Natalie Stoljar posits that those who have internalized oppressive norms lack normative competence, which requires true beliefs and critical reflection. A lack of normative competence makes agents nonautonomous, according to Stoljar. This framework is thereby meant to address what she calls the “feminist intuition”—the intuition that oppressive norms are incompatible with autonomy. On my view, however, Stoljar’s normative competence account of autonomy is subject to a worrying problem. Her account misattributes nonautonomy to those who (...) perpetrate the oppression, making those who are oppressed and those who oppress count as equally nonautonomous. I argue that this is implausible and demonstrate in this paper that we can establish an asymmetry of autonomy between those who oppress others and those who are made the target of oppression. (shrink)

Natalie Stoljar posits that purely procedural theories of autonomy are unable to explain the ‘feminist intuition’, which is the idea that the internalization of false and oppressive norms are incompatible with autonomy. She claims instead that an account based on ‘normative competence’ – which requires true beliefs and critical reflection – can explain why oppressive norms should be excluded as legitimate decision-making inputs. On my view, however, the normative competence approach is subject to a worrying problem. (...) While Stoljar's view successfully problematizes the internalization of oppression, her view misattributes non-autonomy also to those who perpetrate the oppression. I suggest that this is implausible, arguing instead that we can establish an asymmetry of autonomy between those who oppress others and those who are made target of oppression. (shrink)

About a year after the start of the Iraq War, a story broke about the abuse of Iraqi detainees by American soldiers at the Abu Ghraib prison. Editorialists and science writers noted affinities between what happened at Abu Ghraib and Philip Zimbardo’s famous 1971 Stanford Prison Experiment. Zimbardo’s experiment is part of the “situationist” literature in social psychology, which suggests that the contexts in which agents act have a larger influence on behavior, and that personality traits have a smaller influence, (...) than is ordinarily supposed. Recently, there has been increased interest among philosophers in research like Zimbardo’s and its potential for influencing ethical theories. This increase is due in part to the publication of John Doris’ Lack of Character. More recently, Doris and Dominic Murphy have argued that soldiers, including those at Abu Ghraib, often act under conditions of moral excuse because the situational pressures to which they are exposed impair their capacities for moral judgment. I argue that soldiers can be morally responsible for wartime behavior even if their moral capacities have been substantially impaired. (shrink)

Compared with children, adults are widely assumed to possess more mature moral understanding thus justifying deference to their moral authority and testimony. This paper examines philosophical discussions regarding this child-adult moral relation and its implications for moral education, particularly accounts suggesting that the moral status of children constitute grounds for treating them paternalistically. I contend that descriptions and justifications of this paternalistic attitude towards children are either unacceptably crude or mistaken. While certain instances justify paternalistic treatment towards children, in the (...) context of moral education the paternalistic attitude is largely irrelevant and even counterproductive. I make a case that children can readily meet minimal standards for moral understanding and engagement. Even when children have no final say, there is still a significant normative difference between deferring paternalistically to the adult's moral testimony and interacting with the child in moral conversation. These considered, I defend a social-contextualist account of moral education that incorporates a participatory (over a paternalistic) pedagogical attitude. Further, instead of portraying moral education in terms of stages (as argued by Kohlberg), moral education should be characterized more as a gradual appreciation of and sensitivity to normative demands that apply in various shared contexts and spheres of human concern. (shrink)

Mental competence, or decision‐making capacity, is an important concept in law, psychiatry, and bioethics. A major problem faced in the development and implementation of standards for assessing mental competence is the issue of objectivity. The problem is that objective standards are hard to formulate and apply. The aim here is to review the limited philosophical literature on the place of value in competence in an attempt to introduce the issues to a wider audience. The thesis that the (...) assessment of competence must incorporate elements of value and rationality is defended, and some tentative suggestions offered about how this might be achieved in a clinical setting. (shrink)

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

This book offers a new account of what it is to act for a normative reason. The first part of the book examines the problems of causal accounts of acting for reasons and suggests to solve them by a dispositional approach. The author argues for a dispositional account which unites epistemic, volitional, and executional dispositions in a complex normative competence. This ‘Normative Competence Account’ allows for more and less reflective ways of acting for normative (...) reasons. The second part of the book clarifies the relation between the normative reason that an agent acts for and his or her motivating reasons. It refutes the widely held ‘identity view’ that acting for a normative reason requires the normative reason to be identical with a motivating reason. The author describes how normative reasons are related to motivating reasons by a relation of correspondence, and proposes a new understanding of how normative reasons explain those actions that are performed for them. Determined by Reasons engages with current debates from a wide range of different philosophical areas, including action theory, metaethics, moral psychology, epistemology, and ontology, to develop a new account of acting for normative reasons. (shrink)

“The Nature of Belief Systems” sets forth a Hobson's choice between rule by the politically ignorant masses and rule by the ideologically constrained—which is to say, the doctrinaire—elites. On the one hand, lacking comprehensive cognitive structures, such as ideological “belief systems,” with which to understand politics, most people learn distressingly little about it. On the other hand, a spiral of conviction seems to make it difficult for the highly informed few to see any aspects of politics but those that confirm (...) the cognitive structures that organize their political perceptions. This is a troubling situation for any consequentialist democratic political theory, according to which what is crucial is the electorate's (and subsidiary decision makers') ability to make informed policy judgments, not their possession of willful but uninformed political “attitudes.” Any political theorist who does not take democracy to be an end in itself (regardless of its consequences) should be concerned about Converse's findings. (shrink)

A necessary component to reproductive autonomy is being trusted to make reproductive decisions. In the case of contraception, however, women are considered both trustworthy and untrustworthy. Women are held responsible for contraception and because responsibility usually stems from trust, it appears that women are trusted with contraception. Yet myriad laws and forms of surveillance and normalization surrounding contraception make women seem untrustworthy. Relying on Amy Mullin’s conception of trust that we trust those who we assume believe in the same social (...) norms we do, I argue that this tension results from two competing social norms. One norm governing contraception is that people should be self-sacrificing, a norm with which most women align due to traditional gender roles. However, there is a norm that women are irrational in general as well as in contraceptive matters and consequently should not be trusted to use contraception. In order to combat both these norms, I make concrete recommendations for increasing knowledge of contraception, normalizing its use, and trusting both women and men with it. (shrink)

In discussions of standards of proof, a familiar perspective often emerges. According to what we call specificationism, standards of proof are legal rules that specify the quantum of evidence required to determine that a litigant’s claim has been proven. In so doing, they allocate the risk of error among litigants (and potential litigants), minimizing the risk of certain types of error. Specificationism is meant as a description of the way the rules actually function. We argue, however, that its claims are (...) either mistaken or at a minimum deeply misleading, especially when it comes to standard of proof rules (SPRs) that contain indeterminate formulas, as is typical. As against specificationism, we argue that SPRs are best understood as rules that confer competence to decide whether a given standard has been met—according to whatever vague or inchoate interpretation (if any) of the rule in question triers of fact implicitly or explicitly employ. We call this the competence-norm approach. (shrink)

Determined by Reasons: A Competence Account of Acting for a Normative Reason, by MantelSusanne. New York and London: Routledge, 2018. Pp. xiii + 190.

Determined by Reasons: A Competence Account of Acting for a Normative Reason. By Mantel Susanne..).

Les citoyens sont tout dans la société, rien dans les institutions et demandent à devenir quelque chose. Pour y répondre, il faut une double rupture : reconnaître la compétence normative et pas seulement électorale des citoyens ; reconnaître de nouveaux lieux de fabrication de la loi.

Alf Ross propose une théorie juridique qu’il veut “véritablement” réaliste, c’est-à-dire susceptible de dissoudre les problèmes auxquels se heurtent la théorie normativiste de Kelsen et la théorie réaliste américaine et de reconstruire leur discours de manière scientifique. L’originalité de Ross réside dans son concept de norme de compétence que Ross analyse, avant d’autres et notamment Searle, comme des règles constitutives. Contrairement à ce que de nombreux commentateurs ont soutenu, ce concept de norme constitutive ne contredit pas la théorie réaliste de (...) Ross. Éclairées à la lumière des premiers écrits de Ross, les normes de compétence sont des rationalisations capables d’exprimer la prédisposition des destinataires des normes à reconnaître certains faits comme droit. Ross peut dès lors apparaître comme un précurseur du postpositivisme. (shrink)

Offering a systematic analysis of texts produced between the court of Burgundy in the 1470s and the court of the Austrian Habsburgs in the early 1700s, this book traces the development of the idea of successful and competent political behaviour as seen through the eyes of court historians between the fifteenth and the eighteenth centuries.

A competence model describes the abstract structure of a solution to some problem. or class of problems, facing the would-be intelligent system. Competence models can be quite derailed, specifying far more than merely the function to be computed. But for all that, they are pitched at some level of abstraction from the details of any particular algorithm or processing strategy which may be said to realize the competence. Indeed, it is the point and virtue of such models (...) to specify some equivalence class of algorithms/processing strategies so that the common properties highlighted by the chosen class may feature in psychologically interesting accounts. A question arises concerning the type of relation a theorist might expect to hold between such a competence model and a psychologically real processing strategy. Classical work in cognitive science expects the actual processing to depend on explicit or tacit knowledge of the competence theory. Connectionist work, for reasons to be explained, represents a departure from this norm. But the precise way in which a connectionist approach may disturb the satisfying classical symmetry of competence and processing has yet to be properly specified. A standard ?Newtonian? connectionist account, due to Paul Smolensky, is discussed and contrasted with a somewhat different ?rogue? account. A standard connectionist understanding has it that a classical competence theory describes an idealized subset of a network's behaviour. But the network's behaviour is not to be explained by its embodying explicit or tacit knowledge of the information laid out in the competence theory. A rogue model, by contrast, posits either two systems, or two aspects of a single system, such that one system does indeed embody the knowledge laid out in the competence theory. (shrink)

Because corporate social responsibility can be beneficial to both companies and its stakeholders, interest in factors that support CSR performance has grown in recent years. A thorough integration of CSR in core business processes is particularly important for achieving effective long-term CSR practices. Here, we explored the individual CSR-related competencies that support CSR implementation in a corporate context. First, a systematic literature review was performed in which relevant scientific articles were identified and analyzed. Next, 28 CSR directors and managers were (...) interviewed. The literature review complemented with interview data resulted in the following eight distinct CSR-related competencies: Anticipating CSR challenges; Understanding CSR-relevant systems and subsystems; Understanding CSR-relevant standards; CSR management competencies, including Leading CSR programs, Managing CSR programs, and Identifying and realizing CSR-related business opportunities; Realizing CSR-supportive interpersonal processes; Employing CSR-supportive personal characteristics and attitudes; Personal value-driven competencies, including Ethical normative competencies, Balancing personal ethical values and business objectives, and Realizing self-regulated CSR-related behaviors and active involvement; and Reflecting on personal CSR views and experiences. Based on these results, implications for further research on this topic, as well as implications for practitioners, are discussed. (shrink)

This article discusses how to interpret the so-called Knobe effect, which refers to the asymmetry in judgments about the intentionality of the side effects caused by one’s actions. The observed tendency is explained through the “moral undertone” of the actions judged. So far, discussions have mostly been held among philosophers in the analytical tradition, who see the theory of morality largely as an ethics of rules. The analysis developed in this article advances the research carried out so far to include (...) teleological ethics, most notably the tradition of Thomistic ethics. Philosophical discussions address the problem of normative orders, focusing in particular on two types of cognition concerned, respectively, with moral judgments and facts. Investigating this issue proves to be helpful not only to explain the Knobe effect, but also to better understand the very notion of an intentional action as employed in the philosophy of action. As a result of this analysis, the Author explains the existing asymmetry in the attribution of intentionality to actions with the respondents’ confusion between cognitive orders. This problem brings us to the issue of normative competences. In analyzing the Knobe effect, normative competences would be responsible for the classification of the data collected and separation of the “purely informative” order from the order of moral judgments, referring to norms or values. (shrink)

A review of Susanne Mantel's book, Determined by Reasons (Routledge).

In this paper we assume that ‘theory’ is important for Clinical Ethics Support Services (CESS). We will argue that the underlying implicit theory should be reflected. Moreover, we suggest that the theoretical components on which any clinical ethics support (CES) relies should be explicitly articulated in order to enhance the quality of CES.A theoretical framework appropriate for CES will be necessarily complex and should include ethical (both descriptive and normative), metaethical and organizational components. The various forms of CES that (...) exist in North-America and in Europe show their underlying theory more or less explicitly, with most of them referring to some kind of theoretical components including ‘how-to’ questions (methodology), organizational issues (implementation), problem analysis (phenomenology or typology of problems), and related ethical issues such as end-of-life decisions (major ethical topics).In order to illustrate and explain the theoretical framework that we are suggesting for our own CES project METAP, we will outline this project which has been established in a multi-centre context in several healthcare institutions. We conceptualize three ‘pillars’ as the major components of our theoretical framework: (1) evidence, (2) competence, and (3) discourse. As a whole, the framework is aimed at developing a foundation of our CES project METAP.We conclude that this specific integration of theoretical components is a promising model for the fruitful further development of CES. (shrink)

In this paper we assume that ‘theory’ is important for Clinical Ethics Support Services (CESS). We will argue that the underlying implicit theory should be reflected. Moreover, we suggest that the theoretical components on which any clinical ethics support (CES) relies should be explicitly articulated in order to enhance the quality of CES.A theoretical framework appropriate for CES will be necessarily complex and should include ethical (both descriptive and normative), metaethical and organizational components. The various forms of CES that (...) exist in North‐America and in Europe show their underlying theory more or less explicitly, with most of them referring to some kind of theoretical components including ‘how‐to’ questions (methodology), organizational issues (implementation), problem analysis (phenomenology or typology of problems), and related ethical issues such as end‐of‐life decisions (major ethical topics).In order to illustrate and explain the theoretical framework that we are suggesting for our own CES project METAP, we will outline this project which has been established in a multi‐centre context in several healthcare institutions. We conceptualize three ‘pillars’ as the major components of our theoretical framework: (1) evidence, (2) competence, and (3) discourse. As a whole, the framework is aimed at developing a foundation of our CES project METAP.We conclude that this specific integration of theoretical components is a promising model for the fruitful further development of CES. (shrink)

Attributions of what we shall call normative responsibilities play a central role in everyday moral thinking. It is commonly thought, for example, that parents are responsible for the wellbeing of their children, and that this has important normative consequences. Depending on context, it might mean that parents are morally required to bring their children to the doctor, feed them well, attend to their emotional needs, or to see to it that someone else does. Similarly, it is sometimes argued (...) that countries that emit most greenhouse gases are responsible for preventing catastrophic climate change. This responsibility might imply that these countries are morally required to take necessary steps individually and jointly to come to an agreement on and implement a workable plan, and to avoid steps that worsen the situation. More trivially, the grading of your student’s essays might be your responsibility, as might making sure there is wine at tomorrow’s picnic, and you might thus be required to see to it that essays are competently graded and suitable wine brought to the picnic. -/- Though attributions of normative responsibilities are legion, such responsibilities have received surprisingly little philosophical attention compared to its normative relatives, obligations and reasons, and compared to retrospective responsibility. This chapter hopes to improve on this situation by taking on two main tasks. The first, attempted in section 1, is to spell out the general structure of normative responsibility, in particular the relation between normative responsibilities and corresponding obligations and demands. We suggest that normative responsibilities are constituted by normative requirements that the responsible agents care appropriately about how well things go in certain regards, and that obligations generally can be seen as straightforward upshots of requirements to care. -/- The second task, taken on in section 2, is to provide an overview of prominent sources of normative responsibility and its distribution among agents. Why would the children’s wellbeing be the parents’ responsibility? Why not the neighbor’s, or the state’s, or everyone’s? Here we discuss a range of possible sources, including agents’ abilities, costs involved in taking on the responsibility in question, retrospective responsibility for the situation, promises or contracts, and certain social relationships. (shrink)

Suppose that two competing norms, N1 and N2, can be identified such that a given person’s response can be interpreted as correct according to N1 but incorrect according to N2. Which of these two norms, if any, should one use to interpret such a response? In this paper we seek to address this fundamental problem by studying individual variation in the interpretation of conditionals by establishing individual profiles of the participants based on their case judgments and reflective attitudes. To investigate (...) the participants’ reflective attitudes we introduce a new experimental paradigm called the Scorekeeping Task. As a case study, we identify the participants who follow the Suppositional Theory of conditionals (N1) versus Inferentialism (N2) and investigate to what extent internally consistent competence models can be reconstructed for the participants on this basis. After extensive empirical investigations, an apparent reasoning error with and-to-if inferences was found in one of these two groups. The implications of this case study for debates on the proper role of normative considerations in psychology are discussed. (shrink)

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform (...) the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

This paper summarises the author 's doctoral research on the development of interpersonal/interorganisational trust in relationships between expatriate and Russian staff working in east‐west enterprises in Russia. There is strong evidence from a variety of researchers to suggest that in order for western businesses investing in Russia to succeed, the dif.cult process of building trust needs to be understood and managed since in the Russian business climate western standards and norms of ethical business have not yet been established. According to (...) research.ndings, western investors doing business in Russia and the long‐term, personal trust that characterises family and friend relationships more congenial and more productive than formal, arm's‐length contacts and contracts. In such a context, it becomes important to identify what creates and destroys trust in the post‐Soviet business environment. This paper describes the causal factors leading to trust or lack of trust in relationships within western‐invested strategic alliances in Russia. The key relationship under consideration is the one between expatriate western staff and managers seconded to the venture on the one hand, and their local Russian staff, counterparts and superiors on the other. (shrink)

The American Society for Bioethics and the Humanities (ASBH) issued its Core Competencies for Health Care Ethics Consultation just as it is becoming ever clearer that secular ethics is intractably plural and without foundations in any reality that is not a social–historical construction (ASBH Core Competencies for Health Care Ethics Consultation , 2nd edn. American Society for Bioethics and Humanities, Glenview, IL, 2011 ). Core Competencies fails to recognize that the ethics of health care ethics consultants is not ethics in (...) the usual sense of a morally canonical ethics. Its ethics is the ethics established at law and in enforceable health care public policy in a particular jurisdiction. Its normativity is a legal normativity, so that the wrongness of violating this ethics is simply the legal penalties involved and the likelihood of their being imposed. That the ethics of ethics consultation is that ethics legally established accounts for the circumstance that the major role of hospital ethics consultants is as quasi-lawyers giving legal advice, aiding in risk management, and engaging in mediation. It also indicates why this collage of roles has succeeded so well. This article shows how moral philosophy as it was reborn in the 13th century West led to the ethics of modernity and then finally to the ethics of hospital ethics consultation. It provides a brief history of the emergence of an ethics that is after morality. Against this background, the significance of Core Competencies must be critically reconsidered. (shrink)

What does it mean to know how to do something? This book develops a comprehensive account of know-how, a crucial epistemic goal for all who care about getting things right, not only with respect to the facts, but also with respect to practice. It proposes a novel interpretation of the seminal work of Gilbert Ryle, according to which know-how is a competence, a complex ability to do well in an activity in virtue of guidance by an understanding of what (...) it takes to do so. This idea is developed into a full-fledged account, Rylean responsibilism, which understands know-how in terms of the normative guidance and responsible control of one's acts. Within the complex current debate about know-how, this view occupies a middle ground position between the intellectualist claim that know-how just is propositional or objectual knowledge and the anti-intellectualist claim that know-how just is ability. In genuine know-how, practical ability and guiding intellect are both necessary, but essentially intertwined. (shrink)

This paper summarises the author 's doctoral research on the development of interpersonal/interorganisational trust in relationships between expatriate and Russian staff working in east‐west enterprises in Russia. There is strong evidence from a variety of researchers to suggest that in order for western businesses investing in Russia to succeed, the dif.cult process of building trust needs to be understood and managed since in the Russian business climate western standards and norms of ethical business have not yet been established. According to (...) research.ndings, western investors doing business in Russia and the long‐term, personal trust that characterises family and friend relationships more congenial and more productive than formal, arm's‐length contacts and contracts. In such a context, it becomes important to identify what creates and destroys trust in the post‐Soviet business environment. This paper describes the causal factors leading to trust or lack of trust in relationships within western‐invested strategic alliances in Russia. The key relationship under consideration is the one between expatriate western staff and managers seconded to the venture on the one hand, and their local Russian staff, counterparts and superiors on the other. (shrink)

This chapter investigates different ways that pro tanto reasons bearing on our options can compete with one another in order to determine the overall normative status of those options. It argues for two key claims: (i) any theory of this competition must include a distinct role for reasons against, in addition to reasons for, and (ii) any theory must allow for comparative verdicts about how strongly supported the options are by the reasons, rather than simply which options are permissible (...) or required. A simple balancing account and an account based on a distinction between requiring and justifying reasons are rejected, and a new account giving a distinct role for reasons against is introduced. (shrink)

Logical pluralism is the view that there is more than one correct logic. This very general characterization gives rise to a whole family of positions. I argue that not all of them are stable. The main argument in the paper is inspired by considerations known as the “collapse problem”, and it aims at the most popular form of logical pluralism advocated by JC Beall and Greg Restall. I argue that there is a more general argument available that challenges all variants (...) of logical pluralism that meet the following three conditions: that there are at least two correct logical systems characterized in terms of different consequence relations, that there is some sort of rivalry among the correct logics, and that logical consequence is normative. The hypothesis I argue for amounts to conditional claim: If a position satisfies all these conditions, then that position is unstable in the sense that it collapses into competing positions. (shrink)

Just as different sciences deal with different facts—say, physics versus biology—so we may ask a similar question about normative theories. Is normative political theory concerned with the same normative facts as moral theory or different ones? By developing an analogy with the sciences, we argue that the normative facts of political theory belong to a higher— more coarse-grained—level than those of moral theory. The latter are multiply realizable by the former: competing facts at the moral level (...) can underpin the same facts at the political one. Consequently, some questions that moral theories answer are indeterminate at the political level. This proposal offers a novel interpretation of John Rawls’s idea that, in public reasoning, we should abstract away from comprehensive moral doctrines. We contrast our distinction between facts at different levels with the distinction between admissible and inadmissible evidence and discuss some implications for the practice of political theory. (shrink)

Today, resilience is used in many societal contexts for understanding how things respond to risks and for improving their performance in this regard, having also become a prominent approach for adapting to climate change. Yet, despite the broad appeal of resilience and resilience-based approaches within and outside academia, there are persisting puzzles about how to interpret resilience, its relation to competing concepts and approaches, or its desirability. Some proponents of resilience advise caution with the normative use of the term, (...) noting that resilience is a purely descriptive and ambivalent quality, which can be good in some circumstances but not in others. Critics have also noted that resilience approaches can be technocratic and that they tend to conceal the needs and vulnerabilities of the poor. -/- These examples demonstrate the need for reflecting on the status and significance of a term that is so widely used in academia and across the science-policy divide, but whose meaning and value are so fiercely disputed. Given that resilience is already informing many large-scale and significant societal efforts, they also raise the need to ask under which conditions such efforts could be just. -/- This work uses philosophical perspectives from ethics, metaethics and justice theory for revisiting recent debates on the meaning and normative status of this concept, with special emphasis on understanding the normative guidance that diverse interpretations of resilience can offer and disclosing the implications that this may have for achieving justice in and through resilience-based interventions. (shrink)

There exists a widespread consensus amongst contemporary jurisprudents, positivists and non-positivists alike, that the meaning of ‘obligation’ should not radically shift from law to morality, or any of the other domains of practical reason. Yet there is limited effort in contemporary discussions of legal obligation to engage with the metaphysics of normativity with an eye to a well-founded account of those elements that deliver its non-conditional character. On a recent occasion I discussed the shortcomings of a prominent positivist account of (...) legal obligation, that of Jules Coleman. In this chapter I turn to a prominent non-positivist account, the model of principle, and argue that, even though it identifies key elements or conditions of normativity simpliciter, it stops short of delivering a conclusive account of unconditional legal obligation, an account that would place legal obligation in the same continuum with all other types of obligation. Taking up from where the model of principle halts, I propose a complementary—if more fundamental—account of normativity simpliciter, which I dub the model of norms. I make a case for it, by looking into universal conditions of normativity and, in conclusion, offer some more specific remarks about the advantages of the model of norms over other competing models. Part 2 looks into the account of legal obligation tendered by the model of principle. According to it, law is an instance of action-directing action or action that purports to get other agents to comply with the ends it sets out to attain. The idea here is that the very logic of action-direction draws moral reasons—principles—into the picture of legal obligation, as the one item that can explain how and whether the facts of a social practice, which purports to direct action, come to acquire the status of reasons for action for the subjects of law. Subsequently, this model is contrasted with an alternative model of obligation that takes facts of authority to constitute reasons of action in virtue solely of their structure. In conclusion it is argued that, in contrast to the second model, the model of principle manages to capture what is distinctive about action-directing action in the domain of law—that is, the special normative significance of the possibility to coerce others under a scheme of public institutions. Part 3 opens by pointing to a more widespread worry that needs to be addressed before the model of principle can be deemed fit for the role it is employed—the worry relates to the ability of principles to constitute genuine reasons for action. In particular, the enquiry investigates the nature of principles and their ability to avoid certain flaws that might pertain to reasons for action in general. In taking up this line of enquiry the paper looks into the more general debate on normativity with a view to specifying requirements that anything which purports to be a reason ought to meet. I employ a rationalist analysis of normativity, which brings the idea that intentional thought is normative to bear on the analysis of the meaning of normative terms, such as ‘ought’, ‘obligation’, ‘duty’. In conclusion, I argue that the content of normativity consists in normative facts—ie norms—which purport to model the content of ideal—or counterfactual—states of the will. Such norms give exhaustively the content of normativity. In light of the above, part 4 advances a two-layered model of norms, with the higher level being populated by norms simpliciter, and the lower by norms in a domain. When considered jointly the two layers ground the possibility of non-conditional obligation without evoking moral realism and the concomitant suspicion of scepticism. On the face of it some key advantages of the model of norms are discussed over the two other models of legal obligation, that of principle and that of authority. On the one hand norms resist the ‘talking past each other objection’ which is commonly levelled against principles. On the other, norms are much better suited to account for the moral limits of action-directing action than either principles or facts of authority, for they illustrate cogently that the grounds of any reason for action already include a concern for others’ autonomy. (shrink)

Extant research has shown that ordinary causal judgments are sensitive to normative factors. For instance, agents who violate a norm are standardly deemed more causal than norm-conforming agents in identical situations. In this paper, we explore two competing explanations for the Norm Effect: the Responsibility View and the Bias View. According to the former, the Norm Effect arises because ordinary causal judgment is intimately intertwined with moral responsibility. According to the alternative view, the Norm Effect is the result of (...) a blame-driven bias. In a series of five preregistered experiments (N = 2688), we present evidence that predominantly favours the Bias View. In particular, and against predictions made by the Responsibility View, we show that participants deem agents who violate nonpertinent or silly norms – norms that do not relate to the outcome at hand – as more causal, and that this effect cannot be explained in terms of plausible mediators such as the agent’s foreknowledge and desire, or the foreseeability of harm. We close with a discussion regarding the implications of these findings, in as regards the just assessment of proximate cause in the law. (shrink)

Definition of the problemThe upcoming reforms according to the specifications of the Master Plan 2020 provide for a competency-oriented restructuring of medical studies. This article aims to develop perspectives on how teaching ethics in medical studies can be more strongly oriented at building competencies. In this way, it pursues the goal of making the concept of competency more tangible for medical ethics and usable for the design of medical ethics education.ArgumentsWe understand competencies as dispositions for actions that enable problem solving. (...) By transferring the concept of moral intelligence to the moral actions of physicians in patient care, we specify five ethical–moral competencies that must be present for morally appropriate, ethically reflected actions by future physicians: (1) the ability to form a professional moral compass, (2) the willingness to align oneself with professional ethical norms and values, (3) the ability to perceive moral dimensions of medical action, (4) the ability to make moral judgments based on ethical considerations about the right action, and (5) the willingness to realize ethically justified action. We illustrate their importance for teaching medical ethics using the example of teaching clinical ethics in medical studies.ConclusionOur conceptualization of moral–ethical competencies can be used to design concrete courses in a competency-oriented way. Our approach could be applied analogously to other areas of teaching ethics in health care. (shrink)

Many virtue epistemologists conceive of epistemic competence on the model of skill —such as archery, playing baseball, or chess. In this paper, I argue that this is a mistake: epistemic competences and skills are crucially and relevantly different kinds of capacities. This, I suggest, undermines the popular attempt to understand epistemic normativity as a mere special case of the sort of normativity familiar from skilful action. In fact, as I argue further, epistemic competences resemble virtues rather than skills—a claim (...) that is based on an important, but often overlooked, difference between virtue and skill. The upshot is that virtue epistemology should indeed be based on virtue, not on skill. (shrink)

We clarify options for conceptualizing equity, or what we refer to as justice, in resource allocation. We do this by systematically differentiating, expounding, and then illustrating eight different substantive principles of justice. In doing this, we compare different meanings that can be attributed to “need” and “the capacity to benefit”. Our comparison is sharpened by two analytical tools. First, quantification helps to clarify the divergent consequences of allocations commended by competing principles. Second, a diagrammatic approach developed by economists Culyer and (...) Wagstaff offers a visual and conceptual aid. Of the eight principles we illustrate, only two treat as relevant both a person’s initial health state and a person’s CTB per resource unit expended: allocate resources so as to most closely equalize final health states and allocate resources so as to equally restore health states to population norms. These allocative principles ought to be preferred to the alternatives if one deems relevant both a person’s initial health state and a person’s CTB per resource unit expended. Finally, we examine some possibilities for conceptualizing benefits as relative to how badly off someone is, extending Parfit’s thought on Prioritarianism. Questions arise as to how much intervention effects accruing to the worse off count for more and how this changes with improving health. We explicate some recent efforts to answer these questions, including in Dutch and British government circles. These efforts can be viewed as efforts to operationalize need as an allocative principle. Each effort seeks to maximize in the aggregate quanta of effect that are differentially valued in favor of the worst off. In this respect, each effort constitutes one type of Prioritarianism, which Parfit failed to differentiate from other types. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., legal (...) practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...) outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. If participants lack competence or are prone to biases, a correct deliberative outcome requires limiting participation. The central question for public argumentation, therefore, is how to strike a balance between both ideals. Rather than advocating a preferred normative framework, our main purpose is to illustrate the complexity of this theme. (shrink)