Until recently it has been conventional to assume that ethical egoism is "ethical" is name, alone, and that no account that considers one's own interests as the standard of moral obligation could count as seriously "ethical." In recent years, however, philosophers have shown increasing respect for more sophisticated forms of ethical egoism which attempt to define self-interest in enriched terms characterizing self-interest as human flourishing in both material and psychological dimensions. But philosophers are still skeptical that any (...) conception of self-interest could underpin ethical theory. This paper considers recent arguments by Richard Joyce, who is willing to concede enriched conceptions of self-interest, but who claims that egoism cannot support appropriate counterfactual conditionals about morality, or inferential uses of ordinary moral thinking. I argue that ethical egoism can satisfy each of Joyce's desiderata for morality, provided that it is taken to involve the very notion of enriched self-interest that Joyce is elsewhere willing to consider. In showing that egoism can count as a moral theory, I show, in effect, that Joyce's arguments for error theory about morality are really arguments for error theory about agent-neutral, non-egoistic morality. (shrink)

Self-love was a pivotal topic of debate for moral philosophers in the first half of the eighteenth century. But, as was also the case for related concepts like sociability and virtue, philosophers meant many different things by ‘self-love.’ The historians of philosophy who discuss self-love often do as well. A great virtue of Christian Maurer’s Self-Love, Egoism, and the Selfish Hypothesis is to disambiguate five senses of self-love in eighteenth-century discussions. ‘Self-love’ and its synonyms (...) variously refer to egoistic desire, love of praise, self-esteem, amour propre, and self-respect. Maurer uses these ideal types forensically to provide a better understanding of what is being debated by... (shrink)

James Sterba argues for morality as a principled compromise between self-regarding and other-regarding reasons and that either egoists or altruists, who always give overriding weight to self-regarding and other-reasons, respectively, can be shown to beg the question against morality. He concludes that moral conduct is “rationally required.” Sterba’s dialectic assumes that both egoists and altruists accept that both self-regarding and other-regarding considerations are genuine pro tanto reasons, but then hold that their respective reasons always outweigh. Against this, (...) I argue that egoists would most plausibly deny that non-self-regarding considerations have even pro tanto weight. I argue, also, that even if both sides grant the pro tanto weight of their opponent’s reasons, Sterba is mistaken in holding that only Morality as Compromise provides a “non-question-begging resolution” of what it is rational to do when self-regarding and other-regarding reasons conflict, since it might be that it is rational to act on either. It might be that the weightiest self-regarding and the weightiest other-regarding reasons in the case are both sufficient reasons for acting without either being conclusive. The essay ends with a sketch of arguments against egoism that I take to be more plausible than Sterba’s. As I have argued elsewhere, what makes an agent’s own welfare or her own concerns or interests normative for her simultaneously makes them normative for others as well. (shrink)

We suggest a fuller understanding of the obligation to respect patient autonomy can be gained by recognizing patients as historically and socially situated agents, whose values are developed, challenged, and changed, rather than merely applied, in their decision-making about their use of preimplantation genetic diagnosis or preimplantation genetic screening (PGD/PGS). We ground this discussion in empirical research on the patients experiences with PGD/PGS, and conclude by suggesting that promoting patients’ self-respect is a useful ethical standard for providers (...) and practices to recognize. (shrink)

The paper gives an overview of primate research and the economic-ethical 'lessons' we can derive from it. In particular, it examines the complex, multi-faceted and partially conflicting nature of (non-) human primates. Our closest living relatives, the chimpanzees and bonobos, apparently walk on two legs: a selfish and a groupish leg. Given evolutionary continuity and gradualism between monkeys, apes and humans, human primates seem to be bipolar apes as well. They, too, tend to display a dual structure: there seems to (...) be a pro-social and a self-interested side to our species and a bipolar tension seems to exist between competition and cooperation respectively between self-interest and the common good. We are apparently at the same time Homines oeconomici and Homines culturali. Our inner ape tries to combine self-interested and common good motives. Based on de Waal's Russian doll model, the essay investigates the evolutionary origins of morality and 'eusociality'. With the help of selected case studies stemming from behavioural sciences/economics, the paper illustrates examples of empathy, altruism, reciprocal fairness, pro-social and other-regarding preferences, inequity aversion and altruistic punishment in (non-)human primates. Beside this selfless and groupish side, the paper also reflects on the self-interest and egoistic nature of (non-)human primates and the behavioural and cognitive differences between monkeys, apes and humans. (shrink)

Internal mechanisms, especially those implicating the self, are crucial for the egoism-altruism debate. Self-liking is extended to close others and can be extended, through socialization and reinforcement experiences, to non-close others: Altruistic responses are directed toward others who are included in the self. The process of self-extension can account for cross-situational variability, contextual variability, and individual differences in altruistic behavior.

In From Rationality to Equality, James Sterba argues that the non-moral, and non-controversial, principle of logic, the principle that good arguments do not beg-the-question, provides a rationally conclusive response to egoism. He calls this “the principle of non-question-beggingness” and it is supposed to justify a conception of “Morality as Compromise.” Sterba’s basic idea is that principles of morality provide a non-question-begging compromise between self-interested reasons and other-regarding reasons. I will focus, first, on Sterba’s rejection of the alternative Kantian rationalist (...) justification of morality, and second, I discuss the logical principle of non-question-beggingness and I argue that Sterba is wrong to assume that there is a formal, logical requirement that a rational egoist must provide a non-question-begging defense of egoism. I argue that, like the Kantian, Sterba needs a more substantial conception of practical reason to derive his conclusion. My third focus is the problem of reasonable pluralism and public reason . The Rawlsian principle of public reason is analogous to Sterba’s principle of non-question-beggingness. Sterba recognizes that public policies should respect competing perspectives and that a public conception of justice must be justifiable to all reasonable people. The problem is that that reasonable people disagree about fundamental moral questions. Rawls calls this the fact of reasonable pluralism. I argue that an intercultural conception of justice is necessary to provide a response to reasonable pluralism and a shared basis for public reason. (shrink)

A pervasive misunderstanding of Confucian philosophy’s concepts considers them to be directives that call for deference and subordination, principally associated with the concept Lǐ 禮 which is understood as rites, rituals, manners, or generally “propriety”. Imposing Lǐ 禮 is considered a path to social and personal harmony. However, an analysis of the conditions and implications of Lǐ 禮 in early Confucian thinking shows that authentic respect, not obedience, is considered the essential condition for good governance and an ordered society. (...) Significantly, authentic respect can only originate from within the self, it cannot be commanded. Based upon self-cultivation, participation in ritual and exemplary conduct establishes a commitment to respect, and the purposeful distinctions expressed through Lǐ 禮 make social order intelligible. Considering the essence of respect in depth, and comparing it to the ethics conceived by Immanuel Kant, neither Confucian nor Kantian ethics are truly deontological in the sense of a “duty that is owed to an external instance”, rather they both rest on the autonomy of the self. A synthesis of both implies that extending authentic respect to an other in an encounter within the context of Lǐ 禮 gives rise to “Existential Reciprocity”: a virtuous cycle which mutually affirms both the self and the other, while rejecting a dichotomous opposition between self-esteem and morality. This is not contingent on external factors, but accessible from a self-determined, autonomous engagement with self-affirming conduct and productive encounters. Benefits are immediate and personal, and this forms the conditions in which harmonious relationships are a natural outcome. (shrink)

I am grateful to the Journal of Medical Ethics for asking these critics to discuss my book, and am grateful to each of the critics themselves for raising interesting and often difficult issues for me to think about.Alan Wertheimer makes a number of good points. One of the most significant, to me, is how paternalism might function at what I will call an institutional level. In my book, I endorse paternalistic actions by the state, when the cost benefit analysis justifies (...) that. I have not supported paternalistic interventions by private individuals, though. For one thing, private individuals will make decisions without public input, and without their justification being examined by experts in the field, and for these reasons they are too likely to make mistakes as to when intervention is appropriate. For another, the interventions by random individuals haranguing us about our failure to eat our broccoli is likely to drive us crazy—unexpected interference from people with no particular authority will give us just that sense of harassment I say paternalists need to avoid.However, between the public, authorised actions of a democratic state and the private actions of individuals with no authority lies the significant area of non-state institutions. Such institutions develop regulations and standards their members are expected to act in accordance with, and these in turn can have a significant impact on private persons. Of course, there have also been legal actions, notably court decisions, that have played a role here, but much of the specific interpretation of things like consent has been determined by the medical community developing what it believes to be an appropriate ethic for itself. And we know, here, that in recent years there has been a movement away from the paternalism that was once common, and a reorientation towards respect for …. (shrink)

According to the recovery model, mental healthcare should be aimed towards a conception of recovery articulated by a patient or service user in accord with his or her own specific values. The model thus presupposes and emphasises the agency of the patient and opposes paternalism. Recent philosophical work on the relations between respect, self-respect, self-esteem, shame, and agency suggests, however, two ways in which mental illness itself can undermine self-respect, promote shame and undermine agency, (...) suggesting a tension within the recovery model. I argue, however, that this is a tension rather than a fatal flaw by distinguishing between paternalist and non-paternalist clinical responses to this failure of agency. (shrink)

[Emerging Scholar Prize Essay for Spindel Supplement] Some philosophers and psychologists have evaluated psychological egoism against recent experimental work in social psychology. Dan Batson (1991; forthcoming), in particular, argues that empathy tends to induce genuinely altruistic motives in humans. However, some argue that there are egoistic explanations of the data that remain unscathed. I focus here on some recent criticisms based on the idea of self-other merging or "oneness," primarily leveled by Robert Cialdini and his collaborators (1997). These (...) authors argue that the putatively altruistic subjects are acting on ultimately egoistic motives because empathic feelings for someone in distress tend to cause them to blur the distinction between themselves and the other. Employing a conceptual framework for the debate, I argue that the self-other merging explanation fails to explain the empathy-helping relationship on primarily non-empirical grounds, regardless of the empirical results Cialdini and colleagues report. (shrink)

In this paper, I investigate the account of self-consciousness provided by Chinese Yogācārins Xuanzang (602-664CE) and Kuiji (632-682CE). I will explain how they clarify the transition from selfattaching to self-emptying through the articulation of consciousness (vijñāna). Current scholarship often interprets the Yogācāra account of consciousness either as a science of mind or as a metaphysical idealism. Both interpretations are misleading, partly because they perpetuate various stereotypes about Buddhism, partly also because they overlook the religious goal of realizing in (...) practice the wisdom of emptiness and the non-egoistic compassion. Against the status quo, I argue that through their account of self-consciousness, Xuanzang and Kuiji advocate what can be referred to as transcendental idealism that stresses the correlation between subjectivity and objectivity. Yogācārins thus neither nullify the existence of subjectivity nor formulate subjectivity as a higher entity. The transcendental idealism yields a Buddhist phenomenology that is similar to and also different from Edmund Husserl’s transcendental phenomenology. In what follows I will first characterize Husserl’s phenomenology as an approach to consciousness at two levels (the descriptive level and the explicative level). Then, I elicit the Buddhist phenomenology from Yogācāra philosophy that is not only descriptive and explicative but also prescriptive. This three-level architectonic of consciousness, while reaffirming the importance of agency, further justifies the role of religious rituals and moral practices for Yogācāra devotees. (shrink)

This essay is a plea for the view that philosophers should analyze the concept of self-deception more with the aim of having useful applications for empirical research. This is especially desirable because psychologists often use different, even incompat-ible conceptions of self-deception when investigating the factual conditions and con-sequences, as well as the very existence, of the phenomenon. At the same time, philosophers who exploit psychological research on human cognition and reasoning in order to better understand self-deception fail (...) to realize that these theories and data are loaded with problematic assumptions. More specifically, I discuss what conceptions of rationality are assumed when we describe cases of self-deception as either irra-tional or as adaptively rational, and how competing ontological models of the self ap-pear in different accounts of self-deception. I argue, first, that although the self typically is an object of such deception, it is not always so. Secondly, while it is the subject of deception, it is so only in a moderate way: We need neither assume multi-ple selves, nor is self-deception typically brought about or sustained intentionally. However, the avoidance of self-deception is at least sometimes under the subject’s ra-tional control. This account does not take for granted the existence of the phenomenon of self-deception. It is a serious task of empirical research to figure out whether self-deception really occurs. This issue also depends on the question ignored until now of what normative conception of rationality is assumed when one views certain beliefs as self-deceptive. (shrink)

Recently, the idea that human beings may be totally egoistic has resurfaced in philosophical and psychological discussions. But many of the arguments for that conclusion are conceptually flawed. Psychologists are making a conceptual error when they think of the desire to avoid guilt as egoistic; and the same is true of the common view that the desire to avoid others’ disapproval is also egoistic. Sober and Wilson argue against this latter idea on the grounds that such a (...) desire is relational, but a deeper reason stems from the fact that it places such intrinsic importance on other human beings. And other basic human desires, like the desire for love, the desire for revenge, the impulse to imitate others, and the desire to belong, also treat others as important and on those grounds cannot count as egoistic. Another line of recent argument for egoism stems from the work of Robert Cialdini et al., and claims that the way we identify and feel one with those other people we empathize with and seek to help shows us to be thinking of those others as part of or identical with ourselves. This is supposed to show that our putative altruism is basically self-centered and egoistic, but Cialdini arguably misinterprets what we mean when we speak of feeling one with someone else, and the phenomena he mentions don’t therefore stand in favor of psychological egoism. More generally, many of the positive and negative emotions we feel toward others are best interpreted as non-egoistic, and there is no reason at this point to doubt that humans are capable of altruistic motivation. (shrink)

In this essay we collect and put together a number of ideas relevant to the under- standing of the phenomenon of creativity, confining our considerations mostly to the domain of cognitive psychology while we will, on a few occasions, hint at neuropsy- chological underpinnings as well. In this, we will mostly focus on creativity in science, since creativity in other domains of human endeavor have common links with scientific creativity while differing in numerous other specific respects. We begin by briefly (...) introducing a few basic notions relating to cognition, among which the notion of ‘concepts’ is of basic relevance. The myriads of concepts lodged in our mind constitute a ‘conceptual space’ of an enormously complex structure, where con- cepts are correlated by beliefs that are themselves made up of concepts and are as- sociated with emotions. The conceptual space, moreover, is perpetually in a state of dynamic evolution that is once again of a complex nature. A major component of the dynamic evolution is made up of incessant acts of inference, where an inference occurs essentially by means of a succession of correlations among concepts set up with beliefs and heuristics, the latter being beliefs of a special kind, namely, ones relatively free of emotional associations and possessed of a relatively greater degree of justification. Beliefs, along with heuristics, have been described as the ‘mind’s software’, and con- stitute important cognitive components of the self-linked psychological resources of an individual. The self is the psychological engine driving all our mental and physical activity, and is in a state of ceaseless dynamics resulting from one’s most intimate ex- periences of the world accumulating in the course of one’s journey through life. Many of our psychological resources are of a dual character, having both a self-linked and a shared character, the latter being held in common with larger groups of people and imbibed from cultural inputs. We focus on the privately held self-linked beliefs of an individual, since these are presumably of central relevance in making possible inductive inferences – ones in which there arises a fundamental need of adopting a choice or making a decision. Beliefs, decisions, and inferences, all have the common link to the self of an individual and, in this, are fundamentally analogous to free will, where all of these have an aspect of non-determinism inherent in them. Creativity involves a major restructuring of the conceptual space where a sustained inferential process eventually links remote conceptual domains, thereby opening up the possibility of a large number of new correlations between remote concepts by a cascading process. Since the process of inductive inference depends crucially on de- cisions at critical junctures of the inferential chain, it becomes necessary to examine the basic mechanism underlying the making of decisions. In the framework that we attempt to build up for the understanding of scientific creativity, this role of decision making in the inferential process assumes central relevance. With this background in place, we briefly sketch the affect theory of decisions. Affect is an innate system of response to perceptual inputs received either from the exter- nal world or from the internal physiological and psychological environment whereby a positive or negative valence gets associated with a perceptual input. Almost every sit- uation faced by an individual, even one experienced tacitly, i.e., without overt aware-ness, elicits an affective response from him, carrying a positive or negative valence that underlies all sorts of decision making, including ones carried out unconsciously in inferential processes. Referring to the process of inferential exploration of the conceptual space that gener- ates the possibility of correlations being established between remote conceptual do- mains, such exploration is guided and steered at every stage by the affect system, analogous to the way a complex computer program proceeds through junctures where the program ascertains whether specified conditions are met with by way of generating appropriate numerical values – for instance, the program takes different routes, depending on whether some particular numerical value turns out to be positive or negative. The valence generated by the affect system in the process of adoption of a choice plays a similar role which therefore is of crucial relevance in inferential processes, especially in the exploration of the conceptual space where remote domains need to be linked up – the affect system produces a response along a single value dimension, resembling a number with a sign and a magnitude. While the affect system plays a guiding role in the exploration of the conceptual space, the process of exploration itself consists of the establishment of correlations between concepts by means of beliefs and heuristics, the self-linked ones among the latter having a special role in making possible the inferential journey along alternative routes whenever the shared rules of inference become inadequate. A successful access to a remote conceptual domain, necessary for the creative solution of a standing problem or anomaly – one that could not be solved within the limited domain hitherto accessed – requires a phase of relatively slow cumulative search and then, at some stage, a rapid cascading process when a solution is in sight. Representing the conceptual space in the form of a complex network, the overall process can be likened to one of self-organized criticality commonly observed in the dynamical evolution of complex systems. In order that inferential access to remote domains may actually be possible, it is necessary that restrictions on the exploration process – necessary for setting the context in ordinary instances of inductive inference – be relaxed and a relatively free exploration in a larger conceptual terrain be made possible. This is achieved by the mind going into the default mode, where external constraints – ones imposed by shared beliefs and modes of exploration – are made inoperative. While explaining all these various aspects of the creative process, we underline the supremely important role that analogy plays in it. Broadly speaking, analogy is in the nature of a heuristic, establishing correlations between concepts. However, analo- gies are very special in that these are particularly effective in establishing correlations among remote concepts, since analogy works without regard to the contiguity of the concepts in the conceptual space. In establishing links between concepts, analogies have the power to light up entire terrains in the conceptual space when a rapid cas- cading of fresh correlations becomes possible. The creative process occurs within the mind of a single individual or of a few closely collaborating individuals, but is then continued by an entire epistemic community, eventually resulting in a conceptual revolution. Such conceptual revolutions make pos- sible the radical revision of scientific theories whereby the scope of an extant theory is broadened and a new theoretical framework makes its appearance. The emerging theory is characterized by a certain degree of incommensurability when compared with the earlier one – a feature that may appear strange at first sight. But incommen- surability does not mean incompatibility and the apparently contrary features of the relation between the successive theories may be traced to the multi-layered structureof the conceptual space where concepts are correlated not by means of single links but by multiple ones, thereby generating multiple layers of correlation, among which some are retained and some created afresh in a conceptual restructuring. We conclude with the observation that creativity occurs on all scales. Analogous to correlations being set up across domains in the conceptual space and new domains being generated, processes with similar features can occur within the confines of a domain where a new layer of inferential links may be generated, connecting up sub- domains. In this context, insight can be looked upon as an instance of creativity within the confines of a domain of a relatively limited extent. (shrink)

There is a traditional understanding of what morality is, an under-standing that most contemporary moral philosophers take for granted. This understanding is not itself a theory, but rather an account of the phenomenon of morality, to which these philosophers have thought any theory of the phenomenon must conform if it is to be considered successful as either an explanation or a justification of our moral life. According to this account, there are three prominent features that, together, characterize the moral: First, (...) moral action and moral regard are taken to be other-regarding. While some philosophers have identified a certain kind of self-respect as part of morality, in general morality has been thought to involve duties to others, requiring that they be treated with respect. Self-interest is generally taken to be outside the province of the moral. (shrink)

Is Hobbes a normative egoist? That is: does Hobbes think that an agent’s normative reasons are all grounded in her own good? A once-dominant tradition of Hobbes scholarship answers ‘yes’. In an important recent work, however, S.A. Lloyd has argued that the answer to the question is ‘no’, and built an alternative non-egoistic interpretation of Hobbes that stresses reciprocity and mutual justifiability. My aim in this paper is to articulate and defend an original ‘middle way’ interpretation of Hobbes which (...) steers a course between an excessively egoistic and what we might call an excessively ‘moralistic’ interpretation. According to the interpretation I defend, our obligations have their source in self-interest in the sense that they are all self-assumed results of covenants, our reasons for making which are solely self-interested. But the obligations that result from such covenants can sometimes require us to act against our self-interest. (shrink)

In “Non-self, Agency, and Women: Buddhism’s Modern Transformation,” Ann A. Pang-White argues that “non-self (anātman 無我)” and “emptiness (śūnyatā 空)” necessarily entail nonduality. Buddha nature is neither male nor female. Nonetheless, conflicting teachings are found in various Theravada and Mahayana texts. The more conservative texts have historically resulted in long-standing patriarchal practices: Buddhist nuns receive much less respect and financial support than monks, often facing the possibility of extinction. In Taiwan, however, in a complete reversal, Buddhist nuns (...) outnumber male monks in an astonishing 75 percent to 25 percent ratio, with the largest number of Buddhist nuns in the world. Many Taiwanese nuns are highly educated and socially engaged activists. Nonetheless, to assert one’s autonomy to become a nun is extremely difficult in a Confucian society. How do Taiwanese women, society, and Buddhism mutually transform each other? In addition to an analysis of selected essential Buddhist texts, Pang-White investigates two Buddhist communities of women to shed light on Buddhism’s modern transformation. She concludes that to reform Buddhism from within is not only theoretically possible but also practically achievable. (shrink)

There is a traditional understanding of what morality is, an under-standing that most contemporary moral philosophers take for granted. This understanding is not itself a theory, but rather an account of the phenomenon of morality, to which these philosophers have thought any theory of the phenomenon must conform if it is to be considered successful as either an explanation or a justification of our moral life. According to this account, there are three prominent features that, together, characterize the moral: First, (...) moral action and moral regard are taken to be other-regarding. While some philosophers have identified a certain kind of self-respect as part of morality, in general morality has been thought to involve duties to others, requiring that they be treated with respect. Self-interest is generally taken to be outside the province of the moral. (shrink)

According to the traditional interpretation, Aristotle’s ethics, and ancient virtue ethics more generally, is fundamentally grounded in self-interest, and so in some sense egoistic. Most contemporary ethical theorists regard egoism as morally repellent, and so dismiss Aristotle’s approach. But recent traditional interpreters have argued that Aristotle’s egoism is not vulnerable to this criticism. Indeed, they claim that Aristotle’s egoism actually accommodates morality. For, they say, Aristotle’s view is that an agent’s best interests are partially constituted by acting morally, (...) so that the virtuous person sees morality as essential to her happiness. (Call this, ‘the Constitutive Thesis’.) In this paper, I argue that the constitutive thesis is unpersuasive, both from a theoretical standpoint and (for similar reasons) as an interpretation of Aristotle. It is unpersuasive because it is much more demanding in both respects than several nonegoist alternatives. My argument builds on an objection originally offered by John McDowell. McDowell claimed (1) that the Constitutive Thesis requires that there are independent standards of self-interest that can be agreed upon in advance by all parties to the dispute, both virtuous and nonvirtuous; and (2) that there are no such standards. I argue that McDowell is mistaken. The orthodox position requires much less than McDowell claims if it makes an appeal to the distinctiveness of the virtuous person’s point of view. However, unfortunately for traditionalists, the price of this point of view defence is high. First, to be even remotely plausible, the revised orthodox view must be almost frighteningly complex. Second, once this complexity is exposed, the orthodox view is much less plausible than its major rivals, in particular those which appeal directly to moral reasons. (shrink)

We argue that relating to myself as me provides, as such, a reason to care about myself: grasping that an event involves me, instead of another, makes it matter in a special way. Further, this self-concern is not simply a matter of seeing in myself some instrumental value for other ends. We use as our foil a recent skeptical challenge to this view offered in Setiya (2015). We think the case against self-concern is powered by unwarrantedly narrow construals (...) of three key notions. One is the notion of a first-personal way of relating to oneself. A narrow account of the first person in terms of special epistemic relations to oneself makes it easy to overlook a source of non-instrumental reasons of self-concern, located in the special relation a subject has to herself as agent. Two is the notion of what it is to be a reason. And three is the notion of self-concern itself. We show that the skeptical case rests in part on a slide towards neighbouring but distinct notions of egoism and selfishness. We also argue that Setiya’s notion of self-love, offered to capture the pre-theoretical intuition of self-concern, cannot do it justice. (shrink)

We argue that relating to myself as me provides, as such, a reason to care about myself: grasping that an event involves me, instead of another, makes it matter in a special way. Further, this self-concern is not simply a matter of seeing in myself some instrumental value for other ends. We use as our foil a recent skeptical challenge to this view offered in Setiya 2015. We think the case against self-concern is powered by unwarrantedly narrow construals (...) of three key notions. One is the notion of a first-personal way of relating to oneself. A narrow account of the first person in terms of special epistemic relations to oneself makes it easy to overlook a source of non-instrumental reasons of self-concern, located in the special relation a subject has to herself as agent. Two is the notion of what it is to be a reason. And, three, is the notion of self-concern itself. We show that the skeptical case rests in part on a slide towards neighbouring but distinct notions of egoism and selfishness. We also argue that Setiya’s notion of self-love, offered to capture the pre-theoretical intuition of self-concern, cannot do it justice. (shrink)

This study aimed to meta-analyze the relationship between self-management and exercise self-confidence, satisfaction, and commitment in both modern and traditional martial arts among Korean practitioners. We examined the level of sports participation and different martial arts sports as potential moderating variables. In total, 22 studies yielded 299 individual effect sizes and were included in the final meta-analytic pool. The analyses revealed a moderate effect of self-management on exercise satisfaction and self-confidence; and a large effect self-management (...) on exercise commitment. Especially, the effect of the training dimension of self-management was large on exercise commitment and satisfaction, while that of the mental dimension was large on exercise self-confidence. The effects of self-management on exercise satisfaction, commitment, and self-confidence were large in judo, Ssireum, and wrestling, respectively. Finally, the use of self-management was relatively more effective for non-elite participants than for elite practitioners. Our results highlight the effectiveness of self-management to enhance Korean martial arts practitioners’ exercise self-confidence, commitment, and satisfaction, findings that may potentially be extended internationally and to other types of sports; further, they showcase the importance of the promotion of interventions and educational programs on how to incorporate/employ self-management in athletes’ sports training. (shrink)

The desire to defend a state against attacks by a non-state actor requires thinking about counter-attacking without violating the sovereign equality of the territorial state because targeting a non-state actor on the territory of that state may violate its sovereignty. This paper evaluates the main views on self-defense by states against non-state actors by studying the Just War Theory and argues that self-defense against a non-state actor is allowed if the counter-attack complies with the principle of sovereign equality. (...) Sovereign equality is the prohibition of states from dominion over other states because states are equal to one another. This principle can be respected by allowing self-defense against non-state actors to occur only if the state consented to the use of force on its territory or if that state is incapable of controlling or unwilling to control the non-state actor. (shrink)

Political respect for nature is an important part of cultivating a more emancipatory and ecologically sustainable politics. As a political principle, it can supplement respect for persons with institutional mechanisms that formally constrain how human power may be exercised over non-human beings and things and that require us to use our power in ways that are attentive to nature’s well-being along with our own. Moreover, when internalized by citizens as part of their shared political ethos and public culture, (...) respect for nature has the potential to protect against the abuse of power in our interpersonal relations with Earth’s non-human parts. Political respect for nature means acknowledging that non-human beings and things count, that they deserve to be treated according to standards of right and that there are principled limits to how human power may be exercised over them. It means formalizing these constraints in the basic structure of society and fostering a public culture of self-restraint and responsiveness. (shrink)

It is well-observed that undergraduate students frequently profess ethical relativism, but they also frequently defend ethical egoism. The author suggests four reasons why ethical egoism is so common among undergraduates: since college students’ identity is in flux, a normative framework in which the self may be appealed to as a foundation for value offers a sense of security; most college students have relatively few obligations beyond themselves; media and advertising tend to promote and reward egoism; egoism is easy and (...) affords students the appearance of being non-judgmental and tolerant. Nevertheless, the author notes, even the most diehard egoist holds the belief that their ego works to realize some potential, which means they are in at least a minimal sense committed to something beyond themselves. Virtue theory is especially useful in exploiting this commitment to show student egoists the plausibility of non-egoistic normative viewpoints. Discussing the examples of true friendship, courage, generosity, honest self-presentation, eudaemonia, and temperance, the author explains how virtue theory can articulate values which the student egoist is committed to but which cannot be satisfactorily accounted for by egoistic frameworks. The author concludes by addressing the importance of group discussion for lending concreteness to the lessons of virtue theory. (shrink)

This paper considers the following claim: In order to live well, your first concern must be with yourself. I show how the truth in this claim can be captured by a eudaimonist framework. I distinguish two sorts of self-concern: self-care and self-responsibility. I examine each of these notions. I also consider different senses in which either sort of self-concern might be one’s first concern. I identify the place of each of these ideas in a properly developed (...) eudaimonism. As part of my discussion, I respond to the egoism challenge to eudaimonism, and I outline a thoroughly non-egoistic form of eudaimonism. (shrink)

Respecting the autonomy of agents grounds various obligations to others such as non-interference, deference to her authority over self-regarding decisions, limitations on paternalism, and so on. According to a broadly liberal moral sensibility, respecting others in this way implies accepting the valuesValue they autonomously hold even if they are judged problematic, immoral, self-destructive, or otherwise non-ideal. In discussions of such respect, it is generally assumed that persons expressing that respect have no direct bearing on whether the (...) subject of that respect is herself autonomous. However, in many situations, persons interact in a way that helps establish or re-establish the autonomy of one or both of these agents themselves.For example, the would-be paternalist may be a therapist whose professional obligationObligations is to facilitate the process of re-establishing autonomy for vulnerable victims of traumaTrauma. In such scenarios, the usual lines between hardPaternalismhard and softPaternalismsoft paternalism, as well as the standard liberal rejection of the former, do not apply. Still, it would be wrong for the aid workerAid workers to simply impose her views of a decent life on the struggling person. How, then, do we reformulate restrictions on paternalism and other such normative strictures grounded in respect forAutonomyrespect for autonomy in scenarios where the relationshipRelationships between client and aid workerAid workers is itself a crucial part of the process that results in the self-governingSelf-governing agency of the client?This paper explores these issues and argues that such scenarios indicate that conceptions of autonomy must view the self as diachronic as well as socially constituted but also must be sensitive to the ways that autonomy can sometimes be established only with others’ help. In particular, the obligationObligations to remain relatively neutralNeutral toward the content of others’ values in showing respect forPersonsrespect for their autonomy must be reformulated to take into account the way interpersonal dynamics themselves help establish the autonomy with which persons hold the values that they hold. These observations are applied to certain cases of aid and care where such questions are central. (shrink)

In his “Two Kinds of Moral Reasoning; Ethical Egoism as a Moral Theory”, Jesse Kalin defines ethical egoism as “the position that a person ought, all things considered, to do an action if and only if that action is in his overall self-interest”, by which he means that each person is ‘rationally justified in’ or ‘has conclusive reasons for’ acting thus, and not that ‘it is good', or that ‘it is desirable', or that ‘it conduces to any intrinsically desirable (...) state of affairs', for each to act only self-interestedly.In this way, Kalin seeks to formulate an egoism which he takes to be rational, insofar as, in the interests of consistency, the egoist holds a principle applicable to all, and yet is not committed, ex hypothesi, to valuing collective goods or states of affairs which would tend to compromise his own interests. (shrink)

We question whether altruistic motivation links identity fusion and extreme self-sacrifice. We review two lines of research suggesting that the underlying motivation is plausibly egoistic.

Biological self reference idioms in brain-centered or nervous-system-centered self determination of the consious Self reveal an interesting contrast with biological self-determination by immunological self/non-self discrimination. This contrast is both biological and epistemological. In contrast to the consciousness conscious of itself, the immunological self-determination imposes a protective mechanism against self-recognition (Coutinho et al. 1984), which adds to a largely unconscious achievement of the biological Self (Popper 1977; Medawar 1959). The latter viewpoint is (...) in contrast with the immunological Self-determination as an essentially cognitive process as expressed in the analysis of Tauber (1994). Comparison of the immune system in vertebrates and invertebrates, according to new biological insights, has contributed to a better understanding of the relative role of innate (or inherited) immunity versus immunity acquired during each individual life. Also in this respect, immunological self-achievement shows both a striking analogy and a fundamental discrepancy with the activity of the nervous system. The analysis of immunological Self/non-self discrimination versus brain-centered self-determination adds to the understanding of the function paradigm in biological self-reference idioms, especially when regarding the importance of the connectivity notion in both systems. Adopting functional explanatory schemes for understanding immunological self-non-self discrimination, as well as for the understanding of functional mapping of the brain at (conscious) activity (Friston et al. 1993; Frith et al. 1995), forwards the notion of effective/functional connectivity. Network connectivity not only is a primary question in solving the dimensionality question for immunological ‘idiotypic networks’ (Jerne 1974a, b; 1984), it may also have an important value in describing phase transitions in the development of both immune and nervous systems. (shrink)

According to the Self-Location Thesis, certain types of visual experiences have self-locating and so first-person, spatial contents. Such self-locating contents are typically specified in relational egocentric terms. So understood, visual experiences provide support for the claim that there is a kind of self-consciousness found in experiential states. This paper critically examines the Self-Location Thesis with respect to dynamic-reflexive visual experiences, which involve the movement of an object toward the location of the perceiving subject. The (...) main aim of this paper is to offer an alternative interpretation of these cases which resists attributing them self-locating content, arguing for a replacement of the de se component with a non-conceptual equivalent of the indexical ‘here’. In its final section, the paper also considers an extension of the h-replacement account to cases of visual kinesthesis. (shrink)

This paper is a new defense of the old orthodox view that self-consciousness requires self-concepts. My defense relies on two crucial constraints. The first is what I call Bermúdez’s Constraint, that is, the view that any attribution of content must account for the intentional behavior of the subject that reflects her own way of understanding the world. The second is the well-known Generality Constraint of Evans, which is also termed the recombinability constraint. The claim I want to support (...) in this paper is the following: Since whether and to what extent we can attribute to non-linguistic creatures and prelinguistic infants genuine knowing self-reference or de se contents is an open empirical question, the proponents of the nonconceptual self-consciousness face a dilemma. If we are convinced that the available empirical evidence is overwhelming, I argue--based on Evans’s Generality Constraint--that these self-representations are nothing but primitive prelinguistic self-concepts. However, if we are convinced that the available empirical evidence is not persuasive, I maintain--relying on Bermudez’s Constraint--that we do better by assuming that the subject is not self-represented. The content of her experiences and thoughts are best modeled as simple selfless propositional functions that are true or false relative to the subject of these experiences and thoughts. I refer to this as self-concernment without self-reference. Thus, against the recent ingenious work of Peacocke, I claim that there is no compelling reason for postulating nonconceptual middle level self-representation, between self-concernment and conceptual self-reference. However, as I hope to make clear, my claim is quite different from those of other recent oppositions to the idea of nonconceptual self-consciousness. According to the thesis of self-concernment without self-reference, the contents of experiences and thoughts are selfless propositional functions, true or false relative to the bearer of the respective mental states. (shrink)

We discuss the structure of Buddhist theory, showing that it is a kind of moral phenomenology directed to the elimination of egoism through the elimination of a sense of self. We then ask whether being raised in a Buddhist culture in which the values of selflessness and the sense of non-self are so deeply embedded transforms one’s sense of who one is, one’s ethical attitudes and one’s attitude towards death, and in particular whether those transformations are consistent with (...) the predictions that Buddhist texts themselves make. We discover that the effects are often significant, but not always expected. (shrink)

The study focuses on the debates on self-love in early 18th - century British moral philosophy. It examines the intricate relations of these debates with questions concerning human nature and morality in five central authors : Anthony Ashley Cooper the 3rd Earl of Shaftesbury, Bernard Mandeville, Francis Hutcheson, Joseph Butler and Archibald Campbell. One of the central claims of this study is that a distinction between five different concepts of self-love is necessary to achieve a clear understanding of (...) the debates on self-love. Thus, egoistic self-love, self-love as love of praise, self-love as self-esteem, self-love as excessive pride and self-love as self-respect are distinguished. The role of these different concepts is analysed in the mentioned authors ’ theories of human nature and morality, and the relations between the concepts of self-love and other essential concepts of moral philosophy such as benevolence, pity and virtue are examined. This study highlights the importance of the widely discussed claim that self-love is the only motive for human agents and shows that the moral rehabilitation of self-love becomes an important issue for the period. Commentators generally agree on the importance of the notion of self-love for the period’s moral philosophy, yet little attention has been paid to the different concepts of self-love. Present-day philosophy’s tendency to equate self-love with egoism is too simplistic, and the insufficient recognition of the vagueness of the notion of self-love is shown to be an impediment to an appropriate reconstruction of important arguments in the debates on self-love. The framework suggested in this study thus enables a better comprehension of the different accounts of self-love in the selected authors ’ moral psychologies, and of their views of the moral value of self-love. This facilitates the shedding of light on central aspects of moral philosophy at the beginning of the 18th century. (shrink)

Riassunto: Questo lavoro tratta le dimensioni analitiche della hyletica e della genetica nella prima fenomenologia della percezione sensibile di M. Scheler, caratterizzata da una fondazione realistica della materia e della forma del percetto. La hyletica fenomenologica indaga la “materia” o contenuto qualitativo del vissuto nel suo aspetto pre-intenzionale di dato sensoriale informe, privo cioè di forma oggettiva. La genetica fenomenologica indaga la genesi o formazione dei due poli della relazione intenzionale atto-oggetto, a partire dal loro originario momento d’indistinzione allo stadio (...) primitivo della coscienza percettiva. In questo lavoro si sottolinea l’originale elaborazione scheleriana dell’analisi fenomenologica: hyletica e genetica sono parte di un’indagine volta a indagare i diversi aspetti della realtà intesa come fenomeno vissuto caratterizzato dalla resistenza delle cose rispetto a un comportamento animato da finalità adattative. Il percipiente non è per Scheler il soggetto autocosciente, ma l’organismo come agente di informazione/comunicazione in costante interazione con il proprio ambiente circostante. Parole chiave: Hyletica fenomenologica; Fenomenologia genetica; Oggetto reale; Materia; Resistenza Matter and Form in Max Scheler’s Early Phenomenological Aesthetics: This paper addresses the analytic dimensions of Hyletics and Genetics in M. Scheler’s early phenomenology of sense perception, characterized by its realistic foundation for the matter and form of percepts. Phenomenological Hyletics studies the “matter”, i.e., the qualitative content of lived experiences with respect to the pre-intentional aspect of its unformed sensory input, lacking in objectual form. Phenomenological Genetics studies the “genesis” or formation of intentionality’s relata, starting from the early moments of indistinction at the initial phase of perceptual consciousness. This paper highlights the pivotal role and, above all, the original elaboration of these two analytic dimensions by the author: within Scheler’s work, phenomenological Hyletics and Genetics form part of an inquiry that stresses different aspects of reality, understood as a living phenomenon characterized by the resistance of things to adaptive behavior. According to Scheler, therefore, the perceiver is not a self-conscious subject, but rather an organism, i.e., an agent of information-communication that continuously interacts with his surrounding environment. Keywords: Phenomenological Hyletic; Genetic Phenomenology; Real Object; Matter; Resistence. (shrink)

Healthcare policy and academic literature have promoted improving the transitional care of young people leaving child and adolescent mental health services. Despite the availability of guidance on good practice, there seems to be no readily accessible, coherent ethical analysis of transition. The ethical principles of non-maleficence, beneficence, justice and respect for autonomy can be used to justify the need for further enquiry into the ethical pros and cons of this drive to improve transitional care. The objective of this systematic (...) review was therefore to systematically search for existing ethical literature on child- to adult-orientated health service transitions and to critically appraise and collate the literature, whether empirical or normative. A wide range of bioethics, biomedical and legal databases, grey literature and bioethics journals were searched. Ancestral and forward searches of identified papers were undertaken. Key words related to transition, adolescence and young adulthood, ethics, law and health. The timeframe was January 2000 to at least March 2016. Titles, abstracts and, where necessary, full articles were screened and duplicates removed. All included articles were critically appraised and a narrative synthesis produced. Eighty two thousand four hundred eighty one titles were screened, from which 96 abstracts were checked. Forty seven full documents were scrutinised, leading to inclusion of two papers. Ancestral and forward searches yielded four further articles. In total, one commentary, three qualitative empirical studies and two clinical ethics papers were found. All focused on young people with complex care needs and disabilities. The three empirical papers had methodological flaws. The two ethical papers were written from a clinical ethics context rather than using a bioethical format. No literature identified specifically addressed the ethical challenges of balancing the delivery of transitional care to those who need it and the risk of pathologizing transient and self-limited distress and dysfunction, which may be normal during adolescence. There is very little research on ethical aspects of transitional care. Most existing studies come from services for young people with complex care needs and disabilities. There is much scope for improvement in the amount and quality of empirical research and ethical analysis in this area. (shrink)

Self-compassion, sharing some commonalities with positive psychology 2.0 approaches, is associated with better mental health outcomes in diverse populations, including workers. Due to the COVID-19 pandemic, there is heightened awareness of the importance of self-care for fostering mental health at work. However, evidence regarding the applications of self-compassion interventions in work-related contexts has not been systematically reviewed to date. Therefore, this systematic review aimed to synthesize and evaluate the utility of self-compassion interventions targeting work-related well-being, as (...) well as assess the methodological quality of relevant studies. Eligible articles were identified from research databases including ProQuest, PsycINFO, Science Direct, and Google Scholar. The quality of non-randomized trials and randomized controlled trials was assessed using the Newcastle-Ottawa Scale and the Quality Assessment Table, respectively. The literature search yielded 3,387 titles from which ten studies met the inclusion criteria. All ten studies reported promising effects of self-compassion training for work-related well-being. The methodological quality of these studies was medium. All ten studies recruited workers in a caring field and were mostly conducted in Western countries. The Self-Compassion Scale or its short-form was used in almost all instances. Findings indicate that self-compassion training can improve self-compassion and other work-related well-being outcomes in working populations. However, in general, there is need for greater methodological quality in work-related self-compassion intervention studies to advance understanding regarding the applications and limitations of this technique in work contexts. Furthermore, future studies should focus on a broader range of employee groups, including non-caring professions as well as individuals working in non-Western countries. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

ABSTRACT The arising of war is almost inevitable within human societies, and IHL seeks to regulate its conduct as far as possible. According to Buddhism, mental defilements are the roots of conflict, so from the viewpoint of Dhamma, awareness of them is imperative if suffering is to be effectively reduced. The aim of this study is to examine the utility of Buddhist teachings in ensuring the humane treatment, without adverse distinctions, of those caught up in war, by the development of (...) self-control, self-discipline and responsibility. The Vepacitti Sutta describes the ideal mental qualities that are required to do this, and we point out the practical implications of those qualities, as explained in the Mahācattārīsaka Sutta. Our argument is that cultivating the mind according to the practical path that we introduce is conducive to self-control, discipline and responsibility during a war with respect to international humanitarian law (IHL), and particularly with respect to non-combatants. (shrink)

TO the egoist the ultimate justification of his acts lies in their being conducive of his personal interest. This refusal to submit his own interests to any moral test beyond themselves in their interrelations and prospects of fulfillment makes the egoist the object of fierce attack. The non-egoist is supposed to be always ready to question the ultimacy of his own interests. Even where he pursues them, it is because on some other basis-general happiness or duty or anything else-he thinks (...) it right for a man in such circumstances to follow self-interest or give free play to inclination. (shrink)

The quest for self knowledge is pervasive in indian thought and is a central concern of advaita vedanta--The non-Dualistic system expounded primarily by samkara. The article explicates the advaitic conception of the self in its two primary dimensions: self and the empirical self. Arguments used to demonstrate the supreme self are critically appraised and the various theories which seek to explain the relation that obtains between the supreme self and the empirical self are (...) examined. The advaitic analysis of the empirical self is interpreted to be a "phenomenology of consciousness." it is argued that advaita vedanta does not so much explain the self as it describes the process by which we come to believe that it exists. The four levels of consciousness identified by advaita are then analyzed in terms of their respective ontological contexts and epistemological contents. (shrink)

Decoupling a modestly construed Narrative Self Shaping Hypothesis from Strong Narrativism this paper attempts to motivate devoting our intellectual energies to the former. Section one briefly introduces the notions of self-shaping and rehearses reasons for thinking that self-shaping, in a suitably tame form, is, at least to some extent, simply unavoidable for reflective beings. It is against this background that the basic commitments of a modest Narrative Self-Shaping Hypothesis are articulated. Section two identifies a foundational commitment—the (...) central tenet—of all Strong Narrativist proposals, those that posit a necessary link between narrative self-shaping and narrative self-experience. As will be shown, in the hands of Strong Narrativists the latter notion is unpacked in stronger or weaker ways by appeal to the notion of implicit Narrativizing. Section three reminds the reader of Strawson’s challenge to Strong Narrativism. It is revealed that Strawson’s objections are most effective if they target Strong Narrativism’s central tenet construed as a phenomenological revelation about what is necessary for self-experience and not merely the psychological Narrativity thesis, construed as an empirical hypothesis about typical Narrativizing proclivities. Having set the stage, section four critically examines two different strategies, pursued by Rudd and Schechtman respectively, for escaping the horns Strawson’s dilemma poses for Strong Narrativism. In the end both strategies invoke the notion of implicit Narrativizing at a crucial juncture. Section five reveals that a substantive proposal about what implicit Narrativizing might be is lacking, hence we have no reason to believe that it actually occurs. It is concluded that, as things stand, Strong Narrativism has no way of avoiding the horns of Strawson’s dilemma. Brief concluding remarks in the final section are a reminder why, despite their modesty, softer versions of the NSSH—when coupled with a developmental proposal about the narrative basis of our folk psychological competence—are non-trivial and worthy of further development and investigation. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

I draw on my experiences of passing as non-disabled to explain how a disabled person can hide his disability, why he might do so, and what costs and risks he and others might face along the way. Passing as non-disabled can bring greater social acceptance and inclusion in joint-projects, an enhanced sense of belonging, pride and of self-worth, and an easier time forming and maintaining personal relationships. Yet hiding one’s disability can also undermine some of these same values when (...) doing so, for example, prevents someone from living up to normal social expectations or from sharing important aspects of himself with others. Hiding a disability can also interfere with a person’s self-respect, self-acceptance, integrity, and self-development. Although the chapter does not take a stand on whether hiding a disability is, overall, prudent, wise or morally justified, it draws out some lessons about disability from why someone might want to hide it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 719 An Apology for Apologetics: A Study in the Logic of lnterreligious Dialogue. By PAUL J. GRIFFITHS. New York: Orbis, 1991. ISBN: 0 88344 761 4. pp. 113. Jesus Christ at the Encounter of World Religions. By J. DUPUIS. New York: Orbis, 1991 (ET: Robert R. Barr, from French, 1989). ISBN: 0 88344 723 1. pp. 301. Griffiths presents a rigorous argument for the possibility of con· (...) tradictory claims between different religious communities. His inspira· tion, as he acknowledges, is William Christian Snr. His basic argu· ment is: " If representative intellectuals belonging to some specific religious community come to judge at a particular time that some or all of their own doctrine-expressing sentences are incompatible with some alien religious claim(s), then they should feel obliged to engage in both positive and negative apologetics vis-a-vis these alien religious claim(s) and their promulgators" (3). He takes negative apologetics to be a critique of arguments made against one's own religious claims, showing that such arguments fail or are inconsistent or incoherent. Positive apologetics shows how a particular religious community's doctrines are cognitively superior, in some respect(s), to another religious community 's doctrines. It is essential for this enterprise that only methods of argumentation and criteria of knowledge acceptable to the adversary are employed. This requires the acceptance of natural theology. Griffiths is well aware of the lion's den he is entering, as his proposals run counter to much scholarship in the area of interreligious dialogue, so he spends three chapters apologetically tackling the lions. The objectors (who mainly remain in notes) include Derrida, Barthes, Winch, Lindbeck, Hick, Huxley, Nasr, Plantinga and others, although Mac· Intyre is curiously missing. This technique has the advantage of isolating and presenting arguments, without falling into problems of cor· rect exegesis of opponents. And this is also its weakness, as objectors will sometimes feel caricatured or misunderstood-as is surely the case with Plantinga and in one instance, Hick. First, he tackles objections that sentences from one tradition are either incomprehensible or incommensurable with those of another, convincingly showing that the strong versions of both claims are self· defeating and unsustainable. Weaker versions still allow for his proj· ect-or so he thinks. This is where Maclntyre's work should have been considered. Then he tackles various theories of religious language (following Lindbeck's typology). He argues against non-cognitive accounts that reduce beliefs to the credibility of causes for holding beliefs, a position incapable of asserting its truth over other views because of its 720 BOOK REVIEWS own presuppositions. He follows Lindbeck in criticizing experiental expressivism, and then turns upon Lindbeck's own form of rule theory (which is ambivalent regarding cognitive claims), arguing convincingly that to suggest that only sentences uttered confessionally and with performative function can possess ontological truth is confused (42). In a brief review it is not possible to rehearse Griffiths's careful argumentation. Griffiths then sets about tackling two types of universalists: Hick and Huxley. Of Hick, he argues that some criteria are required to discern true from false religions (e.g. Jim Jones) and in so doing such a position needs to support and develop such criteria, thereby effectively introducing apologetics. He neglects to deal with Hick's pragmatic criteria of beneficial ' fruits ' evident in adherents, but the logic of his argument can be applied to Hick's proposals. Using Katz and Zaehner, he argues against the esoteric universalism of the philosophia perennis. (The arguments of Robert Forman's recent book, The Problems of Pure Consciousness, are strangely neglected, despite Griffiths's being a contributor to that collection.) Finally, he tackles objections against positive apologetics-first, on the grounds that it has a negative effect on interreligious relations. Logically, this need not be the case, although Griffiths is well aware that the political context of apologetics can obscure its proper goal: deeper critical understanding, learning and problem solving. Then, in sustained dialogue with Plantinga, he argues against the objection that success is impossible. It is impossible only if " knockdown drag-out" (64) argumentative victory is expected. Griffiths suggests the cumulative -case argument and gives instances of such successful apologetics (medieval... (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Fundamental problems of the uses of formal techniques and of natural and instrumental practices have been raised again and again these past two decades, in many quarters and from varying viewpoints. We have brought a number of quite basic studies of these issues together in this volume, not linked con ceptually nor by any rigorously defined problematic, but rather simply some of the most interesting and even provocative of recent research accomplish ments. Most of these papers are derived from the (...) Boston Colloquium for the Philosophy of Science during 1973-80, the two exceptions being those of Karel Berka (on scales of measurement) and A. A. Zinov'ev (on a non-tradi tional theory of quantifiers). Just how intriguing these results (or conjectures?) seem to us may be seen from some brief quotations: (1) Judson Webb: ".... the abstract machine concept has many of the appropriate kinds of properties for modelling living, reproducing, rule following, self-reflecting, accident-prone, and lucky creatures... the a priori logical results relevant to the abstract machine concept, above all Godel's, could not conceivably have turned out any better for the mechanist. " (2) M. L. Dalla Chiara: "... modal interpretation (of quantum logic) shows clearly that it possesses a logical meaning which is quite independent of quantum mechanics. " (3) Isaac Levi: (as against Peirce and Popper) "... infallibilism is con sistent with corrigibilism, and a view which respects avoidance of error is an important desideratum for science. (shrink)