This paper explores Brian Orend's contribution to the just war tradition, specifically his proposed jus post bellum criteria and his idea of pre-commitment to jus in bello and jus post bellum as part of an expanded jus ad bellum criterion of right intention. The latter is based on his interpretation of Kant's work: that as part of the original decision to begin a war, a state should commit itself to certain rules of conduct and appropriate war termination, and if (...) it cannot so commit, it should not continue further down the path to using force. Orend's revised right intention brings jus post bellum ?into the fold? of the just war tradition, requiring that state obligations go beyond correct conduct in war. The article argues that whatever the nature of the just cause, there is a compelling argument for committing to jus in bello and jus post bellum as part of jus ad bellum right intention. The justness of the cause in the contemporary era requires strictness rather than leniency in the conduct and termination of war for a state to remain legitimate in the eyes of the world. In the context of Orend's proposals, this would require that states ?do their homework? and ?tie themselves to the mast?; this includes providing proof that the situation on the ground is understood, conducting a feasibility test on the proposed intervention and publicly identifying and committing to their obligations and responsibilities during and after war. Recognising the practical and political obstacles to adopting this idealistic revision of the just war tradition, the paper nevertheless concludes that Orend's contribution is significant and worthy of exploration: it offers a kernel of hope for counteracting pressures to lower the threshold of resort to force, delivering greater justice for the innocent victims of war and providing greater probability of durable peace post-war. (shrink)

“Benefit to the world” and “Heaven’s intent” are not, as is often assumed, separate criteria for action in Mozi’s 墨子 ethics; they are the same in extension but not intension. When Mozi speaks in terms of “Heaven’s intent,” it is to highlight the criterion’s retrospective orientation and its scope; taking a cue from Heaven’s reactions to past deeds, agents specify the scope of “the world” by reference to the past performance of persons regarding benefit to the world. This diverges (...) from a principle that is often attributed to Mozi, of considering the benefit of all equally without regard for past performance. (shrink)

In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more intuitively than (...) reflectively. Therefore, the aim of the article is to rationally reconstruct these theoretical insights with reference to the ideas of modern schools of legal philosophy. For this purpose the ideas of the theory of natural law are discussed. It is concluded that in legal practice two provisions of natural law are applied: legal decisions ought to be reasonable and must include existential ends (basic values). The evolution of the legal positivism is discussed in the article and it is concluded that legal positivism offers the criterions of the scientific character of legal science by framing the procedural rules of the democratic process of lawmaking. These rules anticipate such conditions: consensus concerning decision making; equal participation of all members of legal discourse confirming normative decisions; the acceptability of consequences after the realisation of normative decisions; the possibility to reaffirm normative decisions, if necessary. The ideas of virtue jurisprudence are discussed and it is claimed that virtue jurisprudence as a criterion of the scientific character of law proposes such theoretical position: the decisions concerning human rights must supply the value system (hierarchy) and the virtues which are formed and justified in the long legal tradition. The article represents the use of these criterions of the scientific character of legal science by Jurgen Habermas to debate about legal prohibition of the improvement of the human genome by using modern technologies of genome engineering in the Convention of Human Rights and Biomedicine (Oviedo, 1997). (shrink)

This paper aims to bring a novel approach to the discussion of unfair advantages in sport by looking for a local criterion of fairness instead of a universal criterion. A local criterion of fairness would not solve the general dispute over what counts as an unfair advantage, but it would be beneficial in evaluating specific cases and could guide further discussion about them. We seek a local criterion of fairness by comparing the specific property advantages of (...) Caster Semenya and Eero Mäntyranta. South African Semenya is a middle‐distance runner whose right to compete in the female category has been challenged owing to her assumed difference of sex development and related high level of testosterone. Finnish Mäntyranta was a cross‐country skier with an exceptionally high haematocrit level. We examine whether there is a relevant difference between their advantages that would justify treating the athletes differently. We propose that the criterion ‘not attainable by other athletes in the same category’ could stand as a local criterion of fairness under certain conditions. However, its proper application requires further discussion on how to justify categories in sport. (shrink)

This paper is concerned with the ′criterion of demarcation′ that Karl Popper put forward, while trying to show that it can be safely said that it is still standing. In doing so, I turn to two main objections to it: a Lakatos-Kuhn vision on the growth of science, and the famous Quine-Duhem thesis. The point that I hopefully made here is that the basic message of this prescriptive method is as respectful as ever, and, although not the subject of (...) this paper, for special emerging fields of knowledge, such us urbanism – my main field of interest, falsifiability can offer the right scientific attitude. (shrink)

According to a common view, sentience is necessary and sufficient for moral status. In other words, whether a being has intrinsic moral relevance is determined by its capacity for conscious experience. The _epistemic objection_ derives from our profound uncertainty about sentience. According to this objection, we cannot use sentience as a _criterion_ to ascribe moral status in practice because we won’t know in the foreseeable future which animals and AI systems are sentient while ethical questions regarding the possession of moral (...) status are urgent. Therefore, we need to formulate an alternative criterion. I argue that the epistemic objection is dissolved once one clearly distinguishes between the question what determines moral status and what criterion should be employed in practice to ascribe moral status. Epistemic concerns are irrelevant to the former question and—I will argue—criteria of moral status have inescapably to be based on sentience, if one concedes that sentience determines moral status. It follows that doubts about our epistemic access to sentience cannot be used to motivate an alternative criterion of moral status. If sentience turns out to be unknowable, then moral status is unknowable. However, I briefly advocate against such strong pessimism. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

In ‘An Almost Absolute Value in History’ John T. Noonan criticizes several attempts to provide a criterion for when an entity deserves rights. These criteria, he argues are either arbitrary or lead to absurd consequence. Noonan proposes human conception as the criterion of rights, and justifies it by appeal to the sharp shift in probability, at conception, of becoming a being possessed of human reason. Conception, then, is when abortion becomes immoral.The article has an historical and a philosophical (...) goal. The historical goal is to carefully present the probability argument in a charitable manner. The philosophical goal is to offer a unique criticism of Noonan's probability argument against abortion. I argue that, even on a very charitable reading of Noonan's argument for the conception criterion, this criterion is also susceptible to charges of arbitrariness and absurdity. Noonan's claim that probability shifts have anything to do with the moral rights of fetuses cannot be made coherent. I also show that there are problems with Noonan's assumptions about moral rights and the potential to become a being possessed of human reason. (shrink)

According to Locke’s Principle, material objects are identical if and only if they are of the same kind and once occupy the same place at the same time. There is disagreement about whether this principle is true, but what is seldom disputed is that, even if true, the principle fails to constitute an applicable criterion of identity. In this paper, I take issue with two arguments that have been offered in support of this claim by arguing (i) that we (...) can have knowledge of past whereabouts, and so verify the right hand side of Locke’s Principle, without having to assess concrete identity claims first; (ii) that even under conditions of incomplete knowledge of past whereabouts we can use Locke’s Principle to decide concrete identity problems. (shrink)

Conceived of as a contender to other theories in substantive ethics, virtue ethics is often associated with, in essence, the following account or criterion of right action: VR: An action A is right for S in circumstances C if and only if a fully virtuous agent would characteristically do A in C. There are serious objections to VR, which take the form of counter-examples. They present us with different scenarios in which less than fully virtuous persons would be acting (...) rightly in doing what no fully virtuous agent would characteristically do in the circumstances. In this paper, various proposals for how to revise VR in order to avoid these counter-examples are considered. I will argue that in so far as the revised accounts really do manage to steer clear of the counter-examples to VR, something which it turns out is not quite true for all of them, they instead fall prey to other damaging objections. I end by discussing the future of virtue ethics, given what has come to light in the previous sections of the paper. In particular, I sketch the outlines of a virtue ethical account of rightness that is structurally different from VR. This account also faces important problems. Still, I suggest that further scrutiny is required before we are in a position to make a definitive decision about its fate. (shrink)

As my title implies, I think the verifiability criterion is indeed a criterion of something. I do not intend, therefore, merely to commemorate it. On the other hand I am not sure that those who put it forward in its more liberal forms as a criterion of ‘factual significance’ or ‘literal meaningfulness’ were right in what they identified as the consequence of a sentence's failing to satisfy it. What I want to argue for, in a somewhat reductionist (...) spirit, is a resurrected version of the ‘weak’ verifiability criterion. My resurrected version will certainly appear more rarefied, in so far as it is independent of empiricism. It will, I hope, also be purified of some of the mortal blemishes from which the criterion, as construed by members of the Vienna Circle, seems not to have recovered. (shrink)

As my title implies, I think the verifiability criterion is indeed a criterion of something. I do not intend, therefore, merely to commemorate it. On the other hand I am not sure that those who put it forward in its more liberal forms as a criterion of ‘factual significance’ or ‘literal meaningfulness’ were right in what they identified as the consequence of a sentence's failing to satisfy it. What I want to argue for, in a somewhat reductionist (...) spirit, is a resurrected version of the ‘weak’ verifiability criterion. My resurrected version will certainly appear more rarefied, in so far as it is independent of empiricism. It will, I hope, also be purified of some of the mortal blemishes from which the criterion, as construed by members of the Vienna Circle, seems not to have recovered. (shrink)

In the Phenomenology Hegel insists there are no presupposed standards of truth: standards are internal. "Consciousness provides its own criterion from within itself, so that the investigation becomes a comparison of consciousness with itself"(PhdG 84). We need only contemplate "the matter in hand as it is in and for itself"(PhdG 84). The Phenomenology is a characterisation of consciousness taking on increasingly adequate forms, testing its own internal standards against experience. The Philosophy of Right is a search for right, not, (...) as in the Phenomenology, for the reality of cognition; but one of the methods Hegel adopts and which helps make sense of the structure of Philosophy of Right is the method he uses in the Phenomenology. This paper offers an alternative, though not necessarily conflicting, interpretation to that given in recent accounts of Philosophy of Right that emphasize its "logical spirit." While the phenomenological account is not necessarily incompatible with these others, it will point to a nonfoundational interpretation of Hegel's phenomenological method that is. (shrink)

ABSTRACTThe jus ad bellum criterion of right intention is a central guiding principle of just war theory. It asserts that a country’s resort to war is just only if that country resorts to war for the right reasons. However, there is significant confusion, and little consensus, about how to specify the CRI. We seek to clear up this confusion by evaluating several distinct ways of understanding the criterion. On one understanding, a state’s resort to war is just only (...) if it plans to adhere to the principles of just war while achieving its just cause. We argue that the first understanding makes the CRI superfluous, because it can be subsumed under the probability of success criterion. On a second understanding, a resort to war is just only if a state’s motives, which explain its resort to war, are of the right kind. We argue that this second understanding of the CRI makes it a significant further obstacle to justifying war. However, this second understanding faces a possible infinite regress problem, wh... (shrink)

This article attempts to defend Kwame Gyekye’s moderate communitarianism (MC) from the trenchant criticism that it is as defective as radical communitarianism (RC) since they both fail to take rights seriously. As part of my response, I raise two critical questions. Firstly, I question the supposition in the literature that there is such a thing as radical communitarianism. I point out that talk of radical communitarianism is tantamount to attacking a “straw-man.” Secondly, I question the efficacy of the criticism that (...) MC does not take rights seriously, given that there is no account of what it means to take rights seriously in the African tradition. This criticism, insofar as it does not specify a criterion of what it means to take rights seriously, remains defective. The central contribution of this article is to call our attention to the fact that the intellectual culture of rights will surely be affected by Afro-communitarianism, which emphasises our duties to all. (shrink)

In this paper I compare different criteria for moral status, and assess Regan's notion of a "subject of a life".

This chapter contains section titled: The Criteria of State Conduct Against Realism and Natural Law The Kantian Inheritance Rawls's Debt to Rousseau ‐ the Third Criterion Conclusion Notes.

Ki Su Kim; J. S. Mill's Concept of Maturity as the Criterion in Determining Children's Eligibility for Rights, Journal of Philosophy of Education, Volume 24, Is.

While philosophers have been debating for decades on whether different entities—including severely disabled human beings, embryos, animals, objects of nature, and even works of art—can legitimately be considered as having moral status, this question has gained a new dimension in the wake of artificial intelligence (AI). One of the more imminent concerns in the context of AI is that of the moral rights and status of social robots, such as robotic caregivers and artificial companions, that are built to interact with (...) human beings. In recent years, some approaches to moral consideration have been proposed that would include social robots as proper objects of moral concern, even though it seems unlikely that these machines are conscious beings. In the present paper, I argue against these approaches by advocating the “consciousness criterion,” which proposes phenomenal consciousness as a necessary condition for accrediting moral status. First, I explain why it is generally supposed that consciousness underlies the morally relevant properties (such as sentience) and then, I respond to some of the common objections against this view. Then, I examine three inclusive alternative approaches to moral consideration that could accommodate social robots and point out why they are ultimately implausible. Finally, I conclude that social robots should not be regarded as proper objects of moral concern unless and until they become capable of having conscious experience. While that does not entail that they should be excluded from our moral reasoning and decision-making altogether, it does suggest that humans do not owe direct moral duties to them. (shrink)

An argument is examined and defended for extending basic moral rights to animals which assumes that humans, including infants and the severely mentally enfeebled, have such rights. It is claimed that this argument proceeds on two fronts, one critical, where proposed criteria of right-possession are rejected, the other constructive, where proposed criteria are examined with a view to determining the most reasonable one. This form of argument is defended against the charge that it is self-defeating, various candidates for the title, (...) 'most reasonable criterion of right-possession', are critically examined, and it is argued that this criterion is to be found in the notion of inherent value: What underlies the ascription of rights to any given x is that x has value logically independently of anyone's valuing x; thus, to treat x as if x had value only if or as it served one's interests, etc., is to violate x 's rights. It is argued that many animals, owing to their being subjects of a life that is more or less valuable for them logically independently of the interests of others, can satisfy this criterion and therefore have certain basic moral rights, if humans, including the severely mentally enfeebled, do. Finally, the question, What basic moral rights do animals have? is explored. (shrink)

During the course of life, it is common to make some decisions that prove to be correct. Some of these choices are made without a specific reason, but only out of habit or intuitively, while others are based on judgments and motivations. However, when we claim that a decision is “right”, what kind of judgment are we referring to? On the one hand, the term “right” (or “wrong”) often refers to abstract norms. Usually, truth and falsehood serve as criteria in (...) these cases. In such situations, judgments about what is “right” or “wrong” depend strictly on an accurate rational evaluation, which is instrumental in guiding individuals to undertake or avoid certain actions. On the other hand, there is a sense of justice that concerns ethics and values. In these circumstances, a decision is generally considered “right” if it is based on a criterion of judgment that allows individuals to make a decision freely, without being bound by an abstract norm, but rather by elaborating the choice as the realization of what they consider good and just. In this paper will examine and redefine the concept of “right choice”, acknowledging the above mentioned dual nature of its meaning. It will be argued there is a link between what abstract norms dictate to do, in order to reach a formally correct decision, and what, instead, depends on merely reasons and attitudes. This connection is indeed ensured by wise decisions. (shrink)

The right to resist and the right to rebel have again become relevant as legal problems. Their justifications traditionally derive from natural law, human rights, the principle of the lesser evil or of the social contract. Interpretation of the right to resist expresses the tendencies to the law of people, in particular, the right to self-determination, distinguishing national and international understanding, and underscores the special nature of such right. Also, two-level research of the right to resist should be distinguished research (...) of the right to resist – the first is a debate about the nature character and legislative consolidation of this right, partly focused on preventive-limiting its properties, whereas the second one is updated at the time of social upheaval and legal concerns, and it contains not only the evaluation of the events, but sometimes attempts to justify ex post risk of abuse and original post-legitimation of public authorities. An important condition for the existence of the right to resistance is a legitimate aim. This could be called the internal condition, which is provided by those who implement this right. Other condition (which can be called external) and the base of implementation should recognize certain actions, acts or decisions by public authorities – those that violate human rights are illegal and unfair. At the same time, the purpose and result of the right to resistance may be changes in the public authorities, the termination of abuse of authority and violation of human rights by its agents, return to democratic legal regime or change in the constitutional system, aimed at creating a state of law, as well as in some cases, when combined with the right to self-determination, – the achievement of independence. The author of the present paper considers that the right to resist is an individual right, a human right. The author inclines to the idea of the collective nature of the right to resist implementation, but warns against simply counting the number of persons engaged in it. In other words, it does not matter how many people commit acts, but it does matter how many people support them. Considering the modalities of implementing the right to resist, it should be noted that these forms can be active or passive, expressed in actions directly or indirectly. The right of rebellion is an extreme form of the right to resist, which is carried out in case if the non-violent means of resistance are exhausted or proved ineffective. The conditions (and bases) of the right of rebellion are phenomena, such as the following: (1) massive human rights violations by public authorities (quantitative criterion); (2) systematic human rights violations by public authorities (accumulating criterion); or (3) extraordinary human rights violations by public authorities (criterion by serious, explicit and violent nature of the violation). Ambiguous is an issue of the limits of the right of rebellion, its permission and proportion, as well as whether it is possible to develop a mechanism for exercising this right. (shrink)

This book develops an original version of act-consequentialism. It argues that act-consequentialists should adopt a subjective criterion of rightness. The book develops new arguments which strongly suggest that, according to the best version of act-consequentialism, the rightness of actions depends on expected rather than actual value. Its findings go beyond the debate about consequentialism and touch on important debates in normative ethics and metaethics. The distinction between criterion of rightness and decision procedures addresses how, why, (...) and in which sense moral theories must be implemented by ordinary persons. The discussion of the rationales of "ought" implies "can" leads to the discovery of a hitherto overlooked moral principle, "ought" implies "evidence", which can be used to show that most prominent moral theories are false. Finally, in the context of discussing cases that are supposed to reveal intuitions that favour either objective or subjective consequentialism, the book argues that which cases are relevant for the discussion of objectivism and subjectivism depends on the type of moral theory we are concerned with (consequentialism, Kantianism, virtue ethics, etc.). From Value to Rightness will be of interest to scholars and advanced students working in normative ethics and metaethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

This article reviews the field of international human rights with particular attention to the way that the International Court of Justice, the International Criminal Court, the Human Rights Committee, and local domestic courts operate to resolve human rights cases. It first notes what internationally recognized human rights there are and the sources that give rise to them. It then explains how relativism enters human rights decision-making, especially at the domestic court level, in part because a common grounding for the human (...) rights pro-pounded was never adopted. Even at the level of the International Court of Justice, its failure to include an ethical modality in the way it interprets treaties generally, and human rights treaties in particular, can leave it floundering to present any consistent framework for its own human rights decision-making. The article then presents a philosophical theory to justify the human rights that are recognized, based on an objective criterion that can be developed to assist courts in deciding conflicts of rights cases. Especially with respect to state domes-tic courts, the International Court of Justice can serve as a model to be emulated were it to adopt this theoretical framework for future hu-man rights decision-making. (shrink)

We were led, at the close of the last paper, to the conclusion that the moral judgment lays claim to a knowledge of what is unknowable. It is not merely that our volition is imperfect, that the act of necessity falls short of what we know to be right. This seems bad enough; but the plight in which we actually find ourselves is even worse. The paradox is that we never know, and never can know, in any particular situation, what (...) it is really right to do. We know indeed that it is always right, really and absolutely right, to do what we believe to be right. For a man to act “against his conscience,” after all possible thought has been taken for its enlightenment, we know to be morally wrong. But this knowledge is purely formal and gives no clue to the matter of moral obligation. It tells us what is common alike to any and every case of moral duty; it does not tell us what we ought to do. For the right that we will cannot be merely the rightness of willing it. What I ought to do cannot be merely that I ought to do it. Now our beliefs and judgments as to material rightness, i.e. as to what it is right to do in a concrete situation, are notoriously liable to error. So we seek for a criterion by which to test our variable and fallible judgments, a criterion of what is really right. But the search is doomed to failure; we can only test beliefs by beliefs, our former beliefs by our later, the beliefs of one man or society or age by those of others. (shrink)

Appeals to “being on the right side of history” or accusations of being on the wrong side of history are increasingly common on social media, in the media proper, and in the rhetoric of politics. One might well wonder, though, what the value is of invoking history in this manner. Is declaring who is on what side of history merely dramatic shorthand for one's being right and one's opponents wrong? Or is there something more to it than that? In this (...) paper, I argue that an appeal to being on the right side of history is best construed as an invocation of higher-order evidence. I do not deny that there are purely rhetorical, non-evidential uses of the right and wrong side of history, but the phrase can be construed in a more substantive manner. I use work on virtual epistemic elections to model these appeals to history. Zeroing in on the kind of higher-order evidence invoked helps us clarify the criterion for better or worse, more or less convincing appeals to it. (shrink)

Right- and wrong-making features ("moral grounds") are widely believed to play important normative roles, e.g. in morally apt or virtuous motivation. This paper argues that moral grounds have been systematically misidentified. Canonical statements of our moral theories tend to summarize, rather than directly state, the full range of moral grounds posited by the theory. Further work is required to "unpack" a theory's criterion of rightness and identify the features that are of ground-level moral significance. As a result, it (...) is not actually true that maximizing value is the relevant right-making feature even for maximizing consequentialists. Focusing on the simple example of utilitarianism, I show how careful attention to the ground level can drastically influence how we think about our moral theories. (shrink)

We were led, at the close of the last paper, to the conclusion that the moral judgment lays claim to a knowledge of what is unknowable. It is not merely that our volition is imperfect, that the act of necessity falls short of what we know to be right. This seems bad enough; but the plight in which we actually find ourselves is even worse. The paradox is that we never know, and never can know, in any particular situation, what (...) it is really right to do. We know indeed that it is always right, really and absolutely right, to do what we believe to be right. For a man to act “against his conscience,” after all possible thought has been taken for its enlightenment, we know to be morally wrong. But this knowledge is purely formal and gives no clue to the matter of moral obligation. It tells us what is common alike to any and every case of moral duty; it does not tell us what we ought to do. For the right that we will cannot be merely the rightness of willing it. What I ought to do cannot be merely that I ought to do it. Now our beliefs and judgments as to material rightness, i.e. as to what it is right to do in a concrete situation, are notoriously liable to error. So we seek for a criterion by which to test our variable and fallible judgments, a criterion of what is really right. But the search is doomed to failure; we can only test beliefs by beliefs, our former beliefs by our later, the beliefs of one man or society or age by those of others. (shrink)

This article seeks to show one way in which moral philosophy, considered by the authors to be essential to the nursing and midwifery curricula, can be presented to achieve an optimal learning experience for nurses and midwives. It demonstrates that what might be considered a standard approach, that is, one that begins with ethical principles concerned with rights and duties and then often follows a linear pattern of teaching, may be in danger of promoting a focus on standardized outcomes. Such (...) use of philosophy could therefore actually detract from the process of care. Moral philosophy underpinning health care ethics is commonly misperceived as a method of problem solving when there is an obvious dilemma regarding appropriate care and/or treatment. However, it is readily recognized that key principles within philosophy, for example, deontology and utilitarianism, despite their approach to a standard or criterion of right action, are both deficient in terms of providing ready-made right decisions. This is because their main virtue is to expose the difficulty rather than to solve the problem. Given these difficulties, any subsequent principles such as respect, beneficence, nonmaleficence and justice, incur the same deficiencies a fortiori. It can be argued that the complexity of the environment in which nurses and midwives now practice requires them to develop a capability that begins with the philosophical construction of an issue. This can subsequently enable a recognition of the essential nature of their own involvement as a nurse or midwife. By so doing, nurses and midwives can then bring issues into a nursing or midwifery paradigm and ensure that this perspective informs debate. Ultimately the focus is on the process by which care decisions are made. The intent therefore, is not simply for nurses or midwives to learn moral philosophy or to copy what is considered by others to be right action, but to recognize that a number of right actions are possible and, in so doing, develop their ability either to choose or influence a final action through a valid process. This article proposes and demonstrates by case example that what is often considered as a chance effect for nurses and midwives learning moral philosophy should be seen as the main effect and intended outcome. (shrink)

Using a discursive and ethnomethodological analytic framework, this article explores the social construction of moral transgression and moral meanings in the context of coming to terms with the recent communist past in Eastern Europe. This article illustrates some significant aspects of everyday uses of morality and the socio-communicative organization of public judgements on moral transgression. The article considers the range of public reactions and commentaries to a public confession of having been an informer for the former Romanian secret police. Moral (...) reasoning around transgression takes several forms: a) invoking everyday psychological categories and morally implicative descriptions associated with identities of persons and actions; b) drawing upon culturally available metaphors and images with roots in Judaeo-Christian ethics and morality; c) using the wider political context of coming to terms with the past as foundation and criterion for moral judgement. This article argues that rather than attempting to analyse moral judgement in abstract, one must focus on the everyday constructions and uses of morality found in social interaction and social responses to moral transgression. (shrink)

The article deals with the exception to copyright for the purposes of parody and caricature. This exception is one of the tools ensuring the balance between the authors’ interest to have the monopoly on the use of their works and the right of the members of the society to the freedom of expression. Another aim of parody exception is the promotion of creativity by the permission of the transformative use of copyrighted works. Three main aspects of this issue are discussed (...) in this article. The first one deals with the legal regulation of parody exception. The parody exception is one of the exceptions permitted by the Information Society Directive. The countries under investigation have two main schemes of legal regulation related to the parody exception. The first group are droit d’auteur countries (France and Belgium) which have a special parody exception provision in their Copyright laws. The second group are copyright countries (the United States and the United Kingdom) with no special provision regarding the parody exception in their laws; however, in the case law of these countries this exception is recognised as one of the acts of fair dealing or faire use. The Lithuanian Copyright Act permits the use of copyrighted works for the purposes of caricature and parody. (shrink)

Much recent work in metaontology challenges the so-called ‘Quinean tradition’ in metaphysics. Especially prominently, Amie Thomasson argues for a highly permissive ontology over ontologies which eliminate many entities. I am concerned with disputing not her ontological claim, but the methodology behind her rejection of eliminativism – I focus on ordinary objects. Thomasson thinks that by endorsing the Quinean criterion of ontological commitment eliminativism goes wrong; a theory eschewing quantification over a kind may nonetheless be committed to its existence. I (...) argue that, contrary to Thomasson's claims, we should retain the Quinean criterion. Her arguments show that many eliminativist positions are flawed, but their flaws lie elsewhere: the Quinean criterion is innocent. Showing why reveals the importance of pragmatism in ontology. In §1 I compare Thomasson's account and the eliminativist views to which it stands in opposition. In §2 I re-construct Thomasson's reasons for rejecting the Quinean criterion. In §3 I defend the Quinean criterion, showing that the eliminativists’ flaws are not consequences of applying the Quinean criterion, before explaining the criterion's importance when properly understood. I conclude that Thomasson, though right to criticise the methodology of ordinary-object eliminativists, is wrong to identify the Quinean criterion as the source of their mistake. (shrink)