I argue for the claim that there are instances of a priori justified belief – in particular, justified belief in moral principles – that are not analytic, i.e., that cannot be explained solely by the understanding we have of their propositions. §1–2 provides the background necessary for understanding this claim: in particular, it distinguishes between two ways a proposition can be analytic, Basis and Constitutive, and provides the general form of a moral principle. §§3–5 consider whether Hume's Law, properly (...) interpreted, can be established by Moore's Open Question Argument, and concludes that it cannot: while Moore's argument – appropriately modified – is effective against the idea that moral judgments are either reductively analyzable or Constitutive-analytic, a different argument is needed to show that they are not Basis-analytic. Such an argument is supplied in §6. §§7–8 conclude by considering how these considerations bear on recent discussions of “alternative normative concepts”, on the epistemology of intuitions, and on the differences between disagreement in moral domains and in other a priori domains such as logic and mathematics. (shrink)

One of the most fundamental debates in metaethics is whether the normative facts are mind-dependent. Yet some philosophers are skeptical that mind-dependence is a category that's significant in the way metaethicists have assumed it is. In this paper, I consider a puzzle that showcases this skepticism, explaining how it undermines the most natural reading of the mind-dependence claim. I then go on to show that no modification of this reading within a certain class can hope to solve the problem. (...) I conclude by suggesting a new way that mind-dependence should be understood: mind-dependence is ultimately a matter of how normative principles are grounded. I develop this view briefly before concluding. (shrink)

abstract This article briefly examines Onora O'Neill's account of the relation between normative principles and practical ethical problems with an eye to suggesting that philosophers of practical ethics have reason to adopt fairly high moral ambitions to be edifying and instructive both as educators and as advisors on public policy debates.

It seems that hope springs eternal for the cherished idea that norms (or normativeprinciples) explain actions or regularities in actions. But it also seems thatthere are many ways of going wrong when taking norms and normative principlesas explanatory. The author argues that neither norms nor normative principles—insofar as they are the sort of things with normative force—is explanatoryof what is done. He considers the matter using both erotetic and ontic models ofexplanation. He further considers various understandings (...) of norms. Key Words: explanation • norms • social science • rationality. (shrink)

With recent advancements in systems engineering and artificial intelligence, autonomous agents are increasingly being called upon to execute tasks that have normative relevance. These are tasks that directly—and potentially adversely—affect human well-being and demand of the agent a degree of normative-sensitivity and -compliance. Such norms and normative principles are typically of a social, legal, ethical, empathetic, or cultural nature. Whereas norms of this type are often framed in the abstract, or as high-level principles, addressing (...) class='Hi'>normative concerns in concrete applications of autonomous agents requires the refinement of normative principles into explicitly formulated practical rules. This paper develops a process for deriving specification rules from a set of high-level norms, thereby bridging the gap between normative principles and operational practice. This enables autonomous agents to select and execute the most normatively favourable action in the intended context premised on a range of underlying relevant normative principles. In the translation and reduction of normative principles to SLEEC rules, we present an iterative process that uncovers normative principles, addresses SLEEC concerns, identifies and resolves SLEEC conflicts, and generates both preliminary and complex normatively-relevant rules, thereby guiding the development of autonomous agents and better positioning them as normatively SLEEC-sensitive or SLEEC-compliant. (shrink)

With recent advancements in systems engineering and artificial intelligence, autonomous agents are increasingly being called upon to execute tasks that have normative relevance. These are tasks that directly—and potentially adversely—affect human well-being and demand of the agent a degree of normative-sensitivity and -compliance. Such norms and normative principles are typically of a social, legal, ethical, empathetic, or cultural (‘SLEEC’) nature. Whereas norms of this type are often framed in the abstract, or as high-level principles, addressing (...) normative concerns in concrete applications of autonomous agents requires the refinement of normative principles into explicitly formulated practical rules. This paper develops a process for deriving specification rules from a set of high-level norms, thereby bridging the gap between normative principles and operational practice. This enables autonomous agents to select and execute the most normatively favourable action in the intended context premised on a range of underlying relevant normative principles. In the translation and reduction of normative principles to SLEEC rules, we present an iterative process that uncovers normative principles, addresses SLEEC concerns, identifies and resolves SLEEC conflicts, and generates both preliminary and complex normatively-relevant rules, thereby guiding the development of autonomous agents and better positioning them as normatively SLEEC-sensitive or SLEEC-compliant. (shrink)

In recent years we have seen a newfound engagement with Jürgen Habermas's work in philosophy of education, focusing on his conception of argumentative dialogue, or discourse, as the origin of both truth-related epistemic judgments and justifications of moral norms that claim rightness rather than truth. In this article, Krassimir Stojanov first reconstructs the way in which Habermas determines the relation between truth and rightness, and he then shows that moral rightness functions as a “truth-analogue” since moral norms, like true facts, (...) transcend the actual and local practices of their justification. In the case of moral rightness, this transcendence occurs as an infinite process of inclusion of the perspectives and interests of all potentially concerned persons — also (and foremost) the perspectives and interests of those who are strange to each other in their respective values, worldviews, and interests. With this account of “truth-analogue” moral rightness, Habermas conceptualizes a kind of processual and “difference-sensible” universalism, which is very different from the substantialist universalism of some traditional conceptions of education, or Bildung. In the final section, Stojanov shows why including children in their otherness as children in the discursive process of production of moral knowledge, and thus treating them with a kind of epistemic respect, is a constitutive condition for that process. The demand for the discursive inclusion of children follows from the discourse ethics approach, but it requires an enlargement and some corrections of that approach. (shrink)

Reshaping our methodological research tools for adequately capturing injustice and domination has been a central aspiration of feminist philosophy and social epistemology in recent years. There has been an increasingly empirical turn in recent feminist and political theorization, engaging with case studies and the challenges arising from conducting research in solidarity with unequal partners. I argue that these challenges cannot be resolved by merely adopting a norm and stance of deference to those in the struggle for justice. To conduct philosophical (...) research in an engaged and solidaristic manner, I suggest that deference be supplemented by three methodological and normative principles: 1) epistemic humility, 2) accountability, and 3) co-producing knowledge. I situate these principles within contemporary philosophical work on solidarity, and show how they might help confront power imbalances and other methodological hazards that arise when conducting research in solidarity with others. I arrive at these principles in part by critically reflecting on my own attempt to conduct research in solidarity with women’s rights activists in Senegal. (shrink)

If you ought to perform a certain act, and some other action is a necessary means for you to perform that act, then you ought to perform that other action as well – or so it seems plausible to say. This transmission principle is of both practical and theoretical significance. The aim of this paper is to defend this principle against a number of recent objections, which (as I show) are all based on core assumptions of the view called actualism. (...) I reject actualism, provide an alternative explanation of its plausible features, and present an independent argument for the transmission principle. (shrink)

In 2004 Emanuel et al. published an influential account of exploitation in international research, which has become known as the 'fair benefits account'. In this paper I argue that the thin definition of fairness presented by Emanuel et al, and subsequently endorsed by Gbadegesin and Wendler, does not provide a notion of fairness that is adequately robust to support a fair benefits account of exploitation. The authors present a procedural notion of fairness – the fair distribution of the benefits of (...) research is to be determined on a case-by-case basis by the parties involved in each study. The fairness of the distribution of benefits is not assessed against an independent normative standard. Emanuel et al.'s account of fairness provides a framework for objecting only to transactions that occur without the fully informed consent of the weaker party. As a result, a debate about exploitation collapses into a debate about consent. This is problematic because, as the proponents of the fair benefits framework acknowledge, neither the trial participants' consent nor the host community's consent preclude exploitation. Attempts to stipulate normative standards of fairness to protect research subjects in developing countries have been controversial and divisive, and it is therefore understandable that bioethicists would be tempted to develop accounts of exploitation that are independent of such prescriptive principles. I conclude, however, that the utility of the fair benefits model of exploitation as a policy tool will ultimately depend on whether a substantive principle of fairness can be developed to underpin it. (shrink)

Is logic normative for belief? A standard approach to answering this question has been to investigate bridge principles relating claims of logical consequence to norms for belief. Although the question is naturally an epistemic one, bridge principles have typically been investigated in isolation from epistemic debates over the correct norms for belief. In this paper we tackle the question of whether logic is normative for belief by proposing a Kripkean model theory accounting for the interaction between (...) logical, doxastic, epistemic and deontic notions and using this model theory to show which bridge principles are implied by epistemic norms that we have independent reason to accept, for example, the knowledge norm and the truth norm. We propose a preliminary theory of the interaction between logical, doxastic, epistemic and deontic notions that has among its commitments bridge principles expressing how logic is normative for belief. We also show how our framework suggests that logic is exceptionally normative. (shrink)

Is logic normative for belief? A standard approach to answering this question has been to investigate bridge principles relating claims of logical consequence to norms for belief. Although the question is naturally an epistemic one, bridge principles have typically been investigated in isolation from epistemic debates over the correct norms for belief. In this paper we tackle the question of whether logic is normative for belief by proposing a Kripkean model theory accounting for the interaction between (...) logical, doxastic, epistemic and deontic notions and using this model theory to show which bridge principles are implied by epistemic norms that we have independent reason to accept, for example, theknowledge normand thetruth norm. We propose a preliminary theory of the interaction between logical, doxastic, epistemic and deontic notions that has among its commitments bridge principles expressing how logic is normative for belief. We also show how our framework suggests that logic is exceptionally normative. (shrink)

The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the (...) harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization. (shrink)

Resumen: En el presente artículo se pretende, junto con ampliar las referencias de interpretación y caracterización del pensamiento social y político de la Edad Media, rastrear, por medio de los aportes de Marsilio de Padua, las posibles fuentes o referencias que, en el contexto de las discusiones de los siglos XIII-XIV, pueden verse contenidas en los márgenes de las fundamentaciones de las democracias contemporáneas, incluyendo, para el caso, las discusiones en torno al liberalismo político y el imperativo del pluralismo.: Through (...) the works of Marsilius of Padua we trace sources and references that, in the context of thirteenth and fourteenth century discussions, may be seen on the margins of the foundations of contemporary democracy. The article discusses arguments related to political liberalism, the imperative of pluralism, and a broadening of the characterization of the social and political thinking of the Middle Ages. (shrink)

Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that (...) metanormative principles are directed second-order obligations and, in particular, that the requirement related to deductive closure is directed to the norm-applier role rather than to the norm-giver role. The approach has been applied to the case of pure derogation yielding a new result, namely, that an independence property is a perfection-property of a norm-set in view of possible derogation. This paper in a polemical way touches upon several points raised by Kristan in his recent paper. (shrink)

Knowledge aims to fit the world, and action to change it. In this collection of essays, Onora O'Neill explores the relationship between these concepts and shows that principles are not enough for ethical thought or action: we also need to understand how practical judgement identifies ways of enacting them and of changing the way things are. Both ethical and technical judgement are supported, she contends, by bringing to bear multiple considerations, ranging from ethical principles to real-world constraints, and (...) while we will never find practical algorithms - let alone ethical algorithms - that resolve moral and political issues, good practical judgement can bring abstract principles to bear in situations that call for action. Her essays thus challenge claims that all inquiry must use either the empirical methods of scientific inquiry or the interpretive methods of the humanities. They will appeal to a range of readers in moral and political philosophy. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) Universal Declaration on Bioethics and Human Rights (UDBHR) expresses in its title and substance a controversial linkage of two normative systems: international human rights law and bioethics. The UDBHR has the status of what is known as a ‘non-binding’ declaration under public international law. The UDBHR’s normative foundation within bioethics (and association, for example, with virtue-based or principlist bioethical theories) is more problematic. Nonetheless, the UDBHR contains socially important (...) class='Hi'>principles of technology transfer and transnational benefit (articles 14, 15 and 21). This paper is one of the first to explore how the disciplines of bioethics and international human rights law may interact in the UDBHR to advance the policy relevance and health impact of technology transfer and transnational benefit principles. It investigates their normative ancestry in the UDBHR, as well as relevant conceptual differences between bioethics and public international law in this respect and how these may be relevant to their conceptual evolution and application. (shrink)

The free energy principle says that any self-organising system that is at nonequilibrium steady-state with its environment must minimize its free energy. It is proposed as a grand unifying principle for cognitive science and biology. The principle can appear cryptic, esoteric, too ambitious, and unfalsifiable—suggesting it would be best to suspend any belief in the principle, and instead focus on individual, more concrete and falsifiable ‘process theories’ for particular biological processes and phenomena like perception, decision and action. Here, I explain (...) the free energy principle, and I argue that it is best understood as offering a conceptual and mathematical analysis of the concept of existence of self-organising systems. This analysis offers a new type of solution to long-standing problems in neurobiology, cognitive science, machine learning and philosophy concerning the possibility of normatively constrained, self-supervised learning and inference. The principle can therefore uniquely serve as a regulatory principle for process theories, to ensure that process theories conforming to it enable self-supervision. This is, at least for those who believe self-supervision is a foundational explanatory task, good reason to believe the free energy principle. (shrink)

In a recent exchange, John Worrall and Larry Laudan have debated the merits of the model of rational scientific change proposed by Laudan in his book Science and Values. On the model advocated by Laudan, rational change may take place at the level of scientific theory and methodology, as well as at the level of the epistemic aims of science. Moreover, the rationality of a change which occurs at any one of these three levels may be dependent on considerations at (...) the remaining levels. Yet, in spite of the avowedly anti-relativistic motivation of Laudan's model, Worrall criticizes Laudan for irrevocably relativizing scientific rationality to historically variant methodological standards. (shrink)

Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...) this paper. I will argue that traditional criticisms are unpersuasive, but that there is a different, powerful argument against equality before the law. The third ambition of the paper is to argue that there is a sense, overlooked by both proponents and critics, in which the principle still captures something important, albeit at the cost of shifting from intrinsic to instrumental value. (shrink)

The article of Volodymyr Moroz ―Normative character of the principles of Social doctrine of Catholic Church: an evolutional way of formation - is devoted to the analysis of Catholic Church’s Teaching over the human dignity. Author explores also the process of settling of the principles of common good, subsidiarity and solidarity in the Teaching of Catholic Church. Mentioned principles are investigated in the case of orientation to provide a reverence to transcendent human dignity. Author sums up (...) that all three principles have normative character. That is to say the principles are called to guarantee certain coordination between the social reality and the verities, which were declared by the Social doctrine of the Church. (shrink)

Discursive theories of justice have been questioned for putting forward high-level principles that should nevertheless play a role in practical discourses in which the justice of a claim is at stake. Here, I will critically examine and systematize the main tenets in Rawls’s and Habermas’s discursive theories, and will suggest that the principles of justice (Rawls) and universalization (Habermas) can and play the role of mandates of optimalization in real deliberations on justice.

Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks. Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the (...) permanent sovereignty over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura, the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy). (shrink)

The article aims at organizing multifaceted discourse on the concept of nondirectiveness in the practice of genetic counseling. The analysis of areas where nondirectiveness was invoked and discussed reveals the problematic confusion of different meanings of the term that often leads to false conclusions about the relations between the professional standards and the practice of genetic counseling. The article offers clear and comprehensive description of different approaches to nondirectiveness and various ideas associated with the term. Normative consequences of various (...) meanings attributed to nondirectiveness are explored. The article concludes by presenting important but unsolved problems regarding both theory (the meaning of nondirectiveness and its operational definition) and practice of genetic counseling (the scope and content of the norm of nondirective counseling). (shrink)

An essential aim of this study is to present principles of the legal interpretation of the term “building structure” for the needs of the imposition of a real estate tax. The analysis of both administrative courts’ judgments and the subject literature indicates lack of consistency in the scope of this term’s meaning. In my opinion, interpretative discrepancies are caused by incorrect legal interpretation of the legal definition. It should be noticed that numerous controversies connected with the legal interpretation of (...) the term building structure are connected with considerable tax burden of this type of building objects. Taxpayers, for obvious reasons, are therefore “interested” in not finding the objects owned by them to be building structures in the meaning of the Tax Law, or possibly in finding only those objects’ specified parts to be building structures. It is easily apparent particularly in the case of objects of complex structures. On the other hand, however, for many municipalities in Poland, income from building structures’ taxation creates municipal budgets. This way the practice of applying local tax law encounters numerous disputes between taxpayers and self-government tax authorities. (shrink)

This is an introductory book that targets the reader who has the ambition to apply economic analysis but may be missing a technical introduction to its mathematical techniques or seeks a structured elaboration of its philosophical principles. The book juxtaposes economic analysis with moral philosophy, political theory, egalitarianism, and other methodological principles and then passes to the details of methods such as model-building, derivatives, differential equations, statistical tests, and the use of computer programs.

This paper discusses some of the current literature around the precautionary principle in environmental philosophy and law with reference to the possibility of transgenic food in Uganda (GMO bananas specifically). My suggestion is that the distinction between formal and substantive versions of a principle, familiar from legal theory, can be useful in imposing some conceptual clarity on aspects of debates concerning the precautionary principle. In particular, most of the negative critical response to the principle has been to formal versions of (...) it, and follows a pattern not unfamiliar from discussions of how to get from rules to outcomes. For its part, the less-discussed substantive account admits of at least two very different emphases. The first, which I call “Heideggerian,” exhibits a deep distrust of technology. The second, “autonomist,” is less concerned with the fact of technology than with the question of who controls it. As with any exercise of analytic taxonomy, this one will fail to adequately treat many of the objects it studies. However, I hope to illuminate what I take to be serious philosophical differences within the precautionary camp, and to highlight some of the questions they suggest in terms of the differences in political philosophy that might underlie and support them. (shrink)

I will discuss the relationship between two different accounts of remedial duty ascriptions. According to one account, the beneficiary account, individuals who benefit innocently from injustices ought to bear remedial responsibilities towards the victims of these injustices. According to another account, the causal account, individuals who caused injustices ought to bear remedial duties towards the victim. In this paper, I examine the relation between the principles central to these accounts: the Beneficiary Pays Principle and the well-established principle of Strict (...) Liability in law. I argue that both principles display a strong yet unexplored similarity as they make certain kinds of causal connection sufficient for incurring liability. Because of this similarity, I suggest that insights into the Beneficiary Pays Principle can be gained from exploring its relation with Strict Liability. In particular, I examine two new positive arguments that could be adapted to support of the Beneficiary Pays Principle: the Minimising Injustice Argument and the Normative Connection Argument. However, I’ll show that only one of those arguments, namely the Normative Connection Argument, can truly support the Beneficiary Pays Principle. I conclude that, if you endorse the Normative Connection Argument for Strict Liability, you have at least a strong prima facie reason to endorse the parallel argument for the Beneficiary Pays Principle. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal (...) philosophy from both the Anglo American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars. (shrink)

This article argues that a successful answer to Hume's problem of induction can be developed from a sub-genre of philosophy of science known as formal learning theory. One of the central concepts of formal learning theory is logical reliability: roughly, a method is logically reliable when it is assured of eventually settling on the truth for every sequence of data that is possible given what we know. I show that the principle of induction (PI) is necessary and sufficient for logical (...) reliability in what I call simple enumerative induction. This answer to Hume's problem rests on interpreting PI as a normative claim justified by a non-empirical epistemic means-ends argument. In such an argument, a rule of inference is shown by mathematical or logical proof to promote a specified epistemic end. Since the proof concerning PI and logical reliability is not based on inductive reasoning, this argument avoids the circularity that Hume argued was inherent in any attempt to justify PI. (shrink)

Veissière and collaborators ground their account of culture and social norms in the free-energy principle, which postulates that the utility of an outcome is equivalent to its probability. This equivalence would mean that their account entails that complying with social norms has always adaptive value. But, this is false, because many social norms are obviously maladaptive.

Bioethical research has tended to focus on theoretical discussion of the principles on which the analysis of ethical issues in biomedicine should be based. But this discussion often seems remote from biomedical practice where researchers and physicians confront ethical problems. On the other hand, published empirical research on the ethical reasoning of health care professionals offer only descriptions of how physicians and nurses actually reason ethically. The question remains whether these descriptions have any normative implications for nurses and (...) physicians? In this article, we illustrate an approach that integrates empirical research into the formulation of normative ethical principles using the moral-philosophical method of Wide Reflective Equilibrium (WRE). The research method discussed in this article was developed in connection with the project ‘Bioethics in Theory and Practice’. The purpose of this project is to investigate ethical reasoning in biomedical practice in Denmark empirically. In this article, we take the research method as our point of departure, but we exclusively discuss the theoretical framework of the method, not its empirical results. We argue that the descriptive phenomenological hermeneutical method developed by Lindseth and Norberg (2004) and Pedersen (1999) can be combined with the theory of WRE to arrive at a decision procedure and thus a foundation for the formulation of normative ethical principles. This could provide health care professionals and biomedical researchers with normative principles about how to analyse, reason and act in ethically difficult situations in their practice. We also show how to use existing bioethical principles as inspiration for interpreting the empirical findings of qualitative studies. This may help researchers design their own empirical studies in the field of ethics. (shrink)

Recently, Christine Bratu and Mortiz Dittmeyer have argued that Christine Korsgaard’s constitutive project fails to establish the normativity of practical principles because it fails to show why a principle’s being constitutive of a practice shows that one ought to conform to that principle. They argue that in many cases a principle’s being constitutive of a practice has no bearing on whether one ought to conform to it. In this paper I argue that Bratu and Dittmeyer’s argument fails in three (...) important respects. First, they fail to recognize the ways in which Korsgaard’s neo-Kantian view departs from more orthodox Kantian views. Second, they fail to recognize the respect in which Korsgaard’s view is a version of moral rationalism. Third, they overlook an important scope ambiguity in an important premise of their argument. A sensible way of resolving this ambiguity gives the constitutivist a reasonable response. (shrink)