Background: Depressive disorder is one of the main health problems worldwide. Many risk factors have been associated with this pathology. However, while the association between risks factors and adult depression is well established, the mechanisms behind its impact remains poorly understood. A possible, yet untested explanation is the mediating impact of levels of personality functioning, i.e., impairments with regard to self and interpersonal.Method: Around 162 patients were assessed at the beginning of their therapy, with regard to risk factors, such as (...) sociodemographic, physical, hereditary, and adverse childhood experiences. Depressive symptoms and personality functioning were also measured. Associations between the related variables as well as other possible covariates were examined by means of zero-order correlations and bootstrapping-based mediation analysis.Results: Of all the risk factors taken into account, level of education and physical illness were associated with depression. On the other hand, the most significant predictor of depressive symptomatology was ACE, and this relationship was mediated by personality functioning. This indicates that patients presenting adverse childhood experiences are more likely to develop deficiencies in personality functioning, which in turn increases their likelihood of developing depressive symptomatology.Conclusion: These results reaffirm the importance of incorporating risk and vulnerability factors such as personality functioning in understanding depression. (shrink)

In this article we propose to carry out an examination of the notions of ‘other’ based on the philosophical proposals of Maurice Merleau-Ponty and Maurice Blanchot. It seeks to show the common point between both thoughts, from a proposal in which the other is understood as a dislocation, which manifests itself in the way of an opening. For this reason, the notion of opening becomes the central element of this analysis, from which the other manifests itself in an ambiguous way. (...) To this end, the proposals of both authors will be analyzed separately, however, highlighting and relating to each other their respective conceptions of opening and the implications they have regarding the question of the other. (shrink)

In the context of a global pandemic that started in 2020, the Chilean higher education institution Universidad Andrés Bello faced the challenge of giving continuity to its already established blended program for English courses while also starting the implementation of a high-stakes certification assessment for its students using the Test of English for International Communication Bridge. This study sought to evaluate how much of a mediating factor online teaching presence could be in the context of test preparation within a language (...) course in aspects related to autonomous learning and perceived learning outcomes. A mixed-methods approach was used. It included a survey applied to 1,642 eligible students of the English program. These quantitative data were complemented with students’ comments and teacher interviews. After triangulating quantitative and qualitative data, teaching presence was clearly perceived to be a relevant aspect of the online experience in the studied courses. However, both students’ and teachers’ voices evidenced pervasive challenges and tensions that hinder the potentially transformative benefits that online learning is expected to bring about. (shrink)

Forgiveness is clearly an important aspect of our moral lives, yet surprisingly Kant, one of the most important authors in the history of Western ethics, seems to have very little to say about it. Some authors explain this omission by noting that forgiveness sits uncomfortably in Kant’s moral thought: forgiveness seems to have an ineluctably ‘elective’ aspect which makes it to a certain extent arbitrary; thus it stands in tension with Kant’s claim that agents are autonomous beings, capable of determining (...) their own moral status through rational reflection and choice. Other authors recognise that forgiveness plays a role in Kant’s philosophy but fail to appreciate the nature of this duty and misrepresent the Kantian argument in support of it. This paper argues that there is space in Kant’s philosophy for a genuine theory of forgiveness and hopes to lay the grounds for a correct interpretation of this theory. I argue that from a Kantian perspective, forgiveness is not ‘elective’ but, at least in some cases, morally required. I claim that, for Kant, we have an imperfect duty of virtue to forgive repentant wrongdoers that have embarked on a project of self-reflection and self-reform. I develop a novel argument in support of this duty by drawing on Kant’s theory of rational agency, the thesis of radical evil, Kant’s theory of moral development, and the formula of humanity. However, it must be noted that this is a conditional duty and Kant’s position also entails that absence of repentance on the part of the wrongdoer should be taken as evidence of a lack of commitment to a project of self-reflection and self-reform. In such cases, Kant claims, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. I argue that this duty should be understood as one of the duties of self-esteem, which involves the duty to respect and recognise our own dignity as rational beings. (shrink)

Cancer is a chronic disease that causes the most deaths in the world, being a public health problem nowadays. Even though breast cancer affects the daily lives of patients, many women become resilient after the disease, decreasing the impact of the diagnosis. Based on a positive psychology approach, the concept of co-vitality arises understood as a set of socio-emotional competencies that enhance psychological adaptation. In this sense, emotional intelligence is one of the main protective factors associated with resilience. However, it (...) is not always as beneficial as it seems, and can lead to collateral effects on psychological adjustment. Given this controversy, this study aims to find the specific processes through which the dimensions of Perceived Emotional Intelligence can act as a risk or protective factor in the development of resilience. The total sample was 167 women, 46.7% were breast cancer survivors, and 53.3% were healthy controls. The selection of women with breast cancer carries out randomly, recruited through the Oncology Units. The sample completed measures of resilience and PEI, through Resilience Scale and TMMS-24. The results showed that breast cancer survivors showed higher age and greater levels of resilience and mood repair than healthy women. The mediation analysis revealed that breast cancer survival and PEI predicted 28% of the variance of resilience. The direct effects showed that emotional clarity and mood repair increased resilience levels. Although breast cancer did not predict resilience directly, it does through mood repair by an indirect process. Besides, the analysis showed that emotional attention played a role in vulnerability, decreasing mood repair, and resilience. These research support theories that point to a possible dark side of PEI, thus, a great level of emotional attention makes dark the positive effect of mood repair and personal growth if a clear perception of emotions does not complement it. These results provide empirical support concerning the need to work complementary each dimension of PEI to avoid unwanted effects on intrapersonal adjustment. (shrink)

Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays some ambivalence. (...) Kant establishes a duty of virtue to be forgiving (TL, 6:460), yet he immediately warns against its excess: meek toleration of recurrent wrongs could manifest a lack of self-respect and a violation of a duty to oneself (TL, 6:461). Sussman claims that this ambivalence ultimately arises from the fact that forgiveness sits uncomfortably in Kant’s moral thought. First, forgiveness has an ‘ineluctably elective aspect’ that makes it, to a certain extent, arbitrary and dependent on particular features of the forgiver’s psychology and, as such, in tension with Kant’s central claims that human beings are autonomous agents capable of determining their own moral status. Second, according to Sussman, Kant’s moral retributivism, i.e. ‘the particular moral position that every moral wrong against another deserves punishment of the wrongdoer’ seems to be in tension with the possibility of a ‘truly redemptive forgiveness’. Moreover, forgiveness also seems to be in tension with a passage of the Religion in which Kant argues that the moral guilt from our original evil disposition cannot be understood as a debt or liability that can be compensated, erased, transferred or otherwise wiped out by others (Rel, 6:72). Thus, to the extent that forgiveness might be thought to involve the forgoing of moral guilt, it seems incompatible with Kant’s views on culpability and punishment. This chapter seeks to clarify Kant’s views on forgiveness in order to show that, although not often appreciated, personal forgiveness plays an important role in the lives of ordinary human agents as understood by Kant. In particular, I aim to show there is a conception of forgiveness available to Kant that is not incompatible with Kant’s views of punishment and culpability. In Section 1, I argue that, for Kant, far from being merely ‘elective,’ forgiveness is, under certain conditions, morally required. I provide a brief summary of an interpretation of Kant’s theory of forgiveness that I have defended in recently published work , in order to argue that Kant’s duty to be forgiving should be understood as an imperfect duty of virtue which is conditional on repentance. Kant is not ambivalent about this duty because he maintains that when the relevant conditions are not met, we have a perfect duty to ourselves not to forgive unrepentant wrongdoers. The TL passage thus identifies two different duties. In Section 2, I show that forgiveness, as conceptualised by Kant, does not require the forgoing of punishment or the overcoming of moral guilt and that this could, in fact, be seen as an attractive feature of Kant’s position. I end by offering a very brief assessment of Kant’s views. (shrink)

Self-driving cars don’t drink and medical AIs are never overtired. Given our obvious flaws, what can humans still do best?

Kant famously made a distinction between actions from duty and actions in conformity with duty claiming that only the former are morally worthy. Kant’s argument in support of this thesis is taken to rest on the claim that only the motive of duty leads non-accidentally or reliably to moral actions. However, many critics of Kant have claimed that other motives such as sympathy and benevolence can also lead to moral actions reliably, and that Kant’s thesis is false. In addition, many (...) readers of Kant find the claim that we should deny moral worth to a dutiful action performed from friendly inclination highly counterintuitive. Moreover, Kantian commentators disagree about the status of actions in conformity with duty, some claim that these can be taken as equally morally worthy as those performed from duty, while others argue that they are not even permissible. -/- It has also been claimed that Kant’s theory of moral worth should be related to the theory of the Gesinnung developed in the Religion. Thus, some authors claim that, in order for an action to possess moral worth, the agent has to be unconditionally committed to morality, that is, the agent must possess a virtuous character or good fundamental maxim (i.e. a good Gesinnung). However, according to Kant’s radical evil thesis (that is, the thesis that man is evil by nature ), the default position for man is to possess an evil Gesinnung, i.e. a Gesinnung which is only conditionally committed to morality insofar as morality does not demand a great sacrifice of our own happiness. So, an unwelcome consequence of this line of interpretation is that in Kantian ethics morally worthy actions become very rare indeed. -/- The paper is divided in two parts. The first part aims to clarify why Kant thought that only actions from duty are morally worthy, replying to some common objections against Kant’s view. I argue that Kant’s non-accidental condition should not be understood in terms of reliability because such interpretation is incompatible with Kant’s theory of motivation and rational agency. I propose an alternative interpretation which supports Kant’ s claim that only the motive of duty leads nonaccidently to dutiful actions, and thus only actions from duty possess moral worth. I end by showing that although actions in conformity with duty are worthless from the moral point of view, they are not (in many cases) impermissible. The first part concludes that the criterion for the permissibility of actions is different to the criterion for the ascription of moral worth. Thus, rightness, which pertains to actions performed on maxims that can be willed as universal laws, and moral worth, which pertains to actions performed from a sense of duty, should be understood as two different levels of moral assessment. -/- The second part of the paper examines Kant’s conception of virtue with the aim of showing that although only agents with a virtuous character (good Gesinnung) will reliably act from duty, a person with an evil character (evil Gesinnung) could on frequent occasions act from duty. I argue that we should not deny moral worth to actions performed from duty even when the agent has an evil Gesinnung. Goodness of Gesinnung is not a necessary condition of the action of an agent possessing moral worth; reliability of motivation is necessary for the ascription of virtue but not for the ascription of moral worth. It follows that virtue, which refers to the agent’s character or fundamental maxim (i.e. the agent’s Gesinnung), and moral worth are also two different levels of moral assessment. The paper concludes that three levels of moral assessment can be distinguished in Kant’s ethical system: (i) rightness, (ii) moral worth and (iii) moral virtue. Moral virtue is the highest level of moral perfection for a human being. Striving towards virtue requires constant progress and effort and ultimately a ‘revolution of the heart.’ The important point is that even when we are still striving to achieve virtue (i.e. an unconditional commitment to morality), we can ascribe moral worth to actions performed by a genuine sense of duty. It turns out that, contrary to many influential interpretations, Kantian ethics is not merely concerned with the rightness or wrongness of particular actions nor is Kantian ethics primarily an ethic of virtue. Instead, Kant’s ethical system is complex and allows for different levels of moral assessment in which both an action-centred and agent-centred perspective can be integrated. (shrink)

Resumo: Arthur Schopenhauer ficou conhecido como o pensador do “pessimismo filosófico”. Tratase de uma doutrina que, em linhas gerais, apresenta uma determinada interpretação acerca do valor do mundo, mas que, em seu sentido ainda mais básico, questiona a possibilidade de atribuição de valor ao todo da existência: há “justificação” para a existência? A partir da resposta a essa pergunta, o filósofo alemão desenvolve sua “metafísica da vontade” e, como seu desdobramento, sua teoria da “redenção”, ou soteriologia. Entretanto, o “filósofo do (...) pessimismo” também afirma, em sua obra, que há uma “ordenação moral de mundo” e um “significado moral da existência”, o que parece ir na direção oposta ao “pessimismo”. O presente artigo analisa o significado das noções de ordenação moral de mundo e justificação da existência no pensamento de Schopenhauer, a fim de demonstrar em que medida significado moral da existência e pessimismo filosófico se relacionam no pensamento do autor.: Arthur Schopenhauer is known as the thinker of “philosophical pessimism”. It means, in general lines, the doctrine that presents a certain worldview, but in its more basic sense, it questions the possibility of giving a meaning to the whole of existence: is there “justification” for the existence? By answering this question the German philosopher develops his “metaphysics of the will” and, as its unfolding, his theory of “redemption”, or soteriology. However, the “philosopher of pessimism” also asserts in his work that there is a “moral ordinance of world” and a “moral meaning of existence”, which seems to go on the opposite direction of what is claimed by the “pessimism”. The present paper analyses the sense of the notions of moral ordinance of world and justification of existence in Schopenhauer’s thought, in order to demonstrate how far moral meaning of life and philosophical pessimismo interact in his thought. (shrink)

Xenotransplantation is often deemed morally objectionable because of the costs it imposes on the organ donor and the risks it imposes on the recipient. For some, involving human–pig chimeras as donors makes the practice more objectionable or even abhorrent from the start. For others, by contrast, using such chimeras weakens recipient-based objections because it reduces the risk of organ rejection and malfunctioning, and cancels donor-based objections because the practice does not harm chimeras but instead gives them valuable lives they would (...) not otherwise have. The paper examines and eventually rejects the latter defense. It also discusses the additional risks of chimeric xenotourism in countries with less demanding procedural guidelines and reflects on two very different futures for humanity that may emerge from supporting or rejecting chimeric xenotransplantation. (shrink)

The editors of the volume, Krisanna Scheiter and Paula Satne, introduce some of the central themes in the book and briefly summarise the content of the different chapters. The chapters examine the merits and pitfalls of common reactive attitudes to wrongdoing, such as anger, hatred, resentment, and forgiveness, taking into account both historical perspectives and contemporary debates. The introduction explains some of the philosophical debates about the nature and the desirability of anger, and the alleged distinction between revenge and (...) punishment (1.1). The introduction also surveys deep disagreements regarding the normativity of interpersonal forgiveness and indeed the very nature of forgiveness, blame, and resentment, which run through the different chapters of the book (1.2). The third section of the introduction (1.3) turns its attention to forgiveness, punishment, and reconciliation in the political sphere and the philosophical debates surrounding the nature and desirability of political forgiveness and its relation to the moral duty to remember after an atrocity, as well as the relationship between political reconciliation, apologies, and punishment. The volume offers cutting-edge scholarship on these issues and a new way to interpret and understand these concepts by important figures in the history of philosophy. The hope is that the different contributions in this volume will help the reader understand the philosophical issues that are at stake when we think about our responses to both interpersonal and political wrongdoing as well as the considerations that underpin conflicts and our attempts to resolve them. (shrink)

Aristotle's discussion of the motivation of the good person is both complicated and cryptic. Depending on which passages are emphasized, he may seem to be presenting a Kantian style view according to which the good person is and ought to be motivated primarily by reason, or a Humean style view according to which desires and feelings are or ought to be in charge. In this book, Paula Gottlieb argues that Aristotle sees the thought, desires and feelings of the good (...) person as interdependent in a way that is sui generis, and she explains how Aristotle's concept of choice is an innovative and pivotal element in his account. Gottlieb's interpretation casts light on Aristotle's account of moral education, on the psychology of good, bad and half-bad people, and on the aesthetic and even musical side to being a good person. (shrink)

It is clear that Kant's theory of motivation plays a central role in his ethical theory as a whole. Nevertheless, it has been subjected to many interpretations: (i) the 'orthodox' interpretation, (ii) the 'Aristotelian' or 'Humean' interpretation and (iii) the 'rationalist' interpretation. The first part of the thesis aims to provide an interpretation of Kant's theory of rational agency and motivation. I argue that the 'orthodox' and 'Aristotelian' interpretations should be rejected because they are incompatible with Kant's conception of freedom, (...) defending an account of Kant's position that goes along the lines of the rationalist interpretation. I show that Kant's theory of motivation is committed to a form of cognitivism, that is, the cognitive aspects of a motive are always the active factors in motivation. In Kant's terminology, the motives are provided by the agent's maxims, which express the reasons from which the agent acts. This part of the thesis examines Kant's theory of imperatives and his theory of motivation for cases of permissible, moral and immoral action. I conclude that in Kant's system, three levels of moral assessment can be distinguished: (i) rightness, (ii) moral worth, and (iii) virtue. However, my interest in Kant's theory is not merely exegetical; thus, the second aim of the thesis is to place Kant's position within the context of the following contemporary debates in metaethics: (i) debates about the relation between moral judgement and motivation, and (ii) debates about the nature of reasons for action, arguing that the Kantian position still represents an attractive philosophical view today. In relation to (i), I argue that Kant is committed to a form of motivational internalism, reconstruct Kant's argument for this view and reply to some possible externalist objections. In relation to (ii), I claim that since Kant's conception of reasons, based on the concept of maxims, differs from an internal conception of reasons (i.e., a conception that identifies reasons with the agent's desires), and from an external conception of reasons (i.e., a conception of reasons that identifies reasons with facts of the agent's situation), the term volitionism should be reserved to describe Kant's position. (shrink)

Social robots are an increasingly integral part of society, already appearing as customer service assistants, care-home helpers, teaching assistants and personal companions. This book argues that the wider inclusion of social robots in our society is having a revolutionary impact on some of our key intuitions regarding ethics, metaphysics and epistemology and, as such, will put pressure on many of our best theories. Social robots elicit an emotional and social response in humans that some have taken to be evidence that (...) robots deserve moral consideration. Others have argued that, as robots are only machines, we should avoid designing robots that encourage emotional engagement. The fictional dualism model provides a new way for us to view social robots and a new route for our continued relationship with them. When we engage with a social robot, we create a fictional overlay that has wants, needs and desires. Our emotional attachment to social robots is a natural continuation of our relationship to fiction: a life-enhancing and important connection, but not one that prompts moral consideration for the fictional entity. In this book, Paula Sweeney shows how the fictional dualism model of social robots differs from other popular models. In addition to providing a distinctive and ethically appropriate framework for emotional engagement without moral consideration, the model provides conditions for trusting social robots and, uniquely, allows us to individuate social robots as distinct persons, even in contexts in which they share a collective mind. (shrink)

In this paper I propose a Fictional Dualism model of social robots. The model helps us to understand the human emotional reaction to social robots and also acts as a guide for us in determining the significance of that emotional reaction, enabling us to better define the moral and legislative rights of social robots within our society. I propose a distinctive position that allows us to accept that robots are tools, that our emotional reaction to them can be important to (...) their usefulness, and that this emotional reaction is not a direct indicator that robots deserve either moral consideration or rights. The positive framework of Fictional Dualism provides us with an understanding of what social robots are and with a plausible basis for our relationships with them as we bring them further into society. (shrink)

El artículo analiza la reactivación, para la Ética, de la pregunta por la importancia de la amistad. En una primera parte analiza desde diversas perspectivas las críticas cada vez más fuertes a las teorías éticas imparcialistas y universalistas, que han suscitado a su vez el renacimiento del tratamiento de la amistad como fenómeno moral; dicho análisis pretende también llamar la atención sobre diversos puntos críticos de las llamadas teorías de la amistad. En una segunda parte se analiza el modelo aristotélico (...) de las amistades virtuosas, mostrando la estructura de este tipo de amistad y su relación con la ética, para resaltar así algunos puntos de la teoría aristotélica de la amistad que pueden ser de ayuda para una mejor comprensión del problema hoy en día. (shrink)

Algunos autores han sostenido que es posible que en el pasaje de la mano invisible, en La teoría de los sentimientos morales, Smith esté contestando a Rousseau. Esta hipótesis se basa en una fraseología similar que usan tanto Smith como Rousseau en el Discurso sobre el origen de la desigualdad. En esta nota se mostrará que es posible realizar una distinción importante con relación al período histórico que Smith está analizando en el pasaje de la mano invisible de TSM (...) IV: 10 y el que Rousseau está analizando en el Discurso sobre el origen de la desigualdad, a pesar de la fraseología similar con relación a las rudas selvas de la naturaleza. Some authors have contended that it is possible that Smith is answering Rousseau in The Theory of Moral Sentiments. This hypothesis is based on a similar phraseology used both by Smith and by Rousseau in the Discourse on the Origin of Inequality. In this note, a clear distinction will be made. In the aforementioned works, Rousseau and Smith refer to different periods of time, in spite of the similar phraseology used in relation to "the rude forests of nature". (shrink)

Understand the fundamental principles of lawyering and how to apply them to professional conductEthics and Legal Professionalism in Australia introduces students to the ethics and professional responsibilities that they will encounter in practice. It outlines the concepts, rules and conflicts relating to legal ethics in addition to exploring the ambiguous ethical aspects associated with being a lawyer. The text offers a thematic approach, with each chapter focusing on one theme and how it relates to lawyers' professional obligations. It aims to (...) encourage the development of students' 'moral compass', guiding them on how they might address ethical dilemmas and difficult situations before they are faced with these in reality.This third edition retains the original focus and principles of the previous editions but has been thoroughly updated to address the considerable changes to the legal profession and the environment.NEW TO THIS EDITIONUpdated to reflect rapid technological advances and ongoing globalisation processesStronger focus on health and wellbeing, addressing the mental health issues amongst lawyersMore case studies included throughoutSignificant updates to chapters:2: The Framework of Lawyering - updated to include the application of Uniform Law in Western Australia5: Loyalty to the Client - References to Lawyer X (Nicola Gobbo) case - Gobbo, while representing a number of significant criminal identities, also acted as a police informant providing information that contributed to the arrest and conviction of those clients6: Confidentiality - More detail relating to the Lawyer X case, and a discussion of the case of Collaery. The case is ongoing at the time of writing. It concerns the Commonwealth Government's action in seizing documents from an Australian lawyer representing Timor-Leste. Documents seized included a brief relating to a then current action against the Australian Government before the International Court of Justice7: Competence - more detail added on a lawyer's competence as to understanding and using technology, detailed discussion of mental health issues raised in misconduct proceedings and updated to include the relationship of wellbeing to competence9: Service and Access to Justice - updated to include more on seeking to define access to justice and identifying types of vulnerability. (shrink)

In her new book, Leunissen, author of Explanation and Teleology in Aristotle's Science of Nature, turns her expertise in Aristotle's biology to the issue of virtue of character. The book contains some fascinating material from Aristotle's biological works and also material from relatively neglected parts of the Politics, including discussions of ethnography, climate, physiognomy, and "eugenics." Leunissen's thesis is that an examination of this material will provide insight into how people become morally virtuous, and especially why Aristotle excludes women from (...) this group.Leunissen suggests that it is Aristotle's biology that leads to his views about women, but that does not exclude the possibility of the... (shrink)

In this essay, Paula McAvoy critiques a commonly held view that teaching young people to be good choice makers should be a central aim of sex education. Specifically, she argues against David Archard's recommendation that sex educators ought to focus on the development of autonomy and teaching young people that “choice should be accorded the central role in the legitimation of sexual conduct.” Instead, McAvoy argues that under conditions of gender inequality this view advantages boys and disadvantages girls. Juxtaposing (...) a case of a culturally arranged marriage with a spring break scene from Ariel Levy's Female Chauvinist Pigs: Women and the Rise of Raunch Culture, McAvoy shows that focusing on sexual choice making obscures and reifies the unequal social conditions that young people navigate. She concludes by suggesting an alternative that is in line with Sharon Lamb's argument in “Just the Facts? The Separation of Sex Education from Moral Education” that intimate encounters are better governed by attending to our ethical obligations to others. (shrink)

Claudia Blöser has recently proposed that Kant’s duty to be forgiving is grounded on the need to be relieved from the burden of our moral guilt, a need we have in virtue of our morally fallible nature, irrespectively of whether we have repented. I argue that Blöser's proposal does not fit well with certain central aspects of Kant’s views on moral guilt. For Kant, moral guilt is a complex phenomenon, that has both an intellectual and an affective aspect. I argue (...) that it is not even possible for us to fully overcome our intellectual guilt, and to the extent that it is possible to ameliorate our felt guilt, this is largely a matter of self-forgiveness. However, self-forgiveness is only appropriate when there is repentance for the wrongful action and rejection of its underlying immoral maxim by the wrongdoer as part of a project of moral transformation. I offer an alternative account of the human need for forgiveness, an account that makes forgiveness conditional on repentance. (shrink)

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds particularly relevant (...) in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

Kant is probably one of the most misunderstood philosophers in the history of Western thought. Some of the most well-known and pervasive objections to Kant’s practical philosophy often rest on considerable misunderstandings of his central theses or a poor and superficial reading of his work. A common misconception is that in Kant’s practical philosophy there is no place or role for human happiness. In Happiness in Kant’s Practical Philosophy: Morality, Indirect Duties, and Welfare Rights, Alice Pinheiro Walla dispels this misunderstanding (...) by elucidating Kant’s conception of happiness (understood in broadly hedonist terms) and showing that, for Kant, the pursuit of happiness plays an important role in our personal and collective lives. This means that, far from endorsing an ascetic ideal of the moral agent, as it is commonly thought, Kant’s system embraces an ideal of the human life in which there is significant space, and even a duty, to pursue pleasurable endeavours. Somehow surprisingly, in Pinheiro Walla’s reading, Kant’s ethics is arguably less demanding than standard interpretations of Aristotelian and Utilitarian ethical theories. (shrink)

In ‘Human Fallibility and the Need for Forgiveness’, Claudia Blöser has proposed a Kantian account of our reasons to forgive that situates our moral fallibility as their ultimate ground. Blöser argues that Kant’s duty to be forgiving is grounded on the need to be relieved from the burden of our moral failure, a need that we all have in virtue of our moral fallible nature, regardless of whether or not we have repented. Blöser claims that Kant’s proposal yields a plausible (...) account of the normative status of forgiveness. Kant classifies the duty to be forgiving as a wide duty of virtue, and according to Blöser, this means that Kantian forgiveness is elective in the sense that forgiveness is good in general but without being obligatory in each particular case. In the course of presenting her own reconstruction of Kant’s account, Blöser also objects to some aspects of an interpretation of Kant’s theory of forgiveness which I had previously defended in my paper ‘Forgiveness and Moral Development’. Although there are a lot of points of agreement between our interpretations, the aim of this article is to highlight four key points of disagreement. These issues are worth discussing because they have implications not only for a plausible interpretation of a recognisable Kantian account of forgiveness but also for wider debates in the contemporary literature on forgiveness. First, I show that Kant is not committed to a form of weak situationism as suggested by Blöser and that Kant’s grounding of the duty to be forgiving does not appeal to moral luck. Second, I argue that although Kant’s duty to be forgiving is elective in one sense of the term, it is not elective in another important sense of the term, and that it is in fact better not to interpret Kantian imperfect duties as being elective. Third, I show that awareness of moral fallibility per se does not provide a morally appropriate ground for forgiveness and offer an alternative reconstruction of Kant’s account- in which fallibility plays a role, but it is not the main reason to forgive. Finally, I argue that Blöser’s account of the need to be forgiven is not recognisable Kantian because, from a Kantian perspective, repentance is a necessary condition for the desirability and, in fact, the very possibility of ameliorating our own guilt. (shrink)

Robert Sparrow argues that because of women's longer life expectancy philosophers who advocate the genetic modification of human beings to enhance welfare rather than merely supply therapy are committed to favouring the selection of only female embryos, an implication he deems sufficiently implausible to discredit their position. If Sparrow's argument succeeds, then philosophers who advocate biomedical moral enhancement also seem vulnerable to a similar charge because of men's greater propensity for various forms of harmful wrongdoing. This paper argues there are (...) various flaws in Sparrow's argument that render it unsuccessful. The paper also examines whether dimorphism reduction is a more desirable outcome than male elimination, thereby further illustrating the difficulties besetting the distinction between therapy and enhancement. (shrink)

There are at least three senses of sexual objectification: the moral sense of treating a person as if she were primarily a sexual object, the political sense in which women socially count as instruments for men’s sexual pleasure, and the epistemic sense of forming a belief that a person is as one sexually desires them to be. These different senses have been treated as rivals, competing about what the correct account of sexual objectification is, or they have been treated as (...) entirely different projects. I argue for a third relation between them: each sense grasps an aspect of the existing social phenomenon of sexual objectification. Each further points out a wrong involved in sexual objectification. And the three aspects interact—we cannot fully explain any one sense of sexual objectification without the other two. To properly understand this interrelation I lean on an analogy: commodity fetishism as described by Marx helps make sense of the complex social reality of sexual objectification. (shrink)

Continence is a key moment of care that can tell us about the wider care of people living with dementia within acute hospital wards. The spotlight is currently on the quality of hospital care of older people across the UK, yet concerns persist about their poor treatment, neglect, abuse, and discrimination within this setting. Thus, within hospitals, the care of people living with dementia is both a welfare issue and a human rights issue. The challenge of continence care for people (...) living with dementia can be seen as the ‘canary in the coal mine’ for the unravelling of dignity within the acute setting. This paper draws on an ethnographic study within five hospitals in England and Wales, selected to represent a range of hospital types, geographies and socio‐economic catchments. Observational fieldwork was carried out over 154 days in acute hospitals known to admit large numbers of people living with dementia. This paper starts to fill the gap between theory and data by providing an in‐depth ethnographic analysis examining the ways in which treatment as a person is negotiated, achieved or threatened. We examine how the twin assaults on agency of a diagnosis of dementia and of incontinence threaten personhood. The acute threats to this patient group may then act to magnify perils to treatment as a person. Our findings suggest that personal dignity and the social construction of moral personhood are both threatened and maintained in such a setting. We show how empirical ethnographic data can lend weight to, and add detail to, theoretical accounts of moral personhood and dignity. (shrink)

Motivational internalism is roughly the view that moral judgement necessarily involves some degree of motivation to act morally. Kantian and non-Kantian scholars in general agree that Kant is committed to motivational internalism. However, in the recent literature some contemporary Kantians have defended a form of motivational internalism that, given Kant’s theory of motivation and rational agency, he cannot possibly hold. I argue that in order to clarify the nature of Kant’s motivational internalism, we need to consider the main features of (...) Kant’s theory of motivation and rational agency. I show that, although it is not often recognised, Kant is in fact committed to two different internalist claims. The conclusion of the paper is that Kant’s motivational internalism is of a different kind than the one discussed in current debates of metaethics. (shrink)

The Limits of Medical Paternalism defines and morally assesses paternalistic interventions, especially in the context of modern medicine and health care, particular emphasis is given to the analysis of the conceptual background of the paternalism issue. In this book an anti-paternalistic view is presented and defended.

Thomas Pogge's Global Resources Dividend relies on a flat tax on the use of natural resources to fund the eradication of world poverty. Hillel Steiner's Global Fund taxes the full rental value of owned natural resources and distributes the proceeds equally. The paper compares the Dividend and the Fund and defends the Global Share, a novel proposal that taxes either use or ownership, does so (when possible) progressively, and distributes the revenue according to a prioritarian rather than a sufficientarian or (...) egalitarian principle. (shrink)

In this article I will offer a reconsideration of Soran Reader’s moral pacifism. I will begin by reconstructing the three main arguments presented by Reader in her article ‘Making Pacifism Plausible’ in the second part of this essay. In the third section, I discuss and evaluate Reader’s arguments and conclude that her moral pacifism is indeed plausible. In the fourth section, I introduce the notion of political pacifism. Moral pacifism is the philosophical thesis that war cannot be morally justified. Political (...) pacifism, in contrast, refers to the political movement that aims to abolish the institution of war to replace it with an institution of peace. My proposal is that we combine moral pacifism and political pacifism in order to show that in today’s world we are faced with a situation of structural injustice with regard to international conflicts between states. In the status quo, international war is the accepted institution to solve conflicts between states. However, according to moral pacifism, war is always morally problematic. I argue that our current political situation is structurally unfair and when we are threatened with an unjust external invasion, we have no morally sound choices for action. Going to war and refusing to fight are both deeply morally problematic options. Without just alternatives, we may end up going to war to protect our territory and children. However, we should resist the temptation to conclude that war can be just, even in these circumstances. In the last section of the article, I conclude that philosophers should stop using all their intellectual energy to provide philosophical justifications for a just war theory (a theory that is widely accepted by contemporary philosophers). Instead, we ought to argue that war is always unjust, and precisely for this reason we should commit to research about how to replace the institution of war with an institution of peace, and think about what would be the most appropriate form for such institution. For these reasons, I believe it is important for us to reconsider Soran Reader’s moral pacifism. (shrink)

In this article, I address the issue of whether we have an obligation to remember past immoral actions. My central question is: do we have an obligation to remember past moral transgressions? I address this central question through three more specific questions. In the first section, I enquiry whether we have an obligation to remember our own past transgressions. In the second section, I ask whether we have an obligation to remember the wrongful actions that others have committed against ourselves. (...) In the last section, I investigate whether we have a duty to remember the suffering of victims of crimes that have a political aspect, crimes such as state violence, oppression and racial discrimination, for example. Here I use the term ‘obligation’ in a board sense to refer to actions that are recommended from the moral point of view, that is, when we have moral reasons to act in a certain way. Here I decided to explore these issues from a Kantian perspective. At first glance, Kant does not seem to have much to offer to an ethics of memory since he does not ask these questions directly. Nevertheless, I was interested to explore to what extent Kant’s ethics, and Kantian ethics more generally, can give us tools to answer these questions. What I have discovered is that, despite my initial doubts, the Kantian framework can provide us with materials to build arguments that can help us to answer these questions. In fact, I will argue that in Kant’s ethics, we have an obligation to remember past immoral actions. With regard to our own transgressions, I argue that we ought to remember our past transgressions because this is an aspect of our moral development. With regard to others’ transgressions, I argue that we have a duty of self-respect to demand that others respect us (in the Kantian sense, that is, that others treat us in a morally correct way) and that this involves remembering others’ transgressions, particularly when there is no evidence of their repentance or if they have not apologized. However, if we have (fallible) reasons to think that the wrongdoer has repented, then there is certainly no need to continue to remind them of their offenses. Thus, in the first two sections, my arguments are based on a certain interpretation of Kant’s ethical texts. However, when I address the political dimension of the ethics of memory I have based my arguments on the work of contemporary authors, especially Jeffrey Blustein. In the last section then, the perspective is more ‘Kantian’ than Kant’s. I argue that we have a duty to remember the victims of social and political injustice (social and political violence, oppression, discrimination, atrocity and crimes against humanity). Defenders of the importance of political memory usually appeal to consequentialist arguments. However, these arguments have limits. A Kantian perspective (deontological) is relevant here because it allows us to provide new arguments in support of the importance of political memory and thus ultimately to provide a stronger defense of duties of memory. -/- The issues that arise in relation to an ethics of memory will no doubt require that we study other sources in addition to the materials and arguments provided from a Kantian perspective. Nevertheless, I conclude that perhaps a bit surprisingly, the Kantian tradition has more to offer than it initially seemed, and it can certainly provide part of the theoretical framework to develop an ethics of memory. (shrink)

Este artigo tem por objetivo essencial contribuir para o esclarecimento teórico-filosófico do uso de conceitos como ética, moral, axiologia e valores, habitualmente empregues para nos referirmos a uma mesma realidade. Para tal, começaremos por analisar as respetivas etimologias que os caracterizam, examinaremos os diversos matizes dos seus sentidos diferenciados, bem como a sua relação de complementaridade, e terminaremos referindo o que entendemos por valores e qual a sua natureza e importância, principais características, bem como o universo a que se reportam. (...) Ao longo do texto, aduziremos e concluiremos pelo uso preferencial do conceito de "ética" a "moral", para o qual estão reservados os termos "normas" e "regras", e o de "valor" a "norma", a par de uma perspetiva crítica daquela. This article essentially aims to contribute to the philosophical-theoretical clarification of the use of concepts such as ethics, morals, axiology and values, usually used to refer to the same reality. To this end, we will begin by analyzing the respective etymologies that feature them, we will examine the various nuances of their senses, as well as their relationship of complementarity, and we will finish by referring to what we mean by values and what is their nature and importance, key features, as well as the universe to which they relate. Throughout the text, we will conclude by the preferential use of the concept from "ethics" to "morals", for which the terms "standards" and "rules" are reserved, and that from "value" to "standard", together with a critical perspective. (shrink)

I argue that political forgiveness is sometimes, but not always, compatible with public commemoration of politically motivated wrongdoing. I start by endorsing the claim that commemorating serious past wrongdoing has moral value and imposes moral demands on key actors within post-conflict societies. I am concerned with active commemoration, that is, the deliberate acts of bringing victims and the wrong done to them to public attention. The main issue is whether political forgiveness requires forgetting and conversely whether remembrance can be an (...) impediment to political forgiveness. The notion of political forgiveness, its definition, very possibility and desirability are contentious issues in the contemporary literature. I develop a multidimensional account of political forgiveness with a core element. The core element of political forgiveness involves taking a non-adversarial stance towards perpetrators in the sense of committing to stop holding their wrongdoing against them. The core element of forgiveness is usually combined with other attitudes and practices, which are appropriate depending on the circumstances. This is due to the fact that there are different ways of holding a wrong against an offender. I argue that forgiving perpetrators is not compatible with continue to punishing them, refusing to reconcile with them, and/or reminding them of their misdeed if perpetrators refuse to accept punishment, deny the importance of commemorating the past or wish to reconcile against the victim’s desires. I show that some forms of political forgiveness are not morally legitimate because they conflict with moral demands to punish perpetrators, commemorate atrocities and respect victims. This conclusion is less alarming than it might initially seem because the refusal to forgive politically motivated wrongdoing does not necessarily lead to the perpetuation of violence and conflict. I briefly draw on the example of Argentina in order to show how some forms of political un-forgiveness can be morally legitimate and effective ways for victims to uphold these demands. (shrink)

Heart disease is a complex condition that is a leading cause of death worldwide. It is often seen as a disease of affluence, yet is strongly associated with a gradient in socio-economic status. Its highly complex causality means that many different facets of social and economic life are implicated in its aetiology, including factors such as workplace hierarchy and agricultural policy, together with other well-known factors such as what passes for individual 'lifestyle'. The very untangling of causes for heart disease (...) thus inevitably raises social, moral and political issues. These include the proper role of the individual and of larger social forces in its aetiology, prevention and treatment. The construction of risk factors for heart disease likewise is enmeshed with questions of distributive justice in the responsible targeting of those at risk for heart disease, a debate which has received much overt attention in the medical literature, but less attention within the ethical literature. Strategies for addressing a condition of such complex causality can be highly diverse, from pharmaceutical to social interventions, and value issues attach to the choice and presentation of such strategies. For example, prevention strategies may raise complex issues of responsibility and of judgements of what it is to 'live well'. Further ethical debate on this highly political disease would be welcome. (shrink)

Este artículo pretende revisar el concepto de responsabilidad moral frente a los animales y el medio ambiente; para ello se toman en cuenta algunas revisiones necesarias del concepto de responsabilidad, a saber, la posibilidad de entender un concepto de responsabilidad parcial, así como la necesidad de poder hacer responsables moralmente tanto a individuos como a colectivos. Estos conceptos se estudian en un análisis diferenciado entre la responsabilidad moral frente a los animales y frente a la naturaleza.