospective historique qui tient compte des importantes transformations politico-juridiques survenues au cours des 150 dernières années, marquées par de multiples réformes et par des changements tumultueux de régime. (shrink)

Résumé Le système juridique afghan est formé de pratiques coutumières, de principes de la shari’a, de lois promulguées par l'état, et de normes internationales. Cet arsenal législatif a généralement été étudié en prêtant une attention particulière à la coexistence et/ou à la confrontation entre systèmes de référence différents, mais en négligeant le plus souvent les interrelations créées par la fusion de pratiques, de valeurs et de modèles comportementaux socialement reconnus. Dans cet article, j’essaierai de démontrer que les cours de justice (...) de Kaboul comportent un important rôle coutumier, dont l’objectif principal est celui de légitimer le travail des juges. L’analyse de la situation actuelle, éclairée par une recherche ethnographique menée à Kaboul à partir de 2005, s’appuie sur une rétrospective historique qui tient compte des importantes transformations politico-juridiques survenues au cours des 150 dernières années, marquées par de multiples réformes et par des changements tumultueux de régime. (shrink)

Outside Western, predominantly secular‐liberal environments, norms restricting bodily and sexual conduct are widespread. Moralization in the so‐called purity domain has been treated as evidence that some putative violations are victimless. However, respondents themselves disagree: They often report that private yet indecent acts incur self‐harm, or harm to one's family and the wider community—a result which we replicate in Study 1. We then distinguish two cognitive processes that could generate a link between harmfulness and immorality, and recreate them in Studies 2 (...) and 3: Colombian and British participants were randomly assigned to either reflect (decide whether acts are harmful and reconsider their initial moral judgments) or rationalize (decide whether acts are immoral and reconsider their initial harmfulness beliefs). In both countries, reflection promoted opposition to unjust, but not impure, behavior. Additionally, in both countries, ruminating on the moral status of impure acts elevated beliefs in the acts' harmfulness. We conclude by suggesting that rationalization aggravates, while reflection mitigates, intergroup disagreement regarding putative violations of purity and decency. (shrink)

The term ‘phenomenology’ has become almost as over-used and emptied of meaning as that other word from Continental Philosophy, namely ‘existentialism’. Yet Husserl, who first put forward the phenomenological method, considered it a rigorous alternative to positivism, and in the hands of Merleau-Ponty, a disciple of Husserl in France, phenomenology became a way of gaining a disciplined and coherent perspective on the world in which we live. When this study originally published in 1977 there were only a few books in (...) English on Merleau-Ponty’s philosophy. It introduced the reader and suggested how his thought might throw light on some of the assumptions and presuppositions of certain contemporary forms of Anglo-Saxon philosophy and social science. It also demonstrates how phenomenology seeks to unite philosophy and social science, rather than define them as mutually exclusive domains of knowledge. (shrink)

This essay engages the work of Italian feminist philosopher Adriana Cavarero and her concept of the narratable self. Her relational humanism, rooted in our exposure to others, offers an ontology of uniqueness whose critique of abstraction, masculinism, and identity politics still resonates today where the meaning of a unique “you” is negotiated in embodied exchanges that may offer care or wounds. Cavarero develops an altruistic ethics that cultivates this humanism. I argue that her work should be extended to better capture (...) the political purchase of the narratable self that interacts dynamically and often ambiguously with the “we” of collective politics. Putting her work into conversation with the nineteenth‐century abolitionist and women's rights advocate Sojourner Truth, I suggest that Cavarero's work illuminates Truth as a philosopher of the narratable self. Moreover, Truth's work extends Cavarero's concerns with exposure that may do violence or offer care by making explicit the challenges of narration in the context of inequality, especially in terms of race and class. Exposure as an ontological and phenomenological condition then needs to take account of a broader publicity of textual, individual, and collective exposure to others to develop the critical, ethical, and political purchase it offers. (shrink)