In normative multi-agent systems, the question of “how an agent identifies norms in an open agent society” has not received much attention. This paper aims at addressing this question. To this end, this paper proposes an architecture for norm identification for an agent. The architecture is based on observation of interactions between agents. This architecture enables an autonomous agent to identify prohibition norms in a society using the prohibition norm identification (PNI) algorithm. The PNI algorithm uses (...) association rule mining, a data mining approach to identify sequences of events as candidate norms. When a norm changes, an agent using our architecture will be able to modify the norm and also remove a norm if it does not hold in the society. Using simulations of a park scenario we demonstrate how an agent makes use of the norm identification framework to identify prohibition norms. (shrink)

Consider a familiar case. A sign reads, “No vehicles in the park.” A man in the park has a heart attack. An ambulance is needed. Does its entry violate the rule? Most people would say that the rule was not meant to apply to needed ambulances. It would not make any difference if the rule read, “No vehicles whatsoever in the park.” The purpose of any rule against vehicles would not be served by a flat prohibition of ambulances. Consider (...) a second case. A child comes to the park on a tricycle. Is he barred from entering? A tricycle is a vehicle. But is it the kind of vehicle the author of the sign had in mind? He may only have wanted to preserve the park from fast or noisy vehicles. The purpose of the rule again becomes crucial. Is the purpose to maintain quiet and security, or is the purpose to assure absolute tranquility? The prohibition of the tricycle will depend on what purpose is accepted. (shrink)

In liberal moral theory, interfering with someone’s deliberate engagement in a self-harming practice in order to promote their own good is often considered wrongfully paternalistic. But what if self-harming decisions are the product of an oppressive social context that imposes harmful norms on certain individuals, such as, arguably, in the case of cosmetic breast surgery? Clare Chambers suggests that such scenarios can mandate state interference in the form of prohibition. I argue that, unlike conventional measures, Chambers’ proposal recognises (...) that harmful, discriminatory norms entail a twofold collective moral obligation: to eliminate the harmful norm in the long run, but also to address unjust harm that is inflicted in the meantime. I show that these two obligations tend to pull in opposite directions, thus generating a serious tension in Chambers’ proposal which eventually leads to an undue compromising of the second obligation in favour of the first. Based on this discussion, I develop an alternative proposal which, instead of prohibiting breast implant surgery, offers compensation for the disadvantages suffered by individuals who decide not to have surgery. (shrink)

The distinction between 'conduct norms' and 'sanction norms' is widely assumed to be an essential tool for any correct understanding of criminal responsibility. Conduct norms (often also called 'primary') are referred to with the language of 'prohibitions', and it is normally accepted that a crime is by definition a 'prohibited' human behaviour, in the sense that it is always an infraction of a 'conduct norm'. I mean to discuss and criticize this rather consensual assumption. Modern criminal codes (...) don't usually incorporate a catalogue of prohibitions, but this is considered to be of no consequence when it comes to discuss whether the law prohibits those behaviours whose performance may lead to the application of a criminal sanction: there is no question that sanction norms may be properly read out of the special parts of our criminal codes, and from a sanction norm it is always possible to infer the correspondent prohibition. Or so the current understanding goes. I shall first try to make some sense of this common idea, which I call the inference thesis. I will then proceed to show why it is wrong. The inference thesis is necessarily committed to an understanding of conduct norms as prescriptive norms addressed to citizens, and the relevant notion of a prescriptive norm has to be characterized in some detail. Having done so, I will argue that such a prescriptive understanding of 'conduct norms' is incompatible with several aspects common to most modern systems of criminal law and unquestionably essential to the concept of a crime. (shrink)

John-Paul II’s encyclical Veritatis Splendor examines the commandments, in particular the Decalogue. In so far as it is the expression of ‘natural law’ applicable and reflexively accessible to all, it is a permanent charter not only of Christian inspired ethics but of every human ethic . Using the story of the rich young man, cited in the encyclical’s first chapter, we would like to elucidate in the first part, and in our own way, how prohibitions open the way for freedom (...) and the richness of human creativity.This will show that Christian ethics, for which the Decalogue is of essential importance, cannot limit itself to drawing borders. Prohibitions are only a necessary condition and not a sufficient ground for a Christian ethic inspired by the gospel whose heart is the living person of Jesus the Christ. A Christian ethic does not end with delimiting borders that make possible and protect certain fundamental values; it also opens its own perspectives for a tasteful shaping of a qualified freedom that is ‘won’ thanks to keeping the commandments. This in turn leads to the point of the second part: a look at ‘taste’ and aesthetics in ethics. This will show how a balanced Christian ethic will necessarily be marked by a bipolarity of prohibition and taste.[...]CONCLUSIONEthics is not a simple matter; it is a complex field wherein orientations, commandments and prohibitions, suggestions, examples and experiences all play a role. We hope that it is now evident that ethics, on the existential level of experience, can only function properly when there is a tension between prohibition and taste. A one-sided emphasis or absolutizing of one of the two leads to the self-destruction of ethics. Reducing ethics to obeying commandments and prohibitions leads to a rejection of ethics, while a narcissistic absolutizing of taste leads to a destruction of ethics in as far as it results in the aestheticism of pure taste and in arbitrariness. Only an ethic that remains normatively modest by focusing its attention on the essential delimiting rules that protect basic values opens perspectives towards a creative meaningful life as a ‘lively adventure’. (shrink)

This paper examines the role of ethics in research with potentialapplicability to chemical and biological warfare. It focuses uponbiological warfare research, and examines the ethical dilemmas faced bythose working with dual-use potential technologies. It discusses thenormative, legal and ethical prohibitions against participation inchemical and biological warfare programmes from a Western perspective.It examines the motivations of individuals participating in CBW researchand concludes with recommendations for increasing awareness aboutethical and normative prohibitions. An appendix lists the results of asurvey of ethical codes in (...) relevant scientific disciplines conducted viathe Internet. (shrink)

It is often claimed that humans are rational, linguistic, cultural, or moral creatures. What these characterizations may all have in common is the more fundamental claim that humans are normative animals, in the sense that they are creatures whose lives are structured at a fundamental level by their relationships to norms. The various capacities singled out by discussion of rational, linguistic, cultural, or moral animals might then all essentially involve an orientation to obligations, permissions and prohibitions. And, if this (...) is so, then perhaps it is a basic susceptibility, or proclivity to normative or deontic regulation of thought and behavior that enables humans to develop the various specific features of their life form. This volume of new essays investigates the claim that humans are essentially normative animals in this sense. The contributors do so by looking at the nature and relations of three types of norms, or putative norms-social, moral, and linguistic-and asking whether they might all be different expressions of one basic structure unique to humankind. These questions are posed by philosophers, primatologists, behavioral biologists, psychologists, linguists, and cultural anthropologists, who have collaborated on this topic for many years. The contributors are committed to the idea that understanding normativity is a two-way process, involving a close interaction between conceptual clarification and empirical research. (shrink)

Norms conferring public or private powers, i.e., the competence to issue other norms, play a very important rôle in law. But there is no agreement among legal philosophers about the nature of such norms. There are two main groups of theories, those that regard them as a kind of norms of conduct (either commands or permissions) and those that regard them as non-reducible to other types of norms. I try to show that reductionist theories are (...) not quite acceptable; neither the command-variety (Kelsen, Alf Ross inOn Law and Justice), nor the permission-variety (von Wright, Kanger, Lindahl) provide a satisfactory account of competence norms.Among the authors who maintain that competence norms are different from (and hence not reducible to) norms of conduct are Hart, Ross inDirectives and Norms, and Searle. Ross and Searle distinguish between regulative and constitutive rules as two radically different kinds of rules and classify competence norms among constitutive rules. This distinction runs parallel to von Wright's distinction between rules that are prescriptions and determinative rules. While the first regulate actions (by commanding, prohibiting, or permitting them), determinative rules define certain concepts. To view competence norms as (partial) definitions of certain legal concepts (like those of legislator, judge, etc.) seems to open interesting perspectives and to shed light on at least one aspect of these elusive norms. (shrink)

There is an increasing need for norms to be embedded in technology as the widespread deployment of applications such as autonomous driving, warfare and big data analysis for crime fighting and counter-terrorism becomes ever closer. Current approaches to norms in multi-agent systems tend either to simply make prohibited actions unavailable, or to provide a set of rules which the agent is obliged to follow, either as part of its design or to avoid sanctions and punishments. In this paper (...) we argue for the position that agents should be equipped with the ability to reason about a system’s norms, by reasoning about the social and moral values that norms are designed to serve; that is, perform the sort of moral reasoning we expect of humans. In particular we highlight the need for such reasoning when circumstances are such that the rules should arguably be broken, so that the reasoning can guide agents in deciding whether to comply with the norms and, if violation is desirable, how best to violate them. One approach to enabling this is to make use of an argumentation scheme based on values and designed for practical reasoning: arguments for and against actions are generated using this scheme and agents choose between actions based on their preferences over these values. Moral reasoning then requires that agents have an acceptable set of values and an acceptable ordering on their values. We first discuss how this approach can be used to think about and justify norms in general, and then discuss how this reasoning can be used to think about when norms should be violated, and the form this violation should take. We illustrate how value based reasoning can be used to decide when and how to violate a norm using a road traffic example. We also briefly consider what makes an ordering on values acceptable, and how such an ordering might be determined. (shrink)

There is a large tradition of work in moral psychology that explores the capacity for moral judgment by focusing on the basic capacity to distinguish moral violations (e.g. hitting another person) from conventional violations (e.g. playing with your food). However, only recently have there been attempts to characterize the cognitive mechanisms underlying moral judgment (e.g. Cognition 57 (1995) 1; Ethics 103 (1993) 337). Recent evidence indicates that affect plays a crucial role in mediating the capacity to draw the moral/conventional distinction. (...) However, the prevailing account of the role of affect in moral judgment is problematic. This paper argues that the capacity to draw the moral/conventional distinction depends on both a body of information about which actions are prohibited (a Normative Theory) and an affective mechanism. This account leads to the prediction that other normative prohibitions that are connected to an affective mechanism might be treated as non-conventional. An experiment is presented that indicates that “disgust” violations (e.g. spitting at the table), are distinguished from conventional violations along the same dimensions as moral violations. (shrink)

The exchange of goods and services between individuals is often formalised by a contract in which the parties establish norms to define what is expected of each one. Norms use deontic statements of obligation, prohibition, and permission, which may be in conflict. The task of manually detecting norm conflicts can be time–consuming and error-prone since contracts can be vast and complex. To automate such tasks, we develop an approach to identify potential conflicts between norms. We show (...) the effectiveness of our approach and its individual components empirically using two publicly available corpora, and contribute with a new annotated test corpus for norm conflict identification. (shrink)

This paper presents a new argument to defend the normativity of meaning, specifically the thesis that there are no meanings without norms. The argument starts from the observation inferentialists have emphasized that incompatibility relations between sentences are a necessary part of meaning as it is understood. We motivate this approach by showing that the standard normativist strategy in the literature, which is developed in terms of veridical reference that may swing free from the speaker’s understanding, violates the ought-implies-can principle, (...) but ours does not. In addition, our approach is superior because, unlike the representationalist approach, it can be extended from declarative sentences to non-representational uses of language. In this paper, however, we only formulate the argument for the base case that involves incompatibility relations between declarative sentences. The goal is not to derive norms from something that is not normative, but to explicate the distinctive type of normativity that is built into meaning as it is understood by language-users. The explication proceeds in two steps. (1) For any sentence s a speaker understands, there is an incompatible sentence s’ the speaker understands to be incompatible with s. (2) In virtue of understanding this incompatibility of meanings, she ought not to be committed to both s and s’. This prohibition is not derived from instrumental practical reason, nor is it based on representational correctness, but its source is the incompatibility of meanings. (shrink)

In her seminal article ‘Modern Moral Philosophy’ (1958) Elizabeth Anscombe argued that we need a new ethics, one that uses virtue terms to generate absolute prohibitions against certain act-types. Leading contemporary virtue ethicists have not taken up Anscombe's challenge in justifying absolute prohibitions and have generally downplayed the role of rule-following in their normative theories. That they have not done so is primarily because contemporary virtue ethicists have focused on what is sufficient for characterizing the deliberation and action of the (...) fully virtuous person, and rule-following is inadequate for this task. In this article, I take up Anscombe's challenge by showing that rule-following is necessary for virtuous agency, and that virtue ethics can justify absolute prohibitions. First, I offer a possibility proof by showing how virtue ethics can generate absolute prohibitions in three ways: by considering actions that directly manifest vice or that cannot be performed virtuously; actions that are prohibited by one's institutional roles and practical identities; and actions that are prohibited by the prescriptions of the wise. I then seek to show why virtue ethicists should incorporate rule-following and absolute prohibitions into their theories. I emphasize the central role that rules have in the development of virtue, then motivate the stronger view that fully virtuous agents follow moral rules by considering the importance of hope, uncertainty about consequences, and taking responsibility for what eventuates. Finally, I provide an account of what Anscombe called a ‘corrupt mind’, explaining how our understanding of virtue is corrupted if we think that virtue may require us to do vicious actions. (shrink)

Paternalism has attracted new defenders in recent years. Such defenders typically either downplay the normative significance of autonomy or deny that we are sufficiently rational for paternalistic interventions to be objectionable.1 Both of these argumentative strategies constitute challenges to John Stuart Mill’s influential anti-paternalistic ‘harm principle’, which states that coercive interference with the liberty of competent adults is justifiable only if such interference prevents harm to non-consenting third parties (Mill, p. 23).2 In this journal, Wilkinson has provided a novel, provocative (...) defence of paternalism in the medical context—one that (provisionally) accepts rather than challenges Mill’s harm principle.3 Wilkinson’s argument is complex. But he begins with Parfit’s influential account of personal identity.4 According to Parfit, Alice at T1 can be the same person as Alice at T2, but the extent to which Alice at T1 and Alice at T2 are similar depends on the extent to which there are ‘chains’ of strong psychological connections between Alice at T1 and Alice at T2. Strong psychological connections, in turn, are mental states such as intentions or beliefs, or psychological traits. For example, if Alice at T2 remembers very little about herself the day before, and the day before that, all the way to Alice at T1, Alice at T2 has completely different psychological traits than Alice at T1—for example, Alice at T1 was courageous, whereas Alice at T2 is cowardly—then Alice at T1 and Alice at T2 are distinct persons. If the harm principle is correct and Alice is autonomous, it is permissible to interfere with Alice’s liberty only if it prevents harm to some non-consenting third party. But if we accept Parfit’s view on personal identity, then a novel defence of paternalistic intervention emerges: Alice at T2 may well be a distinct person from Alice at T1. So, …. (shrink)

The aim of this article is to present the normative content of article 53 clause 7 of the Constitution of the Republic of Poland of 2nd April 1997. The paper presents the subjective scope of the regulation, including the scope of subjects who enjoy the guarantee of the “right to silence” as well as the list of addressees of the prohibition. The analysis also presents the subjective scope of article 53 paragraph 7 of the Constitution, together with an indication (...) of the legal problems that occur in the practice of law in the context of obligations to respect the “right to silence”. The research includes substantive and formal assessment of the legal provision in question. (shrink)

To adequately deal with unpredictable and dynamic environments, normative frameworks typically deployed in mechanisms for modifying the norms at runtime are crucial. We present the syntax and operational semantics of programming constructs to facilitate runtime norm modification, allowing a programmer to specify when and how the norms may be changed by external agents or by the normative mechanism. The norms take on the form of conditional obligations and prohibitions, instantiating obligations and prohibitions. We present rule-based constructs for (...) runtime modification of the norms and their instances, and a mechanism for automatically updating the instances when their underlying norms change. Moreover, we investigate a mechanism for avoiding norm conflicts. (shrink)

This paper advocates for the normative role of logic in reasoning. I offer a response, anchored in an externalist perspective, to two fronts of attack against the normativity thesis, namely Harman’s sceptical challenge and the accusation of naturalistic fallacy. On the one hand, I rework dialogical bridge principles and show that such principles satisfy adequacy criteria to deal with Harman’s challenge. On the other hand, I argue that it is possible to derive normative consequences from logical facts. This is because (...) argumentative interactions among agents involve the acceptance of constitutive rules that entail obligations. Hence, since logical rules can be seen as constitutive of the social practice of reasoning, they create prescriptions for reasoning. Bridge principles make those obligations and prohibitions explicit. (shrink)

Deontic logic is standardly conceived as the logic of true statements about the existence of obligations and permissions. In his last writings on the subject, G. H. von Wright criticized this view of deontic logic, stressing the rationality of norm imposition as the proper foundation of deontic logic. The present paper is an attempt to advance such an account of deontic logic using the formal apparatus of update semantics and dynamic logic. That is, we first define norm systems and a (...) semantics of norm performatives as transformations of the norm system. Then a static modal logic for norm propositions is defined on that basis. In the course of this exposition we stress the performative nature of (i) free choice permission, (ii) the sealing legal principle and (iii) the social nature of permission. That is, (i) granting a disjunctive permission means granting permission for both disjuncts; (ii) non-prohibition does not entail permission, but the authority can declare that whatever he does not forbid is thereby permitted; and (iii) granting permission to one person means that all others are committed to not prevent the invocation of that permission. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by (...) discussing my findings. In consequence of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

The author proves that rejecting the existence of permissive norms and limitation of norms to prohibitions and commands alone is possible only with reducing the idea of a function. The essence of the function is then the ability of the expression to generate independently the universal norm formation. Such manipulation is easy on the level of logical analysis, but proves risky from other points of view. If we want the deontic logic, which we construct, to consider the fact (...) that permission is pragmatically necessary for the law-maker to convey his normative preferences, we must solve the consequences of the adopted structure of the function of norms, which originate on the socio-linguistic level. It appears, however, that due to a lack of a pragmatic theory useful for lawyers, there is no proof that the pragmatically strong permission can be expressed by means of a lot of prohibitions and commands (dos and don’ts). Besides, reducing permissions only to the language of legal rules is an obligation to accept the structure of an act of communication, which can find its full motivation in the Husserl’s structure of the direct cognition. (shrink)

According to Westermarck’s widely accepted explanation of the incest taboo, cultural prohibitions on sibling sex are rooted in an evolved biological disposition to feel sexual aversion toward our childhood coresidents. Bernard Williams posed the “representation problem” for Westermarck’s theory: the content of the hypothesized instinct is different from the content of the incest taboo —thus the former cannot be causally responsible for the latter. Arthur Wolf posed the related “moralization problem”: the instinct concerns personal behavior whereas the prohibition concerns (...) everyone. This paper reviews possible ways of defending Westermarck’s theory from the representation and moralization problems, and concludes that the theory is untenable. A recent study purports to support Westermarck’s account by showing that unrelated children raised in the same peer groups on kibbutzim feel sexual aversion toward each other and morally oppose third-party intra-peer-group sex, but this study has been misinterpreted. I argue that the representation and moralization problems are general problems that could potentially undermine many popular evolutionary explanations of social/moral norms. The cultural evolution of morality is not tightly constrained by our biological endowment in the way some philosophers and evolutionary psychologists believe. (shrink)

In the paper we provide an overview of issues related to the models used in the research on the logic of norms and actions. We present two models of the variability of the world: temporal (acyclic) and atemporal (cyclic). In the first one the past is always clearly defined, and the future is potentially “branched”. The second type of model allows for a return to the situation that took place. Next we describe different approaches towards agency modeling. We present (...) the most important paradigms, including the logic of actions, where actions are interpreted as transitions between the situations and STIT logic, which states only the responsibility of the agent for particular states of affairs. We discuss questions of determinism and indeterminism of actions, identification of basic actions and operations and the issue of identity. The final part of the paper is devoted to deontic categories. In particular, the applicability of the concepts of strong and weak permission and prohibition in different situational contexts, and their relationship to the two concepts of obligation: abstract and derived. (shrink)

The normativity in understanding the hadiths of male physical appearances, such as lengthening the beard, isbal prohibition, and wearing a robe, was still debated by Muslims. This issue was evident, especially in Islamic communities with strong progressive and conservative characters at the same time, like Muhammadiyah. This paper aimed to elucidate the existence of contestation among Muhammadiyah members in understanding and practicing traditions regarding physical appearance. This paper discussed three subjects: first, contestation in the hadith of maintaining a beard; (...) second, the hadith of isbal prohibition; and third, contestation of understanding the hadith of a robe. By using a qualitative descriptive method, it was found that: first, four views of Muhammadiyah members regarding the hadith of keeping a beard: mandatory, Sunnah, ittibâ' to the Prophet, and permissible; second, four views of Muhammadiyah members regarding the hadith of isbal prohibition: haram, makruh, permissible and haram only when worshiping; third, two views of Muhammadiyah members about wearing a robe, having virtue and no virtue. This polarization was influenced by the environmental situation, recitation circles, and book readings. The contestation among Muhammadiyah occurred between progressive groups driven by Muhammadiyah activists and conservative groups driven by Salafists. The infiltration of conservative Salafist forces in Muhammadiyah needs more serious attention from its leaders to immediately address this issue to maintain a moderate Islamic character of Muhammadiyah. (shrink)

From an early age, humans exhibit a tendency to identify, adopt, and enforce the norms of their local communities. Norms are the social rules that mark out what is appropriate, allowed, required, or forbidden in different situations for various community members. These rules are informal in the sense that although they are sometimes represented in formal laws, such as the rule governing which side of the road to drive on, they need not be explicitly codified to effectively influence (...) behavior. There are rules that forbid theft or the breaking of promises, but also rules which govern how close it is appropriate to stand to someone while talking to them, or how loud one should talk during the conversation. Thus understood, norms regulate a wide range of activity. They exhibit cultural variability in their prescriptions and proscriptions, but the presence of norms in general appears to be culturally universal. Some norms exhibit characteristics that are often associated with morality, such as a rule that applies to everyone and prohibits causing unnecessary harm. Others norms apply only to certain people, such as those that delimit appropriate clothing for members of different genders, or those concerning the expectations and responsibilities ascribed to individuals who occupy positions of leadership. The norms that prevail in a community can be more or less fair, reasonable, or impartial, and can be subject to critique and change. This entry provides an overview of interdisciplinary research into the psychological capacity for norm-guided cognition, motivation, and behavior. The notions of a norm and normativity occur in an enormous range of research that spans the humanities and behavioral sciences. Researchers primarily concerned with the psychology distinctive of norm-governed behavior take what can be called “cognitive-evolutionary” approaches to their subject matter. These approaches, common in the cognitive sciences, draw on a variety of resources and evidence to investigate different psychological capacities. This entry describes how these have been used to construct accounts of those cognitive and motivational features of minds that underpin the capacity to acquire, conform to, and enforce norms. It also describes how theories of the selective pressures and adaptive challenges prominent in recent human evolution have helped to inform and constrain theorizing about this psychological capacity, as well as how its features can influence the transmission and cultural evolution of norms. By way of organization, the entry starts with basics and proceeds to add subsequent layers of intricacy and detail. Researchers taking cognitive-evolutionary approaches to norms come from a wide range of disciplines, and have formulated, explored, and debated positions on a large number of different issues. In order to present a comprehensible overview of these interconnected literatures, the entry starts by laying out main contours and central tenets, the key landmarks in the conceptual space common to different theories and claims. It goes on to provide a more detailed description of the kinds of theoretical resources that researchers have employed, and identifies important dimensions along which more specific accounts of the psychology of norms have varied. It then canvasses different sources of empirical evidence that have begun to illuminate other philosophically interesting features of the capacity for norms. Finally, it ends with a discussion of the relationship between norm cognition and morality, with a few illustrations drawn from recent debates in moral theory. (shrink)

One promising way to investigate the genealogy of norms is by considering not the origin of norms, but rather, what makes certain norms more likely to prevail. Emotional responses, I maintain, constitute one important set of mechanisms that affects the cultural viability of norms. To corroborate this, I exploit historical evidence indicating that 16th century etiquette norms prohibiting disgusting actions were much more likely to survive than other 16th century etiquette norms. This case suggests (...) more broadly that work on cultural evolution should pay greater attention to the role of emotion systems in cultural transmission. (shrink)

For any group there is a point beyond which the accumulation of acts of violence, cruelty, or even rudeness, implies disintegration. By a series of small and plausible transitions this putative empirical generalization may be transformed into a statement about the normative attitudes of persons in stable groups. The generalization may in the first place be more strongly construed as a statement of law governing any society. The weakening of bonds between persons implied by the prevalence of behavior of the (...) kinds in question means that societies not only do not but cannot survive a certain excess of it. Such a natural law may in turn be reflected internally by certain regulations--civil laws and customs--prohibiting such behavior, or by internalized rules with which most persons not only act in accordance but also accept as stipulating what one ought to do or avoid. The observable frailty of social constitutions is thus reflected from within as a family of obligations to refrain from violence, cruelty, rudeness, and similar acts. To pass from regulations to internalized rules in this way is to suggest that the essentially prudential considerations upon which reasonable regulations are based are reinforced by conceptual ones which make it impossible rationally to value violation of such regulations. That such reinforcement occurs is undeniable, but it is not well understood why, or universally believed that, resistance to it is irrational. (shrink)

A large and impressive literature has arisen over the past fifteen years concerning the emergence, transfer, and sustenance of political norms in international life. The presumption of this literature has been, for the most part, that the winds of normative change blow in a progressive direction, toward greater or more stringent normative control of individual or state behavior. Constructivist accounts detail a spiral of mutual normative reinforcement as actors and institutions discover the advantages of normative self- and other evaluation. (...) There is also now much interesting research focused on the question of how to predict the emergence of future norms.I focus, however, on a different issue here: the death of norms that had once seemed well internalized and institutionalized. The issue arises in relation to one of the most dramatic features in the defense policy of the United States since 2001: the crumbling of highly restrictive normative regimes prohibiting interrogatory torture and assassination as part of the “global war on terror.” My aim here is to sketch what I take to be the central features of cases in which even norms that are clearly defined and apparently well internalized in a democracy nonetheless lose their grip on policy. The ultimate lesson, however, is an unappealing irony: While democracies surely do better than authoritarian regimes in adopting and internalizing certain kinds of constraints, in part because of a greater sensitivity to public mobilization around normative questions, that same sensitivity makes the long-term survival of these norms precarious. In particular, I suggest that force-constraining norms are most effectively internalized by coherent and relatively insulated professional cadres who see themselves as needing to act consistently over time. But in a democracy the values and arguments of those cadres are susceptible to being undermined by a combination of public panic and the invocation by policymakers of a public interest that can override the claims both of law and pragmatic restraint. Democracy, hence, can be at the same time both fertile and toxic: fertile as a source of humanitarian values and institutions, but toxic to the very institutions it cultivates.The model I will describe may be of predictive use in helping us to see the special vulnerability of normative orders in democracies. But my hope is that it is also constructive in showing us how states and institutions committed to maintaining a certain normative order, especially democratic states, might best try to entrench those norms. While my argument is conceptual and philosophical, it draws on this recent history. I also add two qualifications to this article's title. First, I am not addressingallnorms, but specific norms concerning the state use of force in national security policy. I therefore do not make claims about the generalizability of the conflict I describe to other norms, for example, norms of racial, sexual, or religious orthodoxy or hierarchy, or norms of reciprocal interaction. Second, reports of a norm's death are frequently exaggerated, since norms can be latent, then resurrected. Arguably, the anti-torture norm was resuscitated by President Obama in 2009 when, as one of his first official acts as chief executive, he moved to prohibit cruel, inhuman, and degrading treatment of detainees. I write here about the path of decay, whether or not that path is unidirectional, and why previously salient norms no longer seem to govern policy choice among political decision-makers. (shrink)

According to the extended knowledge account of assertion, we should only assert and act on what we know. Call this the ‘Knowledge Norm’. Because moral and prudential rules prohibit morally and prudentially unacceptable actions and assertions, they can, familiarly, override the Knowledge Norm. This, however, raises the question of whether other epistemic norms, too, can override the Knowledge Norm. The present chapter offers an affirmative answer to this question and then argues that the Knowledge Norm is derived from a (...) more fundamental norm that demands that we do not hinder intellectual flourishing. As the fundamental epistemic norm can come into conflict with the Knowledge Norm, it is sometimes permissible to assert and act on what we don’t know. The chapter concludes with a discussion of the consequences of this insight for the extended knowledge account of assertion. (shrink)

In 2014 the coptologist Bentley Layton published a corpus of texts with the title The Canons of our Fathers. Rules of Shenoute. Our article proposes an analysis of these “rules” of the Egyptian abbot Shenoute. This collection is characterised by the explicit intention of disciplining the conscience of each member of the community. This intention can be discerned in the particular use of curses and in a series of precepts that regulate the monk’s interior life prohibiting certain inner conditions that (...) only the monk himself can detect. This strategy of “internalisation” appears to be original to the rule of this community. (shrink)

The aim of the paper is to shed light on some of the most original elements of Fichte’s conception of morality as expressed in his account of specific obligations. After some remarks on Fichte’s original classification of ethical duties, the paper focuses on the prohibition of lying, the duty to communicate our true knowledge, and the duty to set a good example. Fichte’s account of those duties not only goes beyond the mere justification of universally acknowledged demands, but also (...) deploys different arguments than his contemporaries, most notably Kant. Fichte thereby sketches a conception of morality in which the agent is crucially required to contribute to the morality of others. The chapter explores the contrast between Fichte’s view and Kant’s thought of an end in itself and suggests that Fichte’s view of morality amounts to a form of normative perfectionism that is qualified by the underlying claim of the agent-neutral character of moral demands. (shrink)

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

According to the judgement of the European Court of Justice in 2014, human parthenogenetic stem cells are excluded from the patenting prohibition of procedures based on hESC by the European Biopatent Directive, because human parthenotes are not human embryos. This article is based on the thesis that in light of the technological advances in the field of stem cell research, the attribution of the term ‘human embryo’ to certain entities on a descriptive level as well as the attribution of (...) a normative protection status to certain entities based on the criterion of totipotency, are becoming increasingly unclear. The example of human parthenotes in particular demonstrates that totipotency is not at all a necessary condition for the attribution of the term ‘human embryo’. Furthermore, the example of hiPSC and somatic cells particularly shows that totipotency is also not a sufficient condition for the attribution of a normative protection status to certain entities. Therefore, it is not a suitable criterion for distinguishing between human embryos worthy of protection and human non-embryos not worthy of protection. Consequently, this conclusion has repercussions for the patenting question. The strict delineation between an ethically problematic commercial use of human embryos and the concomitant patenting prohibition of hESC-based procedures and an ethically unproblematic commercial use of human non-embryos and the therefore either unrestrictedly permitted or even unregulated patenting of procedures based on these alleged alternatives becomes increasingly blurred. (shrink)

This paper describes the automated classification of legal norms in German statutes with regard to their semantic type. We propose a semantic type taxonomy for norms in the German civil law domain consisting of nine different types focusing on functional aspects, such as Duties, Prohibitions, Permissions, etc. We performed four iterations in classifying legal norms with a rule-based approach using a manually labeled dataset, i.e., tenancy law, of the German Civil Code ). During this experiment the \ (...) score continuously improved from 0.52 to 0.78. In contrast, a machine learning based approach for the classification was implemented. A performance of \ was reached. Traditionally, machine learning classifiers lack of transparency with regard to their decisions. We extended our approach using so-called local linear approximations, which is a novel technique to analyze and inspect a trained classifier’s behavior. We can show that there are significant similarities of manually crafted knowledge, i.e., rules and pattern definitions, and the trained decision structures of machine learning approaches. (shrink)

A fascinating recent turn in epistemology focuses on inquiring attitudes like wondering and being curious. Many have argued that these attitudes are governed by norms similar to those that govern our doxastic attitudes. Yet, to date, this work has only considered norms that might *prohibit* having certain inquiring attitudes (``norms of restriction''), while ignoring those that might *require* having them (``norms of expansion''). We aim to address that omission by offering a framework that generates norms (...) of expansion for inquiring attitudes. The framework draws on inferential erotetic logic, which we explain and augment with some theorems. We explore several of the norms that it yields - some sympathetically, others unsympathetically. (shrink)

Peremptory norms of general international law are universally binding prohibitions that override any consideration for non-compliance. The question is how nonconsensual norms emerge from a consensual international legal order. It appears that either the peremptoriness of jus cogens renders consent superfluous to the norm’s binding force or consent divests jus cogens of its peremptory status. The goal of this paper is to resolve the dilemma by explaining why jus cogens is exempt from the general requirement of consent that (...) binds states to the rules of international law. The paper provides an impartiality-based account of enforcement that explains why a state’s refusal to give consent to jus cogens may be overridden in a consensual legal order. (shrink)

In Ian Brassington’s article in a previous issue of this journal, he argues that suicide for the purpose of avoiding suffering is not, as Kant has contended, contrary to the moral law. Brassington’s objections are not cogent because they rely upon the exegetically incorrect premise that according to Kant the priceless value of personhood is in the noumenal world that we have no perception of. On the basis of Kant’s normative, metaphysical and epistemological theory, I argue, contrary to Brassington, that (...) according to Kant personhood’s moral value is explicitly in the sensible, phenomenal realm. While I argue that suicide solely to avoid suffering is immoral, I show that Kant’s normative system allows some acts of suicide to be morally permissible. In the course of the discussion of the value of humanity’s rationality and the immorality of suicide, I will discuss the broader modern medical ethical implications of Kant’s arguments, such as the moral impermissibility of using rationality depriving drugs, such as ketamine, solely to avoid pain. (shrink)

In the first systems of deontic logic obligatoriness, prohibitiveness and permissibility were features of actions. It was a very natural choice, corresponding to the way in which these concepts were used not only in natural language but also in Law and Ethics. It's well known that contemporary systems of deontic logics do not deal with actions any more. They are simply deontic logics of propositions providing for deontic qualification of states of affairs. Such an approach, although might be useful for (...) instance in Computer Science (especially in security applications, where there is a need of expressing that a certain state of machine is, say, permitted and the other is forbidden), is inadequate for modeling norms of Law and Ethics (and possibly norms of many other fields). In this paper the Simple Theory of Norms and Actions (in short: Setna) is proposed. It is inspired by the first deontic logics, i.e. it's deontic operators take names of actions as their arguments. Additionally this theory has as its part a theory of actions which has not been taken into account in deontic logic until now. Enriching deontic theory with a theory of action gives an account for expressing dependencies which hold between the deontic properties and some other properties of actions. For instance Setna states that two actions that cannot be carried out simultaneously in the same situation should not be both regulated as obligatory-an agent would not be able to follow such a law. (shrink)

We formally introduce a novel, yet ubiquitous, category of norms: norms of instrumentality. Norms of this category describe which actions are obligatory, or prohibited, as instruments for certain purposes. We propose the Logic of Agency and Norms (LAN) that enables reasoning about actions, instrumentality, and normative principles in a multi-agent setting. Leveraging LAN , we formalize norms of instrumentality and compare them to two prevalent norm categories: norms to be and norms to do. (...) Last, we pose principles relating the three categories and evaluate their validity vis-à-vis notions of deliberative acting. On a technical note, the logic will be shown decidable via the finite model property. (shrink)

The present volume is a sequel to Deontic Logic: Introductory and Systematic Readings : its purpose is to offer a view of some of the main directions of research in contemporary deontic logic. Most of the articles included in Introductory and Systematic Readings represent what may be called the standard modal approach to deontic logic, in which de on tic logic is treated as a branch of modal logic, and the normative concepts of obligation, permission and prohibition are regarded (...) as analogous to the "alethic" modalities necessity, possibility and impossibility. As Simo Knuuttila shows in his contribution to the present volume, this approach goes back to late medieval philosophy. Several 14th century philosophers observed the analogies between deontic and alethic modalities and discussed the deontic interpretations of various laws of modal logic. In contemporary deontic logic the modal approach was revived by G. H. von Wright's classic paper 'Deontic Logic'. Certain analogies between deontic and alethic modalities are obvious and uncontroversial, but the standard approach has often been criticized on the ground that it exaggerates the analogies and tends to ignore those features of normative concepts which distinguish them from other modalities. (shrink)

To understand Kantian moral philosophy as it is presented in the Foundations of the Metaphysics of Mo rals it is important to grasp not only Kant's strictly metaphysical exposition but also his analyses of the application of his doctrine to particular cases of everyday morality. At the same time each of the four examples he presents should serve, according to Kant, as a kind of type for a whole class or list of moral norms, a type that visibly represents (...) a recognized class of duties to oneself or others. A careful examination, however, reveals that even the so-called duties to oneself can be represented consistently only as duties to that law-giving power of the moral world that raises the dignity of moral freedom in man above any nonrational nature in the world. Yet, in reality the dignity of humanity is not absolute, for without assuming the existence of a supreme will we cannot have a genuine grounding for these duties in the exact form in which they appear to Kant. This is quite obvious in the first of Kant's four examples, his discussion of suicide from weariness with life. (shrink)

The paper concerns the following two questions: (i) is the general exclusive norm a proper legal norm? (ii) if the general exclusive norm is a proper legal norm, is it universally valid? It will be held that the general exclusive norm is a proper legal norm and not a logical principle. Therefore, as a legal norm, it can be said to be valid or invalid. The answer to the second question will be negative: the general exclusive norm, as a proper (...) legal norm, is valid only in those legal systems in which it is positively established. (shrink)

The Patient Protection and Affordable Care Act of 2010 (ACA) contains many provisions intended to increase access to and lower the cost of health care by adopting public health measures. One of these promotes the use of at-work wellness programs by both providing employers with grants to develop these programs and also increasing their ability to tie the price employees pay for health insurance for participating in these programs and meeting specific health goals. Yet despite ACA's specific alteration of three (...) different statues which had in the past shielded employees from having to contribute to the cost of their health insurance based on their achieving employer-designated health markers, it chose to leave alone recently enacted rules implementing the Genetic Non-Discrimination Act (GINA), which prohibits employers from asking employees about their family health history in any context, including assessing their risk for setting wellness targets. This article reviews how both the changes made by ACA and the restrictions recently put place by GINA will affect the way employers are likely to structure Wellness Programs. It also considers how these changes reflect the competing social goals of both ACA, which seeks to expand access to the population by lowering costs, and GINA, which seeks to protect individuals from discrimination. It does so by analyzing both positive theories about how these new laws will function and normative theories explaining the likelihood of future friction between the interests of the population of the United States as a whole who are in need of increased and affordable access to health care, and of the individuals living in this country who risk discrimination, as science and medicine continue to make advances in linking genetic make-up to risk of future illness. (shrink)

The behaviour of autonomous agents may deviate from that deemed to be for the good of the societal systems of which they are a part. Norms have therefore been proposed as a means to regulate agent behaviours in open and dynamic systems, where these norms specify the obliged, permitted and prohibited behaviours of agents. Regulation can effectively be achieved through use of enforcement mechanisms that result in a net loss of utility for an agent in cases where the (...) agent’s behaviour fails to comply with the norms. Recognition of compliance is thus crucial for achieving regulation. In this paper, we propose a general framework for observation of agents’ behaviour, and recognition of this behaviour as constituting, or counting as, compliance or violation. The framework deploys monitors that receive inputs from trusted observers, and processes these inputs together with transition network representations of individual norms. In this way, monitors determine the fulfillment or violation status of norms. The paper also describes a proof of concept implementation of the framework, and its deployment in electronic contracting environments. (shrink)

RESUMEN: La tesis según la cual el significado es normativo ha recibido diferentes formulaciones. En § 2 se introducen dos clases de formulaciones: las que emplean conceptos evaluativos y las que emplean conceptos deónticos. En § 3 se examinan las objeciones recientes de Hattiangadi a la posibilidad de una formulación en términos prescriptivos. § 4 contiene un intento de formular la tesis de la normatividad por medio de una regla en la que se emplean los conceptos deónticos de permisión y (...) prohibición. En § 5 se hacen algunos comentarios breves sobre la regla propuesta.ABSTRACT: The thesis that meaning is normative has been stated in different terms. In § 2 two kinds of formulations are introduced: those that deploy evaluative concepts and those that deploy deontic concepts. In § 3 the recent objections of Hattiangadi to the possibilility of a formulation in prescriptive terms are examined. § 4 contains an attempt to formulate the normativity thesis by means of a rule in which the deontic concepts of permission and prohibition are deployed. In § 5 some brief commentaries on the proposed rule are made. (shrink)

La pensée morale ordinaire semble incorporer une adhésion à des contraintes ou des restrictions déontologiques : des interdictions qui restent en vigueur même dans des cas où les actions interdites constituent le seul moyen de prévenir des conséquences encore pires. La source de ces normes déontologiques, cependant, n'est pas évidente. Plusieurs tentatives récentes pour trouver une base aux restrictions déontologiques ou pour expliquer ce qui les génère sont examinées. La plus prometteuse insiste sur la valeur intrinsèque du statut moral protégé (...) que la morale déontologique attribue à chacun de nous. On discutera brièvement les points forts d'une telle approche et les difficultés auxquelles elle fait face.Ordinary moral thought seems to reflect a commitment to deontological constraints or restrictions on conduct: to prohibitions which remain in force even if such actions are the only way to avert still worse consequences. The source of these deontological norms, however, is not clear. Several recent attempts to offer a basis for deontological restrictions or to explain what gives rise to them are examined. The most promising such attempt emphasizes the intrinsic value of the protected moral status which deontological morality ascribes to each of us. The strong points of such an approach and the difficulties facing it are briefly discussed. (shrink)

There is overwhelming consensus today that passively allowing someone to die in medical contexts is sometimes morally permissible and desirable. Active euthanasia, however, remains controversial. The legal systems and the medical establishments of both the United States and Canada maintain absolute, formal prohibitions against direct killing in medical settings. This clearly reflects the deep-seated belief, evident throughout our cultural and religious history, that there is some important moral difference between killing and allowing to die. Yet much that has been written (...) recently on this topic by philosophers has denied moral relevance for this distinction. While this general conclusion appears to have gained popularity, especially within philosophy, the reasons advanced for it seem inconclusive to some. In what follows I examine the principal philosophical argument for the claim of irrelevance. I then develop an alternative view that, to my knowledge, has not been distinctly articulated in the current literature. I begin, however, with a preliminary discussion of the intuitive basis of the distinction between killing and letting die. (shrink)

This collection demonstrates the strong influence that humanism and freethought had in developing the history and ideals of black intellectualism. Most people are quick to note the profound influence that religion has played in African-American history: consoling the downtrodden slave or inspiring the abolitionists, the underground railroad, and the civil rights movement. But few are aware of the role humanism played in shaping the black experience: developing the thought and motivating the actions of powerful African-American intellectuals. Section One of this (...) book offers biographical sketches of such prominent black humanists as Frederick Douglass, Cheikh Anta Diop, W.E.B. DuBois, Hubert H. Harrison, and Richard Wright. Section Two features essays by black humanists: Douglass, DuBois, Charles W. Faulkner, Langston Hughes, Zora Neale Hurston, Ishmael Jaffree, Claude McKay, Melvin B. Tolson, and Bruce Wright. Section Three offers the views of contemporary black African humanists: Freda Amakye Ansah, Emmanuel Kofi Mensah, Nkeonye Otakpor, Franz Vanderpuye, and Kwasi Wiredu. Section Four contains interviews conducted by Allen on the subjects of black humanist activism, the Afroasiatic roots of classical civilization, and the Harlem Renaissance with: Martin G. Bernal, Charles Faulkner, Leonard Harris, Norman Hill, and Alaine Locke. (shrink)