Mitchell Franklin's contributions to American legal thought were in large part the result of his devotion to the study of the United States' Romanist legal heritage. A leading theme of his work is that the Roman legal tradition presents more promising prospects for progressive legal developments than the Anglo-American common law tradition. Thus, Franklin became an advocate of Roman-style codification of American law which began with the American revolution and has continued. His Romanist position sharply distinguished Franklin from almost all (...) American jurists of this century, even those considered liberal and progressive. Thus, Franklin criticized Holmes for his Anglophilic Humean1 conceptions of law and judicial hegemony. (shrink)

I temi della corporeità, della sporcizia, della materialità, in una ricerca esasperata di realismo.

Il dibattito bioetico sulla regolamentazione delle decisioni di fine vita riceve per lo piů impulso da casi individuali che vengono portati all'attenzione dell'opinione pubblica. Il ruolo che hanno avuto per gli Stati Uniti le vicende biografiche di Nancy Cruzan e di Terry Schiavo č stato svolto in Italia da Piergiorgio Welby ed Eluana Englaro. Le vicende giudiziarie hanno trovato difficoltÀ a essere decise perché la legge si č rivelata inadeguata ad attribuire significati univoci a concetti come ‘accanimento terapeutico' e (...) ‘trattamenti futili'. Il dibattito č stato ulteriormente complicato dall'uso di immagini e da emozioni. La ricerca di una legge condivisa ha trovato in Italia un ostacolo nella contrapposizione di atteggiamenti irriducibili. Il condizionamento piů negativo sembra essere l'intento di fare una legge ‘contro' una delle posizioni ideologiche in gioco. (shrink)

Il dibattito bioetico sulla regolamentazione delle decisioni di fine vita ri­ce­ve per lo più impulso da casi individuali che vengono portati all’attenzione del­l’opinione pubblica. Il ruolo che hanno avuto per gli Stati Uniti le vi­cende biografiche di Nancy Cruzan e di Terry Schiavo è sta­to svolto in Ita­lia da Piergiorgio Welby ed Eluana Englaro. Le vicende giudiziarie hanno tro­­vato difficoltà a essere decise perché la legge si è rivelata inadeguata ad at­tribuire significati univoci a concetti come ‘accanimento terapeutico’ e (...) ‘trat­tamenti futili’. Il dibattito è stato ul­te­riormente complicato dall’uso di im­magini e da emozioni. La ricerca di una legge condivisa ha trovato in Ita­lia un ostacolo nella contrapposizione di atteggiamenti irriducibili. Il con­di­zio­­namento più negativo sembra essere l’intento di fare una legge ‘contro’ una delle posizioni ideo­logiche in gioco.The bioethical debate concerning regulations of end-of-life decisions has star­ted mainly from the analysis of individual cases, since these cases usually draw public attention. In the United States the life-stories of Nancy Cru­zan and Terry Schiavo have played an important role, whereas in Italy we have been focusing on the cases of Piergiorgio Welby and Eluana En­glaro. In all these cases the laws of the country have proved inadequate to de­fine the meaning of ‘futile medical care’. The debate has become even mo­re complicated because of intellectual and emotional implications. In Ita­ly the pursuit of an agreement from the legal point of view has found ma­ny obstacles and has basically displayed strongly conflicting views. The main problem in the Italian case seems to be the pursuit of an impartial law, nei­ther favouring nor contrasting one of the views at stake. (shrink)

With the Science of Logic, Hegel poses a radical challenge to philosophy: a self-presentation of thought that, by not assuming anything outside itself, achieves its self-knowledge. From the possibility of such a project depends that of the autonomy of thought, that is, of a thought that gives itself its own law.Some classical readings consider this enterprise to be unsuccesful or not to be fully accomplished in the Logic. According to Dieter Henrich, Hegel's Logic would fall into a circle, because would (...) be burdened by the presupposition of the structure of thought itself, which should rather result from the logical process. For Robert B. Pippin or Terry Pinkard, instead, the instance of autonomy of thought would be realized not in the logic, but only at the level of the spirit.In contrast to such interpretations, we will try to show that precisely in the Logic the thought determines itself as autonomous. In its self-presentation thought, that has itself as its object, produces its own structures, which are not prior to the movement. And once it has come to know itself as such a process, thought ceases to presuppose itself as an object and poses its own form for itself. (shrink)

A provocative ontological-cum-semantic position asserting that the right ontology is austere in its exclusion of numerous common-sense and scientific posits and that many statements employing such posits are nonetheless true. The authors of Austere Realism describe and defend a provocative ontological-cum-semantic position, asserting that the right ontology is minimal or austere, in that it excludes numerous common-sense posits, and that statements employing such posits are nonetheless true, when truth is understood to be semantic correctness under contextually operative semantic standards. Terence (...) Horgan and Matjaz Potrc argue that austere realism emerges naturally from consideration of the deep problems within the naive common-sense approach to truth and ontology. They offer an account of truth that confronts these deep internal problems and is independently plausible: contextual semantics, which asserts that truth is semantically correct affirmability. Under contextual semantics, much ordinary and scientific thought and discourse is true because its truth is indirect correspondence to the world. After offering further arguments for austere realism and addressing objections to it, Horgan and Potrc consider various alternative austere ontologies. They advance a specific version they call "blobjectivism"--the view that the right ontology includes only one concrete particular, the entire cosmos, which, although it has enormous local spatiotemporal variability, does not have any proper parts. The arguments in Austere Realism are powerfully made and concisely and lucidly set out. The authors' contentions and their methodological approach--products of a decade-long collaboration--will generate lively debate among scholars in metaphysics, ontology, and philosophy. (shrink)

Metaethics, understood as a distinct branch of ethics, is often traced to G. E. Moore's 1903 classic, Principia Ethica. Whereas normative ethics is concerned to answer first order moral questions about what is good and bad, right and wrong, metaethics is concerned to answer second order non-moral questions about the semantics, metaphysics, and epistemology of moral thought and discourse. Moore has continued to exert a powerful influence, and the sixteen essays here represent the most up-to-date work in metaethics after, and (...) in some cases directly inspired by, the work of Moore. (shrink)

In his 1958 seminal paper “Saints and Heroes”, J. O. Urmson argued that the then dominant tripartite deontic scheme of classifying actions as being exclusively either obligatory, or optional in the sense of being morally indifferent, or wrong, ought to be expanded to include the category of the supererogatory. Colloquially, this category includes actions that are “beyond the call of duty” (beyond what is obligatory) and hence actions that one has no duty or obligation to perform. But it is a (...) controversial category. Some have argued that the concept of supererogation is paradoxical because on one hand, supererogatory actions are (by definition) supposed to be morally good, indeed morally best, actions. But then if they are morally best, why aren't they morally required, contrary to the assumption that they are morally optional? In short: how can an action that is morally best to perform fail to be what one is morally required to do? The source of this alleged paradox has been dubbed the ‘good-ought tie-up’. In our article, we address this alleged paradox by first making a phenomenological case for the reality of instances of genuine supererogatory actions, and then, by reflecting on the relevant phenomenology, explaining why there is no genuine paradox. Our explanation appeals to the idea that moral reasons can play what we call amerit conferring role. The basic idea is that moral reasons that favor supererogatory actions function to confer merit on the actions they favor—they play a merit conferring role—and can do without also requiring the actions in question. Hence, supererogatory actions can be both good and morally meritorious to perform yet still be morally optional. Recognition of a merit conferring role unties the good-ought tie up, and (as we further argue) there are good reasons, independent of helping to resolve the alleged paradox, for recognizing this sort of role that moral reasons may play. (shrink)

According to rationalism regarding the psychology of moral judgment, people’s moral judgments are generally the result of a process of reasoning that relies on moral principles or rules. By contrast, intuitionist models of moral judgment hold that people generally come to have moral judgments about particular cases on the basis of gut-level, emotion-driven intuition, and do so without reliance on reasoning and hence without reliance on moral principles. In recent years the intuitionist model has been forcefully defended by Jonathan Haidt. (...) One important implication of Haidt’s model is that in giving reasons for their moral judgments people tend to confabulate – the reasons they give in attempting to explain their moral judgments are not really operative in producing those judgments. Moral reason-giving on Haidt’s view is generally a matter of post hoc confabulation. Against Haidt, we argue for a version of rationalism that we call ‘morphological rationalism.’ We label our version ‘morphological’ because according to it, the information contained in moral principles is embodied in the standing structure of a typical individual’s cognitive system, and this morphologically embodied information plays a causal role in the generation of particular moral judgments. The manner in which the principles play this role is via ‘proceduralization’ – such principles operate automatically. In contrast to Haidt’s intuitionism, then, our view does not imply that people’s moral reason-giving practices are matters of confabulation. In defense of our view, we appeal to what we call the ‘nonjarring’ character of the phenomenology of making moral judgments and of giving reasons for those judgments. (shrink)

Existence monism is defended against priority monism. Schaffer's arguments for priority monism and against pluralism are reviewed, such as the argument from gunk. The whole does not require parts. Ontological vagueness is impossible. If ordinary objects are in the right ontology then they are vague. So ordinary objects are not included in the right ontology; and hence thought and talk about them cannot be accommodated via fully ontological vindication. Partially ontological vindication is not viable. Semantical theorizing outside the ontology room (...) and semantical theorizing in the doorway. Existence monism is theoretically preferable to priority monism. (shrink)

Mindfulness-based interventions (MBIs) are being actively implemented in a wide range of fields – psychology, mind/body health care and education at all levels – and there is growing evidence of their effectiveness in aiding present-moment focus, fostering emotional stability, and enhancing general mind/body well-being. However, as often happens with popular innovations, the burgeoning interest in and appeal of mindfulness practice has led to a reductionism and commodification – popularly labelled ‘McMindfulness’ – of the underpinning principles and ethical foundations of such (...) practice which threatens to subvert and militate against the achievement of the original aims of MBIs in general and their educational function in particular. It is argued here that mindfulness practice needs to be organically connected to its spiritual roots if the educational benefits of such practice are to be fully realised. (shrink)

In "Milk, Honey, and the Good Life on Moral Twin Earth", David Copp explores some ways in which a defender of synthetic moral naturalism might attempt to get around our Moral Twin Earth argument. Copp nicely brings out the force of our argument, not only through his exposition of it, but through his attempt to defeat it, since his efforts, we think, only help to make manifest the deep difficulties the Moral Twin Earth argument poses for the synthetic moral naturalist.

Moral phenomenology is concerned with the elements of one's moral experiences that are generally available to introspection. Some philosophers argue that one's moral experiences, such as experiencing oneself as being morally obligated to perform some action on some occasion, contain elements that (1) are available to introspection and (2) carry ontological objectivist purportargument from phenomenological introspection.neutrality thesisthe phenomenological data regarding one's moral experiences that is available to introspection is neutral with respect to the issue of whether such experiences carry ontological (...) objectivist purport. (shrink)

Moral phenomenology is (roughly) the study of those features of occurrent mental states with moral significance which are accessible through direct introspection, whether or not such states possess phenomenal character – a what-it-is-likeness. In this paper, as the title indicates, we introduce and make prefatory remarks about moral phenomenology and its significance for ethics. After providing a brief taxonomy of types of moral experience, we proceed to consider questions about the commonality within and distinctiveness of such experiences, with an eye (...) on some of the main philosophical issues in ethics and how moral phenomenology might be brought to bear on them. In discussing such matters, we consider some of the doubts about moral phenomenology and its value to ethics that are brought up by Walter Sinnott-Armstrong and Michael Gill in their contributions to this issue. (shrink)

This paper is predicated on the understanding that clinical encounters between clinicians and patients should be seen primarily as inter-relations among persons and, as such, are necessarily moral encounters. It aims to relocate the discussion to be had in challenging medical decision-making situations, including, for example, as the end of life comes into view, onto a more robust moral philosophical footing than is currently commonplace. In our contemporary era, those making moral decisions must be cognizant of the existence of perspectives (...) other than their own, and be attuned to the demands of inter-subjectivity. Applicable to clinical practice, we propose and justify a Habermasian approach as one useful means of achieving what can be described as dialogic consensus. The Habermasian approach builds around, first, his discourse theory of morality as universalizable to all and, second, communicative action as a cooperative search for truth. It is a concrete way to ground the discourse which must be held in complex medical decision-making situations, in its actual reality. Considerations about the theoretical underpinnings of the application of dialogic consensus to clinical practice, and potential difficulties, are explored. (shrink)

Is conceptual relativity a genuine phenomenon? If so, how is it properly understood? And if it does occur, does it undermine metaphysical realism? These are the questions we propose to address. We will argue that conceptual relativity is indeed a genuine phenomenon, albeit an extremely puzzling one. We will offer an account of it. And we will argue that it is entirely compatible with metaphysical realism. Metaphysical realism is the view that there is a world of objects and properties that (...) is independent of our thought and discourse (including our schemes of concepts) about such a world. Hilary Putnam, a former proponent of metaphysical realism, later gave it up largely because of the alleged phenomenon that he himself has given the label ‘conceptual relativity’. One of the key ideas of conceptual relativity is that certain concepts—including such fundamental concepts as object, entity, and existence—have a multiplicity of different and incompatible uses (Putnam 1987, p. 19; 1988, pp. 110 14). According to Putnam, once we recognize the phenomenon of conceptual relativity we must reject metaphysical realism: The suggestion . . . is that what is (by commonsense standards) the same situation can be described in many different ways, depending on how we use the words. The situation does not itself legislate how words like “object,” “entity,” and “exist” must be used. What is wrong with the notion of objects existing “independently” of conceptual schemes is that there are no standards for the use of even the logical notions apart from conceptual choices.” (Putnam 1988, p. 114) Putnam’s intriguing reasoning in this passage is difficult to evaluate directly, because conceptual [1] relativity is philosophically perplexing and in general is not well understood. In this paper we propose a construal of conceptual relativity that clarifies it considerably and explains how it is possible despite its initial air of paradox. We then draw upon this construal to explain why, contrary to Putnam and others, conceptual relativity does not conflict with metaphysical realism, but in fact comports well with it.. (shrink)

The hypothesis of the mental state-causation of behavior asserts that the behaviors we classify as actions are caused by certain mental states. A principal reason often given for trying to secure the truth of the MSC hypothesis is that doing so is allegedly required to vindicate our belief in our own agency. I argue that the project of vindicating agency needs to be seriously reconceived, as does the relation between this project and the MSC hypothesis. Vindication requires addressing what I (...) call the agent-exclusion problem: the prima facie incompatibility between the intentional content of agentive experience and certain metaphysical hypotheses often espoused in philosophy. (shrink)

Causal compatibilism claims that even though physics is causally closed, and even though mental properties are multiply realizable and are not identical to physical causal properties, mental properties are causal properties nonetheless. This position asserts that there is genuine causation at multiple descriptive/ontological levels; physics-level causal claims are not really incompatible with mentalistic causal claims. I articulate and defend a version of causal compatibilism that incorporates three key contentions. First, causation crucially involves robust patterns of counterfactual dependence among properties.Second, often (...) several distinct such patterns, all subsuming a single phenomenon, exist at different descriptive/ontological levels (e.g., microphysical, neurobiological, macrobiological, and psychological). Third, the concept of causation is governed by an implicit contextual parameter that normally determines a specific descriptive/ontological level as the contextually relevant level, for the context-sensitive semantic evaluation of causal statements. (shrink)

I maintain, in defending “thirdism,” that Sleeping Beauty should do Bayesian updating after assigning the “preliminary probability” 1/4 to the statement S: “Today is Tuesday and the coin flip is heads.” (This preliminary probability obtains relative to a specific proper subset I of her available information.) Pust objects that her preliminary probability for S is really zero, because she could not be in an epistemic situation in which S is true. I reply that the impossibility of being in such an (...) epistemic situation is irrelevant, because relative to I, statement S nonetheless has degree of evidential support 1/4. (shrink)

We present a new argument for the claim that in the Sleeping Beauty problem, the probability that the coin comes up heads is 1/3. Our argument depends on a principle for the updating of probabilities that we call ‘generalized conditionalization’, and on a species of generalized conditionalization we call ‘synchronic conditionalization on old information’. We set forth a rationale for the legitimacy of generalized conditionalization, and we explain why our new argument for thirdism is immune to two attacks that Pust (...) (Synthese 160:97–101, 2008) has leveled at other arguments for thirdism. (shrink)

Inspired and informed by the work of Russ Hurlburt and Eric Schwitzgebel in their 'Describing Inner Experience', we do two things in this commentary. First, we discuss the degree of reliability that introspective methods might be expected to deliver across a range of types of experience. Second, we explore the phenomenology of agency as it bears on the topic of free will. We pose a number of poten-tial problems for attempts to use introspective methods to answer var-ious questions about the (...) phenomenology of free-will experience -- questions such as this: does such experience have metaphysical-liber-tarian satisfaction conditions? We then discuss the prospects for over-coming some of these problems via approaches such as Hurlburt's DES methodology, the so-called 'talk aloud' protocol, and forms of abduction that combine introspection with non-introspection-based forms of evidence. (shrink)

In Chapters 4 and 5 of his 1998 book From Metaphysics to Ethics: A Defence of Conceptual Analysis, Frank Jackson propounds and defends a form of moral realism that he calls both ‘moral functionalism’ and ‘analytical descriptivism’. Here we argue that this metaethical position, which we will henceforth call ‘analytical moral functionalism’, is untenable. We do so by applying a generic thought-experimental deconstructive recipe that we have used before against other views that posit moral properties and identify them with certain (...) natural properties, a recipe that we believe is applicable to virtually any metaphysically naturalist version of moral realism. The recipe deploys a scenario we call Moral Twin Earth. (shrink)

In his 2013 Theoria article, “Unreliable Intuitions: A New Reply to the Moral Twin-Earth Argument,” Jorn Sonderholm attempts to undermine our moral twin earth argument against Richard Boyd's moral semantics by debunking the semantic intuitions that are prompted by reflection on the thought experiment featured in the MTE argument. We divide our reply into three main sections. In section 1, we briefly review Boyd's moral semantics and our MTE argument against this view. In section 2, we set forth what we (...) take to be Sonderholm's master debunking argument, along with his proposed Boydian explanation of the semantic intuitions he seeks to debunk. Then in section 3, we mount our defence of the semantic intuitions under scrutiny, arguing on abductive grounds that, contrary to Sonderholm, the semantic intuitions generated by reflection on MTE scenarios are to be trusted in evaluating the plausibility of Boydian moral semantics. Section 4 is our summary and conclusion. (shrink)

The philosophical account of vagueness I call "transvaluationism" makes three fundamental claims. First, vagueness is logically incoherent in a certain way: it essentially involves mutually unsatisfiable requirements that govern vague language, vague thought-content, and putative vague objects and properties. Second, vagueness in language and thought (i.e., semantic vagueness) is a genuine phenomenon despite possessing this form of incoherence—and is viable, legitimate, and indeed indispensable. Third, vagueness as a feature of objects, properties, or relations (i.e., ontological vagueness) is impossible, because of (...) the mutually unsatisfiable conditions that such putative items would have to meet. In this paper I set forth the core claims of transvaluationism in a way that acknowledges and explicitly addresses a challenging critique by Timothy Williamson of my prior attempts to articulate and defend this approach to vagueness. I sketch my favored approach to truth and ontological commitment, and I explain how it accommodates the impossibility of ontological vagueness. I argue that any approach to the logic and semantics of vagueness that both (i) eschews epistemicism and (ii) thoroughly avoids positing any arbitrary sharp boundaries (either first-order or higher-order) will have to be not an alternative to transvaluationism but an implementation of it. I sketch my reasons for repudiating epistemicism. I briefly describe my current thinking about how to accommodate intentional mental properties with vague content within an ontology that eschews ontological vagueness. And I revisit the idea, which played a key role in my earlier articulations of transvaluationism, that moral conflicts provide an illuminating model for understanding vagueness. (shrink)