Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, (...) in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

Renewing the deontology tradition of moral obligation requires, especially in relation to catastrophe and disaster, a broader methodological perspective which would enable deontology to transcend its own limits. The demand for pluralistic research approaches brings with challenging requirements that have to be considered when shaping a hybrid moral theory that incorporates a proactive approach. The personalist approach to the individual, based on the principles of integrity, responsibility and solidarity and seeking the wellbeing of a person, may prove inspirational (...) in shaping such a proactive approach. (shrink)

We have two aims in this paper. The first is negative: to demonstrate the problems in Bernard Gert’s account of common morality, in particular as it applies to professional morality. The second is positive: to suggest a more satisfactory explanation of the moral basis of professional role morality, albeit one that is broadly consistent with Gert’s notion of common morality, but corrects and supplements Gert’s theory. The paper is in three sections. In the first, we sketch the main features (...) of Gert’s account of common morality in general. In the second, we outline Gert’s explanation of the source of professional moral rules and demonstrate its inadequacy. In the third section, we provide an account of our own collectivist needs-based view of the source of the role-moral obligations of many professional roles, including those of health care professionals. (shrink)

A survey of character-based ethical theory across traditions.

The present paper analyses the topic of scientific discovery and the problem of the existence of a logical framework involved in such endeavour. We inquire how several non-monotonic logic frameworks and other formalisms can account for such a task. In the same vein, we analyse some key aspects of the historical and theoretical debate surrounding scientific discovery, in particular, the context of discovery and context of justification context distinction. We present an argument concerning the weakening of the discovery/justification context dichotomy (...) based on the descriptive accent contained in the non-monotonic logic perspective together with its epistemological concerns. (shrink)

Studying the neural correlates of conscious awareness depends on a reliable comparison between activations associated with awareness and unawareness. One particularly difficult confound to remove is task performance capacity, i.e. the difference in performance between the conditions of interest. While ideally task performance capacity should be matched across different conditions, this is difficult to achieve experimentally. However, differences in performance could theoretically be corrected for mathematically. One such proposal is found in a recent paper by Lamy, Salti and Bar-Haim [Lamy (...) D, Salti M, Bar-Haim Y. Neural correlates of subjective awareness and unconscious processing: an ERP study. J Cognitive Neurosci 2009,21:1435-46], who put forward a corrective method for an electroencephalography experiment. We argue that their analysis is essentially grounded in a version of High Threshold Theory, which has been shown to be inferior in general to Signal Detection Theory. We show through a series of computer simulations that their correction method only partially removes the influence of perfor- mance capacity, which can yield misleading results. We present a mathematical correction method based on Signal Detection Theory that is theoretically capable of removing performance capacity confounds. We discuss the limitations of mathemati- cally correcting for performance capacity confounds in imaging studies and its impact for theories about consciousness. (shrink)

This example, like the others, demands further discussion. My conclusion must therefore remain modest: an agent-neutral theory of our moral competence is not biologically implausible. Agent-centered rules like tit-for-tat, prerogatives, special obligations, and duties not to harm others might be best regarded as belonging to the theory of moral performance rather than the theory of moral competence. For biologists who may think otherwise, the general argument of this essay is that any claims to the contrary must be (...) based on more empirically well-developed theories of our moral competence and moral performance.More adequate theories of both kinds are worth developing, even if by themselves they determine nothing about how we ought to live our lives. Biology may help us understand the broad taxonomical categories of moral performance. It may also explain why, at the deepest levels of our moral thinking, we so easily slide into agent-neutral ways of reasoning. But how we ought to live our lives is something that must be determined by social experiment and moral argumentation. Discoveries regarding the empirical nature of morality cannot be made independently of the actual workings of our moral competence, which is itself only one factor in broader social and psychological processes that are capable of leading human beings down any number of more or less morally laudable paths. For a similar conclusion, see John Collier and Michael Stingl, “Evolutionary Naturalism and the Objectivity of Morality,” Biology and Philosophy, 8 (1993), pp. 47~0. The current essay owes much to discussions with John Collier, as well as to comments from several anonymous referees. (shrink)

University students will be our future business leaders, and will have to address social problems caused by business by implementing solutions such as social entrepreneurship ventures. In order to facilitate the learning process that will foster social entrepreneurship, however, a more holistic pedagogy is needed. Based on learning theory, we propose that students’ social entrepreneurship actions will depend on their learning about CSR and their absorptive capacity. We propose that instructors and higher education institutions can enhance this absorptive capacity by (...) exploiting Web 2.0 technologies. We tested our proposition with a sample of 425 university students using structural equation modeling and found support for the proposed relationships. (shrink)

We argue that individuals who have access to vaccines and for whom vaccination is not medically contraindicated have a moral obligation to contribute to the realisation of herd immunity by being vaccinated. Contrary to what some have claimed, we argue that this individual moral obligation exists in spite of the fact that each individual vaccination does not significantly affect vaccination coverage rates and therefore does not significantly contribute to herd immunity. Establishing the existence of a moral obligation (...) to be vaccinated despite the negligible contribution each vaccination can make to the realisation of herd immunity is important because such moral obligation would strengthen the justification for coercive vaccination policies. We show that two types of arguments—namely a utilitarian argument based on Parfit’s Principle of Group Beneficence and a contractualist argument—can ground an individual moral obligation to be vaccinated, in spite of the imperceptible contribution that any single vaccination makes to vaccine coverage rates. We add a further argument for a moral obligation to be vaccinated that does not require embracing problematic comprehensive moral theories such as utilitarianism or contractualism. The argument is based on a “duty of easy rescue” applied to collectives, which grounds a collective moral obligation to realise herd immunity, and on a principle of fairness in the distribution of the burdens that must be borne to realise herd immunity. (shrink)

Together we can achieve things that we could never do on our own. In fact, there are sheer endless opportunities for producing morally desirable outcomes together with others. Unsurprisingly, scholars have been finding the idea of collective moral obligations intriguing. Yet, there is little agreement among scholars on the nature of such obligations and on the extent to which their existence might force us to adjust existing theories of moral obligation. What interests me in this paper is (...) the perspective of the moral deliberating agent who faces a collective action problem, i.e. the type of reasoning she employs when deciding how to act. I hope to show that agents have collective obligations precisely when they are required to employ ‘we-reasoning’, a type of reasoning that differs from I-mode, best response reasoning, as I shall explain below. More precisely, two (or more) individual agents have a collective moral obligation to do x if x is an option for action that is only collectively available (more on that later) and each has sufficient reason to rank x highest out of the options available to them. (shrink)

In the epistemological context of theory transferand scientific exchanges, the aim of this paper is to indicate the presence of Weberian categories and ideas on dependency theory formulated by Fernando Cardosoand Enzo Faletto. Here we see how the construction of this paradigm was based on some issues, concepts, approaches and orientations of the Weberian research program formulated by José Medina Echavarría to explain Latin American development. We will also consider the contexts of enunciation and reception theories, allowing us to (...) talk about the "sociological school" that was formed in the Social Planning Division of ILPES in mid-sixties, crucial for understanding the history of sociology in Latin America. En el contexto de la discusión epistemológica sobre el examen de las transferencias y los intercambios científicos de las teorías, el objetivo de este artículo es señalar la presencia de categorías e ideas weberianas en lateoría de la dependencia formulada por Fernando Cardoso y Enzo Faletto. Aquí veremos cómo la construcción de este paradigma se sustentó en algunos temas, conceptos, enfoques y orientaciones del programa de investigación weberiano formulado por José Medina Echavarría para explicar el desarrollo latinoamericano. También tendremos en cuenta los contextos de enunciación y de recepción de las teorías, lo que nos permitirá hablar de la "escuela sociológica" que se formó en la División de Planificación Social del ILPES a mitad de los años 60, decisiva para comprender la historia de la sociología en América Latina. (shrink)

In this paper, I raise the problem of dealing with counterpossible conditionals for theories of subject matter. I argue that existing accounts of subject matter need to be revised and extended to be able to a) provide reasonable (potentially non-degenerate) verdicts about what counterpossibles are about, b) explain the intuition that counterpossibles are in some sense about what would happen if the antecedent were true, and c) explain in what sense counterpossibles can be about individuals. I sketch how one (...) could extend atom-based and way-based theories of subject matters to handle the problem. Then, I raise the problem that it might be desirable for a theory of subject matter to prevent the inference that certain counterpossibles are about the kinds of things that they seem to mention. (shrink)

Learning to address moral dilemmas is important for participants on courses in business ethics and corporate social responsibility (CSR). While modern, rule-based ethical theory often provides the normative input here, this has faced criticism in its application. In response, post-modern and Aristotelian perspectives have found favour. This paper follows a similar line, presenting an approach based initially on a critical interpretation of Ross's theory of prima facie duties, which emphasises moral judgement in actual situations. However, the retention of (...) a modern element is suggested, with an invitation to hypothetically universalise detailed proposals for action, following Hare. This further step may reassure students/managers who seek additional closure in their decision-making. Some pedagogical implications are also briefly raised regarding the use of case material and the need to recognise questions of social interaction and personal character as features of dilemma resolution in actual organisational contexts. (shrink)

Learning to address moral dilemmas is important for participants on courses in business ethics and corporate social responsibility (CSR). While modern, rule‐based ethical theory often provides the normative input here, this has faced criticism in its application. In response, post‐modern and Aristotelian perspectives have found favour. This paper follows a similar line, presenting an approach based initially on a critical interpretation of Ross's theory of prima facie duties, which emphasises moral judgement in actual situations. However, the retention of (...) a modern element is suggested, with an invitation to hypothetically universalise detailed proposals for action, following Hare. This further step may reassure students/managers who seek additional closure in their decision‐making. Some pedagogical implications are also briefly raised regarding the use of case material and the need to recognise questions of social interaction and personal character as features of dilemma resolution in actual organisational contexts. (shrink)

Maria Morales’s striking and thought-provoking argument in Perfect Equality is that John Stuart Mill’s egalitarianism unifies his practical philosophy and that this element of his thought has been neglected in recent revisionary scholarship. Placing Mill’s arguments for the substantive value of “perfect equality” in The Subjection of Women at the center of her analysis, Morales develops a distinctive interpretation of Mill as an egalitarian liberal. Morales also aims to counter many recent communitarian critiques of liberalism as founded upon a conception (...) of the self as atomistic and individualistic. Like other Mill scholars, Morales sees Mill’s liberalism as an appealing alternative to the dominant Rawlsian theory, and she offers Mill’s approach as a response to “the still popular view that liberalism is structurally incompatible with a rich conception of the human good, particularly with a substantive commitment to equality”. Mill’s theory is not “doggedly individualistic,” and it rejects the model of liberal social life as atomistic and abstract. The well-constituted communities of the title are based upon “sympathetic, cooperative, and egalitarian values”. (shrink)

Despite considerable attention to the need for systemic education for a new society, it is surprising to note how little research has actually been conducted in this area with transdisciplinary approach. Besides, there are many papers about new educational approaches but they are focused on a specific level, for example on higher education. Very little has been done in terms of a systemic and comprehensive approach capable of guiding human development from preschool to postgraduates studies-and beyond. This paper has two (...) purposes: (a) first, to articulate the theoretical framework of a new educational paradigm that responds to current needs of society and that integrates evolutionary perspectives on cultural and human development; (b) second, to suggest a research agenda that may be followed in the future to expand our knowledge base in the new educational paradigms area. (shrink)

We argue that moral decision making is reasons-based, focusing on the idea that people encounter decisions as questions to be answered and that they process reasons to the extent that they can see them as putative answers to those questions. After introducing our topic, we sketch the erotetic reasons-based framework for decision making. We then describe three experiments that extend this framework to moral decision making in different question frames, cast doubt on theories of moral decision (...) making that discount reasons and appeal, and replicate our initial finds in moral contexts that do not involve direct physical harm. We conclude by reinterpreting Stanley Milgram’s studies in destructive obedience in our new framework. (shrink)

Se busca rastrear la imagen que Platón tiene de Heráclito y articularla con la estructura argumentativa del Cratilo, para comprender las necesidades textuales a las que responde la doctrina del flujo perpetuo, es decir, la discusión sobre la corrección (ὀρθότης) del nombre. Gracias a la inclusión del testimonio heraclíteo, resulta posible rastrear la presunta consolidación de la tesis sobre los nombres primarios y los secundarios como el eje de la separación entre dos planos de realidad (uno estable y uno móvil) (...) y de la teoría de las Ideas -es decir, como la base de la epistemología platónica presente en los diálogos de madurez-. The article seeks to trace the image Plato has of Heraclitus and connect it with the argumentative structure of the Cratylus in order to understand the textual needs that give rise to the doctrine of perpetual flux, that is, the discussion regarding the correctness (ὀρθότης) of names. The inclusion of Heraclitus's testimony makes it possible to trace the alleged consolidation of the thesis regarding primary and secondary names as the axis of separation between two levels of reality (one stable, the other, changing) and the theory of Ideas -that is, as the basis of Plato's epistemology as set forth in the late dialogues-. (shrink)

Illness creates a range of negative emotions in patients including anxiety, fear, powerlessness, and vulnerability. There is much debate on the ‘therapeutic’ or ‘helping’ nurse–patient relationship. However, despite the current agenda regarding patient-centred care, the literature concerning the development of good interpersonal responses and the view that a satisfactory nursing ethics should focus on persons and character traits rather than actions, nursing ethics is dominated by the traditional obligation, act-centred theories such as consequentialism and deontology. I critically examine these (...) theories and the role of duty-based notions in both general ethics and nursing practice. Because of well-established flaws, I conclude that obligation-based moral theories are incomplete and inadequate for nursing practice. I examine the work of Hursthouse on virtue ethics’ action guidance and the v-rules. I argue that the moral virtues and a strong (action-guiding) version of virtue ethics provide a plausible and viable alternative for nursing practice. I develop an account of a virtue-based helping relationship and a virtue-based approach to nursing. The latter is characterized by three features: (1) exercising the moral virtues such as compassion; (2) using judgement; and (3) using moral wisdom, understood to include at least moral perception, moral sensitivity, and moral imagination. Merits and problems of the virtue-based approach are examined. I relate the work of MacIntyre to nursing and I conceive nursing as a practice: nurses who exercise the virtues and seek the internal goods help to sustain the practice of nursing and thus prevent the marginalization of the virtues. The strong practice-based version of virtue ethics proposed is context-dependent, particularist, and relational. Several areas for future philosophical inquiry and empirical nursing research are suggested to develop this account yet further. (shrink)

Some feminist philosophers criticize the idea of human rights because, they allege, it encapsulates male bias; it is therefore misguided, in their view, to extend moral rights to non-human animals. I argue that the feminist criticism is misguided. Ideas are not biased in favour of men simply because they originate with men, nor are ideas themselves biased in favour of men because men have used them prejudicially. As for the position that women should abandon theories of rights and (...) embrace an ethic that emphasizes care: women who made this choice would not so much liberate themselves from the patriarchy as they would conform to its representation of women as emotional, subjective and irrational. There is, then, no good reason to withhold ascribing rights to non-human animals, based on the criticisms of rights made by some feminists. (shrink)

In this article, I provide a new account of the basis of medical researchers' ancillary care obligations. Ancillary care in medical research, or medical care that research participants need but that is not required for the validity or safety of a study or to redress research injuries, is a topic that has drawn increasing attention in research ethics over the last ten years. My view, the relationship-based approach, improves on the main existing theory, Richardson and Belsky's ‘partial-entrustment model’, by avoiding (...) its problematic restriction on the scope of health needs for which researchers could be obligated to provide ancillary care. Instead, it grounds ancillary care obligations in a wide range of morally relevant features of the researcher-participant relationship, including the level of engagement between researchers and participants, and weighs these factors against each other. I argue that the level of engagement, that is, the duration and intensity of interactions, between researchers and participants matters for ancillary care because of its connection to the meaningfulness of a relationship, and I suggest that other morally relevant features can be grounded in researchers' role obligations. (shrink)

Charles Taylor's well-known essay, “Atomism”, criticizes libertarian theories of rights like Nozick's that make individual rights independent of any duties to belong to, support, or obey the law in the society in which those rights are to be enjoyed. Taylor argues that if one grounds rights to important liberties on the human capacity for autonomy, this commits one to the view that the development of autonomy in oneself and others is morally obligatory. Further, Taylor argues that most people cannot (...) develop autonomy in the absence of a certain sort of social and political environment. Hence, if it is morally obligatory to try to develop autonomy in oneself and others, it is also obligatory to belong to, support, and give obedience to those institutions which create the environment in which autonomy can be developed. (shrink)

In recent years serious attempts have been made to systematize and develop the moral and political themes of great philosophers of the past. Kant, Locke, Marx, and the classical utilitarians all have their current defenders and arc taken seriously as expositors of sound moral and political views. It is the aim of this book to introduce Hobbes into this select group by presenting a plausible moral and political theory inspired by Leviathan. Using the techniques of analytic philosophy (...) and elementary game theory, the author develops a Hobbesian argument that justifies the liberal State and reconciles the rights and interests of rational individuals with their obligations. Hobbes's case against anarchy, based on his notorious claim that life outside the political State would be a "war of all against all," is analyzed in detail, while his endorsement of the absolutist State is traced to certain false hypotheses about political sociology. With these eliminated, Hobbes's principles support a liberal redistributive State and a limited right of revolution. Turning to normative issues, the book explains Hobbes's account of morality based on enlightened self-interest and shows how the Hobbesian version of social contract theory justifies the political obligations of citizens of satisfactory States. (shrink)

The structural-systematic philosophy requires a moral theory. This essay seeks to determine whether either of two recent works, Joshua Greene’s Moral Tribes and Michael Tomasello’s A Natural History of Human Morality, should influence that theory. It first argues that Greene’s fails to make its case for utilitarianism over deontology. It then argues that Tomasello’s thesis that early humans developed moralities of sympathy and fairness, particularly when taken in conjunction with aspects of Alan Gewirth’s moral theory, fits well (...) with the moral theory envisaged by extant works on the structural-systematic philosophy. The envisaged theory maintains the objectivity of human rights. (shrink)

In this article, I provide a new account of the basis of medical researchers' ancillary care obligations. Ancillary care in medical research, or medical care that research participants need but that is not required for the validity or safety of a study or to redress research injuries, is a topic that has drawn increasing attention in research ethics over the last ten years. My view, the relationship‐based approach, improves on the main existing theory, Richardson and Belsky's ‘partial‐entrustment model’, by avoiding (...) its problematic restriction on the scope of health needs for which researchers could be obligated to provide ancillary care. Instead, it grounds ancillary care obligations in a wide range of morally relevant features of the researcher‐participant relationship, including the level of engagement between researchers and participants, and weighs these factors against each other. I argue that the level of engagement, that is, the duration and intensity of interactions, between researchers and participants matters for ancillary care because of its connection to the meaningfulness of a relationship, and I suggest that other morally relevant features can be grounded in researchers' role obligations. (shrink)

The focal objection of Nietzsche’s critique of morality is that morality is disvaluable because antagonistic to the highest forms of human excellence. Recent advances in Nietzsche commentary have done much to unpack this objection – an objection which, at first blush, shares certain affinities with worries developed by a number of more recent morality critics. Some, though, have sought to disassociate Nietzsche from these more recent critics, claiming that his critique is directed mainly against moralized culture and that it cannot (...) be successfully reapplied to moral theory. The aim of this paper is to show that there is a viable Nietzschean objection to obligation-centred moral theory – and, in particular, to those undermanding versions that resist the more recent morality critics’ worries. The paper develops two sets of arguments, according to which (respectively) complying with an undemanding moral theory is both inimical to and incompatible with realizing Nietzschean excellence. Thus, even undemanding moral theories generate the effects to which Nietzsche objects. (shrink)

In many vertebrates, the enzymatic oxidation of dietary yellow carotenoids generates red keto‐carotenoids giving color to ornaments. The oxidase CYP2J19 is here a key effector. Its purported intracellular location suggests a shared biochemical pathway between trait expression and cell functioning. This might guarantee the reliability of red colorations as individual quality signals independent of production costs. We hypothesize that the ornament type (feathers vs. bare parts) and production costs (probably CYP2J19 activity compromising vital functions) could have promoted tissue‐specific gene relocation. (...) We review current avian tissue‐specific CYP2J19 expression data. Among the ten red‐billed species showing CYP2J19 bill expression, only one showed strong hepatic expression. Moreover, a phylogenetically‐controlled analysis of 25 red‐colored species shows that those producing red bare parts are less likely to have strong hepatic CYP2J19 expression than species with only red plumages. Thus, both production costs and shared pathways might have contributed to the evolution of red signals. (shrink)

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite the fact (...) that those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

This volume responds to the growing interest in finding explanations for why moral claims may lose their validity based on what they ask of their addressees. Two main ideas relate to that question: the moral demandingness objection and the principle "ought implies can." Though both of these ideas can be understood to provide an answer to the same question, they have usually been discussed separately in the philosophical literature. The aim of this collection is to provide a focused (...) and comprehensive discussion of these two ideas and the ways in which they relate to one another, and to take a closer look at the consequences for the limits of moral normativity in general. Chapters engage with contemporary discussions surrounding "ought implies can" as well as current debates on moral demandingness, and argue that applying the moral demandingness objection to the entire range of normative ethical theories also calls for an analysis of its presuppositions. The contributions to this volume are at the leading edge of ethical theory, and have implications for moral theorists, philosophers of action, and those working in metaethics, theoretical ethics and applied ethics. (shrink)

In liberal moral theory, interfering with someone’s deliberate engagement in a self-harming practice in order to promote their own good is often considered wrongfully paternalistic. But what if self-harming decisions are the product of an oppressive social context that imposes harmful norms on certain individuals, such as, arguably, in the case of cosmetic breast surgery? Clare Chambers suggests that such scenarios can mandate state interference in the form of prohibition. I argue that, unlike conventional measures, Chambers’ proposal recognises that (...) harmful, discriminatory norms entail a twofold collective moral obligation: to eliminate the harmful norm in the long run, but also to address unjust harm that is inflicted in the meantime. I show that these two obligations tend to pull in opposite directions, thus generating a serious tension in Chambers’ proposal which eventually leads to an undue compromising of the second obligation in favour of the first. Based on this discussion, I develop an alternative proposal which, instead of prohibiting breast implant surgery, offers compensation for the disadvantages suffered by individuals who decide not to have surgery. (shrink)

Reacting against the dominance of obligation-based moral theories in both general and nursing ethics, the author proposes a 'strong' (action-guiding) account of a virtue-based approach to moral decision-making within contemporary nursing practice. Merits and criticisms of obligation and virtue-based approaches to morality are identified and examined. One of the author's central premises is that the notions of moral goodness and badness carry more moral weight than the traditionally important notions of moral rightness and wrongness. (...) Therefore, the author argues that in order to deliver morally good care, it is vital to consider the kind of nurse one is and this means examining one's moral character. This book will be rewarding reading for a wide range of readers including clinical nurses, nurse educators and nurse ethicists; indeed, anyone interested in morality and ethics and the work of nurses will find this book stimulating reading. (shrink)

Cancer is a chronic disease that causes the most deaths in the world, being a public health problem nowadays. Even though breast cancer affects the daily lives of patients, many women become resilient after the disease, decreasing the impact of the diagnosis. Based on a positive psychology approach, the concept of co-vitality arises understood as a set of socio-emotional competencies that enhance psychological adaptation. In this sense, emotional intelligence is one of the main protective factors associated with resilience. However, it (...) is not always as beneficial as it seems, and can lead to collateral effects on psychological adjustment. Given this controversy, this study aims to find the specific processes through which the dimensions of Perceived Emotional Intelligence can act as a risk or protective factor in the development of resilience. The total sample was 167 women, 46.7% were breast cancer survivors, and 53.3% were healthy controls. The selection of women with breast cancer carries out randomly, recruited through the Oncology Units. The sample completed measures of resilience and PEI, through Resilience Scale and TMMS-24. The results showed that breast cancer survivors showed higher age and greater levels of resilience and mood repair than healthy women. The mediation analysis revealed that breast cancer survival and PEI predicted 28% of the variance of resilience. The direct effects showed that emotional clarity and mood repair increased resilience levels. Although breast cancer did not predict resilience directly, it does through mood repair by an indirect process. Besides, the analysis showed that emotional attention played a role in vulnerability, decreasing mood repair, and resilience. These research support theories that point to a possible dark side of PEI, thus, a great level of emotional attention makes dark the positive effect of mood repair and personal growth if a clear perception of emotions does not complement it. These results provide empirical support concerning the need to work complementary each dimension of PEI to avoid unwanted effects on intrapersonal adjustment. (shrink)

Kant's discussion of the feeling of respect presents a puzzle regarding both the precise nature of this feeling and its role in his moral theory as an incentive that motivates us to follow the moral law. If it is a feeling that motivates us to follow the law, this would contradict Kant's view that moral obligation is based on reason alone. I argue that Kant has an account of respect as feeling that is nevertheless not separate from (...) the use of reason, but is intrinsic to willing. I demonstrate this by taking literally Kant's references to force in the second Critique. By referring to Kant's pre-critical essay on Negative Magnitudes (1763), I show that Kant's account of how the moral law effects in us a feeling of respect is underpinned by his view that the will is a kind of negative magnitude, or force. I conclude by noting some of the implications of my discussion for Kant's account of virtue. (shrink)

Rational choice models are characterized by the image of the self-interested Homo economicus. The role of moral concerns, which may involve a concern for others' welfare in people's judgments and choices, questions the descriptive validity of such models. Increasing evidence of a role for perceived moral obligation within the expectancy-value-based theory of reasoned action and the theory of planned behavior indicates the importance of moral-normative influences in social behavior. In 2 studies, the influence of moral judgments (...) on attitudes toward food produced with the use of genetic engineering techniques and toward meat consumption is addressed. The reasons participants provide for their moral judgments indicate some foci of their moral concerns. The results of both studies corroborate earlier findings that perceived moral obligation has independent effects on behavioral intentions; they also provide evidence that such judgments may affect attitudes themselves. The results are discussed in relation to the need for attitude-behavior models to reflect the role of moral evaluations in judgment and choice. (shrink)

I examine the self-interest based contractarian's attempt to answer the question, "Why be moral?" In order to defeat the skeptic who accepts reasons of self-interest only, contractarians must show that the best theory of practical reasons includes moral reasons. They must show that it is rational to act morally even when doing so conflicts with self-interest. ;I examine theories offered by Hobbes, Baier, and Grice, and show they fail to defeat skepticism. Hobbes' theory gives no special weight (...) to moral reasons as they can be eliminated in favor of prudential reasons; Baier's theory fails to establish that from the fact that it is rational to adopt the moral points of view, it is rational to act from it; and Grice's theory attempts to link promising, obligations, and reasons, but leaves certain crucial points in the argument undefended. ;In Morals by Agreement, Gauthier offers the best theory of its kind, and treatment of it constitutes the bulk of the thesis. Gauthier tries to refute the skeptic by showing that it is in one's interest to adopt a moral disposition, and that every action expressing the disposition is rational. The dispositional move is one the contractarian must make to avoid the problems facing the other theories examined. But Gautheir's argument for the rationality of the disposition relies on an empirically dubious assumption of translucency, and as such, fails to show that persons in ordinary circumstances are rational to be moral. Moreover, Gauthier fails to show that the rationality of the disposition carries over to the particular actions expressing it. The alternative view, called the "Independency Thesis," is more plausible than Gauthier's, but not available to him. Thus the contractarian fails to defeat skepticism. (shrink)

How is the Confucian moral agent motivated to do what he or she judges to be right or good? In western philosophy, the answer to a question such as this depends on whether one is an internalist or externalist concerning moral motivation. In this article, I will first interpret Confucian ethics as role-based ethics and then argue that we can attribute to Confucianism a position on moral motivation that is neither internalist nor externalist but somewhere in between. (...) I will then illustrate my claim with my reading of Mencius 6A4, showing that it is superior to readings found in the literature, which typically assume that Mencius is an internalist. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the (...) relevant reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

Recent work in moral philosophy has emphasized the foundational role played by interpersonal accountability in the analysis of moral concepts such as moral right and wrong, moral obligation and duty, blameworthiness, and moral responsibility (Darwall 2006; 2013a; 2013b). Extending this framework to the field of moral psychology, we hypothesize that our moral attitudes, emotions, and motives are also best understood as based in accountability. Drawing on a large body of empirical evidence, we argue (...) that the implicit aim of the central moral motives and emotions is to hold people - whether oneself or others - accountable for compliance with the demands of morality. Moral condemnation is based in a motive to get perpetrators to hold themselves accountable for their wrongdoing, not, as is commonly supposed, a mere retributive motive to make perpetrators suffer (�2). And moral conscience is based in a genuine motive to hold oneself accountable for behaving in accordance with moral demands, not, as is commonly supposed, a mere egoistic motive to appear moral to others (�3). The accountability-based theory of the moral motives and emotions we offer provides better explanations of the extant empirical data than any of the major alternative theories of moral motivation. Moreover, conceiving of moral psychology in this way gives us a new and illuminating perspective on what makes morality distinctive: its essential connection to our practice of holding one another accountable (�4). (shrink)

In a two-tiered, or Dual Oughts, moral theory, the objective account of right and wrong is supplemented by decision guides designed to enable an agent, uncertain about the circumstances or consequences of her possible actions, to indirectly apply the objective theory by using an appropriate decision guide. But are the decision guides counsels of morality or counsels of rationality? Peter Graham argues they are counsels of pragmatic rationality. This paper shows Graham’s view is unsuccessful, and argues, based on the (...) approach recently developed in [Author] that decision guides must be seen as moral principles. An explanation is provided for why we may be tempted to interpret decision guides as principles of rationality. (shrink)

University of Calgary, Canada and Tel Aviv University, Israel mkeren{at}ucalgary.ca ' + u + '@' + d + ' '//--> Stacy Nyikos University of Tulsa, USA stacy-nyikos{at}utulsa.edu ' + u + '@' + d + ' '//--> Although questions of political obligation have been much discussed by scholars, little attention has been paid to moral reasons advanced by actual states to justify the compliance of their subjects. We examine the `self-image of the state' through Supreme Court decisions in the (...) USA, Germany, and Israel. Because moral reasons are expressed especially clearly in cases regarding obligations to provide military service, we focus on these. In spite of their important constitutional and judicial differences, the three states support military obligations along similar lines, though with some differences. In all three countries, appeal is made to obligations of reciprocity. Individuals must serve in order to provide the important benefit of defense. This `service conception' of political obligation accords norms of fairness or equality a central role, in order to justify the service of particular individuals. Reasons for less emphasis on fairness in Israeli cases are examined, while we claim that the overall similarities of the three countries provide some measure of indirect support to a theory of political obligation based on the principle of fairness. Key Words: political obligation • military service • fairness • principle of fairness • liberalism • state. (shrink)

The paper focuses on John Rawls’ theory of political obligation. Rawls bases political obligation on our natural duties of justice, which are mediated to us by our sense of justice. Therefore the justification of political obligation also requires moral justification: the justification of the principles of justice. In the paper I first investigate that part of Rawls’ argument that has the role of justification: the method of reflective equilibrium. This method raises several problems, the most severe of which is (...) that it neglects the fact of pluralism. The second part of the paper deals with this problem. I analyse how Rawls’ theory and his method of justification has changed as a result of taking into account the fact of pluralism. Finally, building on the demands of pluralism and the shortcomings of the Rawlsian answer, I present a possible theory of political obligation. This theory is grounded in the interpretation of the community’s political culture while fitting it into a discourse-based theoretical framework. (shrink)

Scholars who doubt the existence of general political obligations typically criticize and reject theories of obligation based on individual moral principles, for example, consent, fairness, or a natural duty of justice. Astronger position can result fromcombining different principles in a single theory. I develop a multiprinciple theory of political obligation, based on the principle of fairness, a natural duty of justice, and what I call the “common good” principle. The three principles interact in three main ways: “cumulation,” combining (...) the separate state services that different principles cover; “mutual support,” combining the force of different principles in regard to the same state services; and simple overlap. The resulting theory is able to satisfy the main conditions for an adequate theory of obligation: demonstrating that all or nearly all inhabitants of society have moral requirements to obey the law, and that these extend to the full range of state services. (shrink)

In Exemplarist Moral Theory of Linda Zagzebski presents an original moral theory based on direct reference to exemplars of goodness, whom we identify through the emotion of admiration. Using examples of heroes, saints, and sages, she shows how narratives of exemplars and empirical work on the most admirable persons can be incorporated into the theory to serve both theoretical and practical purposes.

The paper is organized around two major, but closely interconnected goals. First, the paper’s principal aim is to offer a normative theory of political obligations that is based on certain insights of philosophical anarchism, theories of associative obligations and political realism. Second, the paper aims to offer a normative theoretical framework to examine political obligations in contemporary non-democratic contexts that does not vindicate non-democratic regimes and that does not exclude political obligations from the terrain of moral normativity. The (...) theory of political obligations this paper proposes can be briefly summarized as follows: political obligations are duties of compliance with the political authority claims of those who exercise political power. Their primary ground is membership. The mere fact of membership has moral weight in its own right and it is also inseparably embedded into a rich context of moral reasons for action that includes general reasons; ad hoc reasons; regime-specific reasons applying to every subject; and regime-specific offices that attribute specific responsibilities to individuals and groups. This rich context of typical moral reasons plays an important role in deciding what needs to be done, all things considered, with respect to the political authority claims. This account attempts to describe compliance in terms of genuine political obligations and also claims to be a plausible and general account. It does not claim to be a theoretically coherent moral justification for political obligations, however, just a theoretically coherent account of the varied sources and limitations of political obligations. (shrink)

What do we owe to our descendants? How do we balance their needs against our own? Tim Mulgan develops a new theory of our obligations to future generations, based on a new rule-consequentialist account of the morality of individual reproduction. He also brings together several different contemporary philosophical discussions, including the demands of morality and international justice. His aim is to produce a coherent, intuitively plausible moral theory that is not unreasonably demanding, even when extended to cover future people. (...) While the book focuses on developing this new account, there are also substantial discussions of alternative views, especially contract-based accounts of intergenerational justice and competing forms of consequentialism. (shrink)