The paper reconstructs and discusses three different approaches to the study of speech acts: (i) the intentionalist approach, according to which most illocutionary acts are to be analysed as utterances made with the Gricean communicative intentions, (ii) the institutionalist approach, which is based on the idea of illocutions as institutional acts constituted by systems of collectively accepted rules, and (iii) the interactionalist approach the main tenet of which is to perform illocutionary acts by making conventional moves (...) in accordance with patterns of social interaction. It is claimed that, first, each of the discussed approaches presupposes a different account of the nature and structure of illocutionary acts, and, second, all those approaches result from one-sided interpretations of Austin’s conception of verbal action. The first part of the paper reconstructs Austin's views on the functions and effects of felicitous illocutionary acts. Thesecond part reconstructs and considers three different research developments in the post-Austinian speech act theory—the intentionalist approach, the institutionalist approach, and the interactionalist approach. (shrink)

The concepts of right action and virtuous motivation are clearly connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This paper outlines a rival explanation, based on the (...) “higher-level” account of virtue defended in the author’s Virtue, Vice, and Value and by earlier philosophers such as Rashdall, Moore, and Ross. On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either’s causing the other but on their being joint effects of a single common cause C. (shrink)

In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements and nothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) (...) what complex descriptions of actions prohibited by criminal codes both do and should require ; and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides both legislators and judges a grounding in three of the most basic elements of criminal liability. (shrink)

This book argues that the moral quality of an act comes from the agent's inner states. By arguing for the indispensable relevance of intention in the moral evaluation of acts, the book moves against a mainstream, 'objective' approach in normative ethics. It is commonly held that the intentions, knowledge, and volition of agents are irrelevant to the moral permissibility of their acts. This book stresses that the capacities of agency, rather than simply the label 'agent', must be engaged (...) during an act if its moral evaluation is to be coherent. The author begins with an ontological argument that an act is a motion or a causing of change in something else. He argues that the source of an act's moral meaning is in the agent: specifically, what the agent, if aware of relevant facts around her, aims to accomplish. He then moves to a series of critical chapters that consider arguments for mainstream approaches to act evaluation, including Thomson's dismissal of the agent knowledge and volition requirements, Scanlon's arguments for a derivative relevance of intentions to permissibility, Frowe's "causal roles" of agents in the moral evaluation of acts, and Bennett's explicit defense of the objective approach. The book concludes by offering the author's preferred replacement for the objective approach, an Aristotelian-Thomist view of acts. Acts, Intentions, and Moral Evaluation will be of interest to scholars and advanced students working in ethics, just war theory, the ethics of self-defense, and philosophy of action. (shrink)

This book presents 12 original essays on historical and contemporary philosophical discussions of judgment. The central issues explored in this volume can be separated into two groups namely, those concerning the act and object of judgment. What kind of act is judgment? How is it related to a range of other mental acts, states, and dispositions? Where and how does assertive force enter in? Is there a distinct category of negative judgments, or are these simply judgments whose objects are (...) negative? Concerning the object of judgment: How many objects are there of a given judgment? One, as on the dual relation theory of Frege and Moore? Or many as in Russell's later multiple relation theory? If there is a single object, is it a proposition? And if so, is it a force-neutral, abstract entity that might equally figure as the object of a range of intentional attitudes? Or is it somehow constitutively tied to the act itself? These and related questions are approached from a variety of historical and contemporary perspectives. This book sheds new light on current controversies by drawing on the details of the distinct intellectual contexts in which previous philosophers' positions about the nature of judgment were formulated. In turn, new directions in present-day research promise to raise novel interpretive prospects and challenges in the history of philosophy. istorical and contemporary perspectives. This book sheds new light on current controversies by drawing on the details of the distinct intellectual contexts in which previous philosophers' positions about the nature of judgment were formulated. In turn, new directions in present-day research promise to raise novel interpretive prospects and challenges in the history of philosophy. (shrink)

It seems natural to think that there are aesthetic reasons for action and that an artist must be guided by such reasons as he or she begins work on the canvas or poem or symphony or marble. This latter supposition seems at odds, however, not only with classical inspiration theory but also with the views of one of the last century’s most important philosophers of art, R. G. Collingwood. We propose an account of acting for an aesthetic reason inspired by (...) G. E. M. Anscombe’s Intention, specifically by her concept of ‘practical knowledge’, which we believe can accommodate Collingwood’s reservations about the sort of knowledge of their ends, and of the means to those ends, which artists have as they engage in their creative activity. (shrink)

What happens when someone acts? A familiar answer goes like this. There is something that the agent wants, and there is an action that he believes conducive to its attainment. His desire for the end, and his belief in the action as a means, justify taking the action, and they jointly cause an intention to take it, which in turn causes the corresponding movements of the agent's body. I think that the standard story is flawed in several respects. The (...) flaw that will concern me in this paper is that the story fails to include an agent-or, more precisely, fails to cast the agent in his proper role. (shrink)

Section I of Kant's Groundwork of the Metaphysics of Morals is meant to lead us from our everyday conception of morality to the supreme principle of all moral action, officially christened the ‘categorical imperative’ some twenty Academy pages further into the treatise. It is quite striking that in this first section Kant dispenses with the notorious technical language that pervades not just other parts of the Groundwork but also most of the remaining philosophical writings of the critical period. The mere (...) fact that Groundwork I is comparatively accessible does not, of course, make it straightforward or uncontroversial. Kant's readers are faced with, amongst other things, four unconvincing paragraphs on the natural purpose of practical reason (G IV 394–6), a crucial change of topic from good volition to acting from duty (G IV 397), an unstated ‘first proposition’ about moral value that has baffled generations of interpreters (presumably G IV 397–9), and a contentious shift from an allegedly unproblematic principle of practical universalizability to a substantive moral command (G IV 402). (shrink)

Participation in religious liturgies and rituals is a pervasive and complex human activity. This book discusses the nature of liturgical activity and the various dimensions of such activity. Nicholas Wolterstorff focuses on understanding what liturgical agents actually do and shows religious practice as a rich area for philosophical reflection.

In our book The Inessential Indexical we argue that the various theses of essential indexicality all fail. Indexicals are not essential, we conclude. One essentiality thesis we target in the third chapter is the claim that indexical attitudes are essential for action. Our strategy is to give examples of what we call impersonal action rationalizations , which explain actions without citing indexical attitudes. To defeat the claim that indexical attitudes are essential for action, it suffices that there could be even (...) one successful impersonal action rationalization. In what follows we bolster our case against an essential connection between action and the de se (or indexicality), first by developing a range of new action models and secondly by responding to challenges from Dilip Ninan, Stephan Torre, and José Luis Bermúdez . (shrink)

연명의료결정법이 법제화되어 시행되고 있다는 점에 착안하여 필자는 인간다운 죽음, 품위 있는 죽음이 시대의 중요한 쟁점임을 강조하면서 출발한다. 그렇다면 인간다운 죽음이란 무엇인가. 인간의 존엄성을 지키며 죽음을 맞이할 수 있는 인간다운, 품위있는 죽음이란 무엇인가. 이 물음은 결국 육체에만 집중되는 육체집착적 치료를 비판하고 있는 것이며 이러한 요인이 오늘날 무의미한 연명의료의 원인임을 규명한다. 그렇다면 연명의료결정법의 시행으로 인간다운 죽음은 실현될 수 있는가. 이러한 문제의식 하에 필자는 첫째, 현재 시행 중인 연명의료결정법의 주요 내용을 살펴본 후 연명의료 중단대상 환자 범위를 통한 그것의 문제점을 고찰하고자 한다. 그 과정에서 (...) 연명의료 중단대상 범위를 임종과정 환자로 제한시킴으로써 무분별한 연명의료중단의 확산을 방지하고, 또한 그것이 소극적 안락사의 간접적 허용과 구별시키기 위해서라는 점을 도출해낸다. 둘째, 그렇다면 연명의료중단 대상에 포함되지 않는 환자는 어떻게 인간다운 죽음을 실현시킬 수 있는가. 이에 대한 논의를 필자는 연명의료결정법의 또 다른 한 축인 ‘호스피스 완화의료’에서 논의하고자 한다. 셋째, 우리가 호스피스 의료를 호스피스 돌봄 또는 호스피스 활동이라고 명명하는데, 필자가 지정하는 호스피스 철학이라는 하나의 패러다임이 과연 연명의료결정법의 호스피스 완화의료에서 얼마나 유효한가를 고찰하는데 있다. 결국 연명의료결정법은 한편으로는 죽을 권리 대신 생명 종료 시점을 결정할 권리로서 죽음에 임박한 상태에서 인간으로서의 존엄과 가치를 지키기 위하여 연명치료의 거부 또는 중단을 결정할 수 있는 자기결정권의 인정임을 강조하는데 그 의미가 있다. 그리고 다른 한편으로는 우리나라 근대의료가 도외시했던 환자의 ‘주체성’에 대한 새로운 관심을 불러일으키며, 환자의 주체성이 어떻게 실현될 것인지를 중요한 과제로 촉발시켰다고 필자는 판단한다. 종래의 의료가 삶의 연장에 중점을 둔다면 연명의료결정법은 환자를 단순한 치료의 대상이 아닌 치료의 주체로, 즉 ‘치료의 대상에서 치료의 주체에로의 전환’ 이라는 패러다임 전환의 돌파구를 마련했다고 생각한다. (shrink)

Written in an outstandingly clear and lively style, this 1969 book provokes its readers to rethink issues they may have regarded as long since settled.

The two-visual-systems hypothesis proposed by Goodale and Milner is a radical one. If it were to be true, then our common sense such as we are acting on what we are perceiving should be completely abandoned. In this paper, I argue that the hypothesis over-generalizes what happens in simple tasks to what happens in complex tasks. By contrast, I demonstrate that what happens in complex tasks is compatible with our common sense. In a word, though what we are acting on (...) may come apart from what we are perceiving in some cases, that is not the whole story. (shrink)

How I became a philosopher -- To love, to love me, to love us.

The DACA program, administered by the Department of Homeland Security, protects Dreamers—undocumented immigrants brought to the U.S. as children. However, without legislative support, Dreamers face the imminent threat of losing their homes, rights, and deportation. I argue for the passage of the DREAM Act, which would protect Dreamers from unfair targeting and provide a path to citizenship. Dreamers possess a unique social membership in American society, and it is ethically imperative to shield them from deportation and grant them equal rights (...) as fellow citizens if we ought to demonstrate a commitment to addressing oppression and injustice. (shrink)

All democratic constitutions feature "the people" as their author and ultimate source of legitimacy. They claim to embody the political form that citizens are in some sense supposed to have given themselves. But in what sense, exactly? When does a constitution really or genuinely speak for the people? Such questions are especially pertinent to our present condition, where the voice of "the people" turns out to be irrevocably fragmented, and people themselves want to speak and be heard in their own (...) voices. _Founding Acts_ explores the relationship between constitutional claims of popular sovereignty and the practice of constitution-making in our pluralistic age. Serdar Tekin argues that the process of making a constitution, or its pedigree, is as morally and politically significant as its content. Consequently, democratic constitution-making is not only about making a democratic constitution but also about making it, as much as possible, democratically. Tekin develops two overarching arguments in support of this claim. First, citizen participation in the process of constitution-making is essential to the democratic legitimacy of a new constitution. Second, collective action, that is, the political experience of constructing public life together, is what binds diverse people into a democratic peoplehood. Bringing into dialogue a wide range of canonical and contemporary thinkers, Tekin examines historical realities extending from revolutionary America and France to contemporary South Africa and Germany. (shrink)

You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them? Guilty Acts, Guilty Minds proposes an understanding of mens rea and actus reus as limits on the authority of a state, and in particular the authority of (...) a democratic state, to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are necessary conditions, among others, for the legitimacy, as distinct from the justice, of state punishment. The actus reus requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided they lacked the capacity to realize they were committing a crime; and on the other, to ascribe guilt to those who realized they were committing a crime, but who lacked the capacity to conform their conduct to the requirements of law. The mens rea requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided their ignorance manifested no lack of law-abiding concern for the law and its ends, and on the other, to ascribe guilt to those who realized they were committing a crime, but whose failure to conform to the law nonetheless manifested no lack of law-abiding concern for the law and its ends. (shrink)

ACT, CONTENT, AND OBJECT THE TITLE I have chosen for this work is a mere label for a set of problems; the controversial views that have historically been ...

In this major new book, the internationally renowned thinker Jonathan Bennett offers a deeper understanding of what is going on in our own moral thoughts about human behavior. The Act Itself presents a conceptual analysis of descriptions of behavior on which we base our moral judgements, and shows that this analysis can be used as a means toward getting more control of our thoughts and thus of our lives.

In response to recent debates on the need to abandon the Dead Donor Rule (DDR) to facilitate vital-organ transplantation, I claim that, through a detailed philosophical analysis of the Uniform Determination of Death Act (UDDA) and the DDR, some acts that seem to violate DDR in fact do not, thus DDR can be upheld. The paper consists of two parts. First, standard apparatuses of the philosophy of language, such as sense, referent, truth condition, and definite description are employed to (...) show that there exists an internally consistent and coherent interpretation of UDDA which resolves the Reduction Problem and the Ambiguity Problem that allegedly threaten the UDDA framework, and as a corollary, the practice of Donation after the Circulatory Determination of Death (DCDD) does not violate DDR. Second, an interpretation of the DDR, termed ‘No Hastening Death Rule’ (NHDR), is formulated so that, given that autonomy and non-maleficence principles are observed, the waiting time for organ procurement can be further shortened without DDR being violated. (shrink)

The theory of embodiment is used in providing an account of the identity of acts and in providing solutions to various puzzles concerning acts.

*Runner-up for the 2021 Royal Institute for Philosophy Essay Prize*: What should we think about ‘acts of conscience’, viz., cases where our personal judgments and public authority come into conflict such that principled resistance to the latter seems necessary? Philosophers mainly debate two issues: the Accommodation Question, i.e., ‘When, if ever, should public authority accommodate claims of conscience?’ and the Justification Question, i.e., ‘When, if ever, are we justified in engaging in acts of conscience – and why?’. By (...) contrast, a third important topic – the Conduct Question, i.e., ‘How should we act, morally speaking, when engaging in acts of conscience?’ – has been mostly neglected. This paper aims to offer concrete guidance for persons wishing to engage in acts of conscience in morally virtuous ways. I argue that such agents are subject to two basic prima facie duties: duties to oneself related to demands of integrity and duties to others related to demands of civility. I explain both duties in detail, arguing with regard to, that in light of what I call ‘the paradox of conscience’, we need to rethink our views about both ‘conscience’ and ‘integrity’; and with regard to, that, building upon Rawls’ ‘duty of civility’, we should embrace at least seven general principles for undertaking acts of conscience in a morally conscientious manner. (shrink)

ACT, CONTENT, AND OBJECT THE TITLE I have chosen for this work is a mere label for a set of problems; the controversial views that have historically been ...

In Aspiration, Agnes Callard examines the phenomenon of aspiration, the process by which one acquires values and becomes a certain kind of person. Aspiring to become a certain type of person involves more than wanting to act in certain ways. We want to come to see the world in a certain way and to develop the dispositions, attributes, and skills that allow us to seamlessly and effectively respond to situations. The skilled athlete or musician, for example, has developed the muscle (...) memory and the perceptual equivalent to naturally see what a situation requires and to respond well, whether playing a Rachmaninoff concerto or returning a tennis volley. -/- I use Merleau-Ponty’s Phenomenology of Perception to flesh out the process of becoming, through which aspired-to values, skills, and characteristics become part of one’s embodied being-in-the-world. Although some rightly focus on Merleau-Ponty’s efforts to avoid over-intellectualizing skillful action, without appreciating his distinction between habitual actions and human (or personal) acts, we overlook an important aspect of robust human agency—the way “a human act becomes dormant and is continued absent-mindedly as a reflex” (90). Merleau-Ponty’s account of habit and its relation to personal acts offers a rich and phenomenologically sensitive picture of aspiration. (shrink)