Discourse on Method part 3 offers une morale par provision, usually translated as ‘a provisional moral code’. Occasionally it has been questioned that this code is temporary and restricted to those engaged in pure inquiry. We argue that Descartes intends the moral code to be his final ethical position universally applicable. Since the moral code is ‘derived from’ the rules of method, it should have their permanence, holding for the time pure inquiry commences and when it completes the sciences. (...) Moreover, the four moral maxims replace the classical cardinal virtues. Thus they are meant to govern the lives of all persons. (shrink)

A generation of intensive Cartesian studies has left undisturbed Lévy-Bruhl's interpretation of "tirée de cette méthode." In his authoritative commentary on the Discours, Gilson accepts both the premise and the conclusion of Lévy-Bruhl's interpretation of this expression.

Descartes claims in the Discourse on Method (1637) to have devised a morale par provision in 1619-20, but, later, in the Conversation with Burman (1648), he divulged that he “does not like writing on ethics,” asserts that his morale was hastily written immediately before the publication of the Discourse, and, even more striking, adds that he was “compelled” to include this content due to “people like the Schoolmen.” These facts have led commentators to be skeptical whether Descartes created his morale (...) during his early philosophy as he claims in Part 3 of the Discourse. In response, I argue that he created a ‘lived morale’ during the early 1620s. Further, I argue that he endorsed it throughout his lifetime and conclude that he advocated it from the Rules for the Direction of the Mind (1620s) to the Passions of the Soul (1648). (shrink)

This paper explores Descartes's work with an eye towards abiding issues in moral epistemology. In so doing, I focus on the role played by the so-called provisional morality that surfaces in "Discourse on the Method". What I argue is that despite the tenuousness with which it seems to be held, Descartes remained committed to the truth of this morality even in the midst of his most strenuous philosophical reflections. Put in the contemporary epistemological terms which provide the (...) context of my discussion, I argue that Descartes believed in the goodness of his provisional morality as opposed to merely accepting its maxims. (shrink)

이 논문은 데카르트의 윤리학 연구에 있어서 중요한 문제 중의 하나인 『방법서설』의 ‘임시도덕’과 1644년 이후 텍스트와의 관계를 다룬다. 그동안 많은 데카르트 학자들은 ‘임시도덕’은 데카르트가 『철학의 원리』 프랑스어판 서문에서 말한 ‘최고의 그리고 가장 완전한 윤리학’이 확립되면 폐기되어야 할 일시적이고 임시적인 것으로 간주해왔다. 이 논문의 목적은 많은 학자들이 주장한 것과 달리 데카르트의 ‘임시도덕’이 ‘임시적’인 것이 아님을 보여주는 것이다. 프랑스어로 ‘par provision’은 ‘임시적provisoire/provisional’이라는 의미가 아니라 “소송 당사자에게 미리 판결을 부여하는 법률용어”이다. 이 판결은 최종판결에 의해서 뒤집히는 것이 아니라 최종 판결보다 먼저 나오는 판결이다. 이런 (...) 의미에서 ‘임시도덕’은 무효화될 윤리학이 아니라 나중에도 여전히 유효한 윤리학이라고 할 수 있다. 실제로 데카르트는 『방법서설』의 임시도덕을 1645년 8월 4일 엘리자베스에게 보낸 편지에서 반복한다. 특히 ‘임시도덕’의 두 번째 준칙을 데카르트는 후기 철학에서 아예 ‘덕vertu’이라고 부른다. 따라서 ‘임시도덕’의 두 번째 준칙은 임시적인 것이 아니라 『방법서설????을 썼을 때부터 『정념론』에 이르기까지 데카르트의 윤리학을 관통하고 있는 요소인 것이다. ‘임시도덕’의 세 번째 준칙의 핵심은 우리의 욕망을 통제하는 문제이다. 욕망을 통제하는 문제, 즉 나에게 전적으로 의존하는 것과 의존하지 않는 것을 구분하는 문제 역시 데카르트 후기 윤리학에서 끊임없이 반복되는 문제일 뿐만 아니라 그 자체로 데카르트 윤리학의 핵심이라고 할 수 있는 문제이다. 데카르트의 ‘임시도덕’과 후기 철학의 윤리학의 관계에 대한 나의 주장은 데카르트의 ‘임시도덕’은 ‘최고의 그리고 가장 완전한 윤리학’이 나오면 폐기되어야 할 ‘임시적’인 것이 아니라 아직은 ‘비공식적인informal 윤리학’이라는 것이다. (shrink)

We see cases of moral luck arising in recent times, as we face the uncertainties of provisional rules for navigating the coronavirus pandemic. How should we respond to rule-breakers, and how should they view themselves, when they cause harm inadvertently? Although some argue that guilt is unnecessary for any harm that may result from luck, this paper takes moral luck seriously and encourages consideration of the benefits to be achieved by expressions of self-blame amidst troubling circumstances, from pure accidents (...) to how we live during pandemics. It argues that rule-breakers in public health crises show us the importance of taking responsibility for our actions. (shrink)

Kant maintains that while claims to property are morally possible in a state of nature, such claims are merely “provisional”; they become “conclusive” only in a civil condition involving political institutions. Kant’s commentators find this thesis puzzling, since it seems to assert a natural right to property alongside a commitment to property’s conventionality. We resolve this apparent contradiction. Provisional right is not a special kind of right. Instead, it marks the imperfection of an action where public authorization is (...) lacking. Provisional right thereby functions as a methodological device in a sequential elucidation of the moral basis of public law. To develop this reading, we first explain Kant’s two-step account of property rights—his division between ‘having’ and ‘acquiring’. Then we explain what is involved in a sequential exposition of right more generally. (shrink)

For many of the moral beliefs we hold, we know that other people hold moral beliefs that contradict them. If you think that moral beliefs can be correct or incorrect, what difference should your awareness of others’ disagreement make to your conviction that you, and not those who think otherwise, have the correct belief? Are there circumstances in which an awareness of others’ disagreement should lead you to suspend a moral belief? If so, what are they, and why? This paper (...) argues that three principles, taken together, give us a good answer to these questions; that they license a form of provisional moral self-trust; and that they reveal an interestingly distinctive form of pragmatic encroachment in relation to the epistemic standards governing moral belief. (shrink)

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with more social power. The present article explains (...) how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with more social power. The present article explains (...) how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

There are many moral qualities which are valued in men. But the question of virtue, of the moral worth of the person as an agent, is quite a different question from that of whether or not he possesses these moral qualities. The problem with which Kant wrestled for many years was that of the nature of the relation between the ‘feeling’ and the ground or motivation of moral action. His Critical doctrine was that the moral feelings lie at the basis (...) of morality, as subjective conditions of our receptiveness to the concept of duty. The Critical doctrine was to allocate the moral feeling to the causality of reason in its practical use, and in that way deliver it from the subjectivism which Kant attributes to all feelings. In the Prize Essay Kant explicitly limits the task of philosophy, however provisionally, to the analytic one of exhibiting, in Newtonian fashion, the basic elements of experience. (shrink)

What is right in the corporation is not what is right in a man's home or in his church," a former vice-president of a large firm observes. "What is right in the corporation is what the guy above you wants from you." Such sentiments pervade American society, from corporate boardrooms to the basement of the White House. In Moral Mazes, Robert Jackall offers an eye-opening account of how corporate managers think the world works, and of how big organizations shape moral (...) consciousnss. Based on extensive interviews with managers at every level of two industrial firms and of a large public relations agency, Moral Mazes takes the reader inside the intricate world of the corporation. It is a world where hard work does not necessarily lead to success, but where sharp talk, self-promotion, powerful patrons, and sheer luck might; where intense competition is masked by cheerfully bland public faces; where intentions are cloaked and frankness is simply one of many guises; and where words are always provisional and accountability often depends on the ability to outrun mistakes. In this topsy-turvy world, managers must bring often unforgiving technology and always difficult people together to make money, an uncompromising task demanding continual compromises with conventional verities. Moral issues are translated into practical concerns and into issues of public relations. Sooner or later, managrs ask themselves: How does one act in such a world and maintain a sense of personal integrity? Moral Mazes is a brilliant, sometimes disturbing, often wildly funny study of corporate thinking, decision-making, and morality. It is an analytical work of great importance, one filled with compelling real life stories of the men and women charged with running the business of America. It is a book for anyone interested in how big organizations actually function, or who is concerned with the current moral malaise in our public life. (shrink)

In the third and subsequent editions of Principles of Biomedical Ethics, Tom Beauchamp and James Childress articulate a series of ethical norms that they regard as “derived” from, and hence carrying, the “authority” of the common morality. Although Beauchamp and Childress do not claim that biomedical norms they derive from the common morality automatically become constituents of the common morality, or that every detail of their account carries the authority of the common morality, they regard these (...) derived norms as provisionally binding in a way that does not apply to the norms of mere “particular” moralities. Whereas particular moralities “do not bind other persons or communities,” Beauchamp and Childress have designed the norms of Principles of Biomedical Ethics to be “extensions” of the common morality that universally binds other persons and communities. Beauchamp and Childress seem to hold that (1) the norms they articulate in Principles of Biomedical Ethics are derived in an objective way from the common morality, and also that by virtue of being so derived (2) they carry a moral authority that objectively exceeds the authority of norms constituting particular moralities. My thesis in this essay is that both of these claims are false. (shrink)

Kant suggests in The Metaphysics of Morals that we may sometimes say something untrue or insincere since others are free to interpret our statements as they wish. (1996, 6:238) Yet he also argues that even in conflict situations we should be truthful so as to not eliminate trust and to make it possible for a rightful condition to arise. My paper considers the conditions Kant believes essential to maintain basic trust so that in better times peace is possible. It also (...) considers their relation to sincerity. I argue that Kant’s view can provide a model for building political trust after wars and other forms of conflict. Furthermore, I consider the need for the possibility of help as also necessary for trust, through the work of Jean Améry. In certain situations, sincerity is not the most important thing. More important are truthfulness and the willingness to act as if we were sincere and thought others and the world worthy of our trust. (shrink)

In this work I intend to explore the textual and conceptual roots of the moral view in the Early Modern Rationalism of Cartesian spectrum as detected by Elisabeth of Bohemia. To this intent, I will drive my analysis, first, to the remark Descartes adds to his own provisional morality of the Discourse in the Letter of August 4th, 1645 to Elisabeth. Second, I will approach the two aspects of her reply to Descartes, both in her Letter of September (...) 13th 1645, which I call a) the contextual aspect – with which she excludes the hypotheses of an infinite science at the service of assessing the good and b) the self-related aspect, with which the philosopher of Bohemia address the moral objectiveness as an intrinsic practical value, obtained by the passions that may lead to reasonable actions. The upshot is a practical and affective moral view, in which the normative trait of some passions of the soul can be taken as the explanation of an intentional infrastructure of the mind, without, however, a theory of ideas as such playing an explicit role. Instead of a representational endeavor, Elisabeth of Bohemia claims a kind of self-awareness from the discovery of a passionate function as an expression of the adequate measure between happiness and morality of actions. That kind of awareness, I shall demonstrate, is what objectiveness consists in. (shrink)

The Evolution of Morality attempts to accomplish two tasks. The first is to clarify and provisionally advocate the thesis that human morality is a distinct adaptation wrought by biological natural selection. The second is to inquire whether this empirical thesis would, if true, have any metaethical implications.

In this article, I consider the harms inflicted upon transgender persons through “misgendering,” that is, such deployments of gender terms that diminish transgender persons' self-respect, limit the discursive resources at their disposal to define their own gender, and cause them microaggressive psychological harms. Such deployments are morally contestable, that is, they can be challenged on ethical or political grounds. Two characterizations of “woman” proposed in the feminist literature are critiqued from this perspective. When we consider what would happen to transgender (...) women upon the broad implementation of these characterizations within transgender women's social context, we discover that they suffer from two defects: they either exclude at least some transgender women, or else they implicitly foster hierarchies among women, marginalizing transgender women in particular. In conclusion, I claim that the moral contestability of gender-term deployments acts as a stimulus to regularly consider the provisionality and revisability of our deployments of the term “woman.”. (shrink)

In letter 37 to Johannes Bouwmeester, Spinoza identifies a historiola mentis à la Bacon as an important tool for distinguishing more easily between adequate and inadequate ideas. This paper contends that Spinoza's advice is to take into account Baconian-style ‘Civil History’ as providing instructive material for contemplating the variety, complexity, and persistency of human passionate behaviour. Specifically, it argues that Baconian civil history forms an integral part of Spinoza's reflections on provisional morality. Although for Spinoza, philosophical beatitude ultimately (...) demands understanding affects through their first causes – the intuitive perception of things sub specie aeternitatis – in the realm of everyday Spinoza allows for a different, more pragmatic approach to morality. This paper argues at this stage that a philosophical understanding of the mind and its affections is not needed. Spinoza, following Bacon, holds that conduct of practical affairs is particularly improved when those so engage.. (shrink)

Given the centrality of the Buddhist doctrine of ‘no-self’, those instances in which the Buddha does indeed seem to advocate a self have always provided significant sites of hermeneutic inquiry within the Buddhist tradition. They have necessitated a range of sophisticated exegetical tools such as the division of the Buddha’s pronouncements into those of provisional meaning and those of ultimate meaning ; the centrality of discerning the Buddha’s real, as opposed to apparent, intention ; and of course the notion (...) of the Buddha’s utilization of his skillful means specifically to hone his teaching to cater to the different capacities of.. (shrink)

In this article, I consider the harms inflicted upon transgender persons through “misgendering,” that is, such deployments of gender terms that diminish transgender persons’ selfrespect, limit the discursive resources at their disposal to define their own gender, and cause them microaggressive psychological harms. Such deployments are morally contestable, that is, they can be challenged on ethical or political grounds. Two characterizations of “woman” proposed in the feminist literature are critiqued from this perspective. When we consider what would happen to transgender (...) women upon the broad implementation of these characterizations within transgender women’s social context, we discover that they suffer from two defects: they either exclude at least some transgender women, or else they implicitly foster hierarchies among women, marginalizing transgender women in particular. In conclusion, I claim that the moral contestability of gender-term deployments acts as a stimulus to regularly consider the provisionality and revisability of our deployments of the term “woman.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Descartes’s Moral Theory by John MarshallMartin HarveyJohn Marshall. Descartes’s Moral Theory. Ithaca: Cornell University Press, 1998. Pp. xi + 177. Cloth, $35.00.In this concise, well-wrought and provocative work, John Marshall sets two primary goals for himself: 1) to show that Descartes, contrary to the received view, does provide us with the foundational elements of a full fledged ethical theory, and 2) to prove, again contrary to standard interpreters, (...) that Descartes’s early theory of morals, as sketched in the Discourse, is at one with the later theory propounded in The Passions of the Soul and numerous correspondences with Princess Elizabeth.The book is divided into three parts. The first section includes a thorough discussion of Descartes’s self-described morale par provision which provides the philosophical inquirer with practical guidance while the theoretical foundations of his or her belief system are shorn by radical doubt. These four maxims—to follow the customs of one’s country, practice one’s faith and rely on the opinions of the wise, to act resolutely in the face of uncertainty, to master one’s passions and to live the life, at least in Descartes’s case, of a philosopher—should not, Marshall argues, be viewed as ‘provisional’ in a pejorative sense (16–19). Instead, Marshall claims that Descartes takes them to be derivable from his four rules of method (14; 32–33). Therefore, the morale par provision is not some sort of “convenient” compromise but actually forms the second order core of a viable ethical theory (16). The second part, Descartes’s “Final Morality” is devoted to exploring Descartes’s conception of virtue and his notion of the good life (57). Succinctly, the good life for Descartes is happiness which, according to Marshall, in a very weakly Neo-Stoic sense is taken to consist in virtue and wisdom. Formally defined, Cartesian virtue is “the disposition always to judge as well as we can what is the best plan of action and to adhere strictly to that plan” (63). In turn, in a letter to Elizabeth, we are informed that behaving virtuously requires one to display strength and firmness of will, to judge well, and to possess well ordered desires—evidence which Marshall takes to show a close correspondence with the maxims of the earlier morale par provision. (74–5). Contra commentators such as Geroult, an apparent conceptual continuum between the early and later theories thereby obtains. (See Martial Geroult, Descartes’s Philosophy Interpreted according to the Order of Reasons, translated by Roger Ariew [Minneapolis: University of Minnesota Press, 1985], Chapters 19–20.)Unfortunately, and as Marshall readily admits, Descartes provides us with little substantive guidance concerning his axiology and theory of right action. Thus, the third, and more “speculative” part of the work seeks to correct this deficit by delving into a proposed Cartesian metaethics (115). Marshall begins by fleshing out Descartes’s [End Page 677] concept of the Summum Bonum, i.e., virtue. Cartesian virtue is a second-order good which instructs us to strive after and promote various intrinsically valuable first-order goods such as joy, knowledge, friendship, free will, the love of God, etc. (118). As such, Descartes seems to provide us with a fairly straightforward teleological conception of ethics. Nonetheless, when we turn to moral theory proper, Marshall wants to claim that Descartes exhibits certain proto-Kantian leanings, entailed by his concept of generosite as discussed at length in The Passions. The genereux, i.e., those who display generosite, are individuals who, Marshall argues, always act with “respect” towards others and thus treat their fellows both benevolently and justly (152). The basis for this respect is to be found, and this is somewhat of a stretch, albeit an interesting one, in our mutual capacity for free and rational willing (156). From here, of course, it would be a rather short step to Kant. More work needs to be done, however, to square this seemingly non-consequentialist conception of right action with Descartes’s teleological axiology.Regardless, Marshall has accomplished his first task—the normative theory outlined in The Passions, although rudimentary, certainly deserves to be viewed as ethical, not simply prudential, in... (shrink)

One type of change that has lurked at the edges of scholarly discussions of international politics—often assumed, invoked, and alluded to, but rarely interrogated—is learning. Learning entails a very particular type of change. It is deliberate, internal, transformative, and peaceful. In this contribution to the roundtable “International Institutions and Peaceful Change,” I ask whether intergovernmental organizations can learn in a way that is comparable to the paradigmatic learning of individual human beings. In addressing this question, I take three steps. First, (...) I explore references to corporate entities “learning” within the discipline of international relations and ask whether what is being proposed is, in fact, genuine learning by the organizations themselves. Second, I attempt to construct a robust account of institutional learning that departs from these conceptions and acknowledges instead the self-reflection and structural transformation that I argue learning at the corporate level requires. Third, for the purpose of illustration, I turn briefly to the UN following the 1994 genocide in Rwanda and the slaughter of more than eight thousand men and boys outside Srebrenica in 1995 to identify examples of each stage of institutional learning. Finally, I offer three provisional claims about my proposed conception of institutional learning that warrant attention in future work. Namely, I suggest that institutional learning: cannot be equated with moral progress; is possible despite formal organizations being incapable of emotional responses such as shame or regret; and, perhaps most controversially, can occur at the level of the IGO without prior or parallel learning taking place at the level of the state or individual human actor. (shrink)

This paper discusses some issues concerning the definition of moral virtue in Nicomachean Ethics 1106b 36- 1107a 2. It is reasonable to expect from a definition the complete enumeration of the relevant features of its definiendum, but the definition of moral virtue seems to fail in doing this task. One might be tempted to infer that this definition is intended by Aristotle as a mere preliminary account that should be replaced by a more precise one. The context of the argument (...) Aristotle develops in Book II of his NE give us some help. I argue that the definition of moral virtue, once considered in the light of its context, is far from being an incomplete and provisional account: it rather introduces coherently the same notion of moral virtue that Aristotle employs in other texts (as in Nicomachean Ethics VI 13). My main proposal is that the way in which "hexis" is understood in the context of previous chapters allows Aristotle to encode in it the notion of an ability to do the right things regularly. Thus, moral virtue is a "hexis prohairetike etc.", but the ability to do the right things regularly is already encoded in the occurrence of "hexis" in the definiens account of moral virtue, as if Aristotle meant "hexis [praktike] prohairetike". (shrink)

The Tristan legend is the quintessential love story of the Middle Ages. From the formative period of its courtly branch, the only extant complete version is Tristrams saga ok Ísöndar (1226). King Hákon of Norway commissioned this and other romances to convince his aristocratic warriors to give up the kinship society ethos of heroic love that directed them to rape their enemies’ women. Courtly love sacralized female consent, yet critics have struggled to make sense of which purposes courtliness served. This (...) evolutionary reading of Tristrams saga reveals how courtly love not only functioned as an ideological bridge be­tween mating regimes, but also embodied proto-WEIRD psychology, the impersonal pro­sociality of the new mobile, educated, and transculturally inclusive European individual-as described by Henrich (2020). This ethos would evolve to become the morality of modernity. How it was disseminated exemplifies how fiction can help communities find provisional solutions to problems that cannot be solved definitely. (shrink)

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental novels (...) turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

This essay draws on Kenneth George's ethnographic study of the Indonesian painter Abdul Djalil Pirous and his art, as well as Pirous's own characterizations of his paintings as “spiritual notes,” to theorize and examine how paintings serve as ethical media. The essay offers a provisional definition of and methodology for “visual ethics” and considers how pictures and language can function quite differently as sites for ethical reflection. The particular painting analyzed here is a large temple mural of the death (...) of the Buddha located at Wat Unnalom, a prominent Buddhist monastery in Phnom Penh, painted in the 1980s by Cambodian artist Sum Pon. After discussing the lifeworld of Pon's Mahāparinibbāna and varied Khmer Buddhist interpretations of the painting, I suggest that the painting's rendering of “moral vision” helps us understand Buddhist ways of seeing more generally. I conclude by returning to George's question about how our understanding of ethics would change if we took pictures as the “fulcrum of moral relationships,” arguing that pictures can embody certain kinds of tensions or paradoxes that are difficult to explain and grasp discursively, such as paradoxes that arise from the inevitability and yet inexplicability of death as well as the tensions between Buddhist aims of cultivating “boundless” love and the particularities of our own individual experiences of love. (shrink)

The grounds for critique offered by Roy Bhaskar have developed over the course of his work, but two claims have remained central: ethical naturalism and moral realism. I argue that neither of these is compatible with a scientific realist understanding of values: a scientific realist approach commits one to treating values as socially produced and historically contingent. This does not, however, prevent us from reasoning about values, nor from developing critiques by combining ethical reasoning with a theoretical understanding of the (...) social world and its possibilities. In particular, we can draw on a variety of Habermas's discourse ethics to offer provisional justifications for value-claims that support a critical stance. Thus we can develop grounds for critique that are both ontologically credible and anti-foundational, but also judgementally rational. (shrink)

It is argued that the question of whether or not one is required to be or become a strict vegetarian depends, not upon a rule or ideal that endorses vegetarianism on moral grounds, but rather upon whether one's own physical, biological nature is adapted to maintaining health and well-being on a vegetarian diet. Even if we accept the view that animals have rights, we still have no duty to make ourselves substantially worse off for the sake of other rights-holders. Moreover, (...) duties to others, such as fetuses and infants, may require one to consume meat or animal products. Seven classes of individuals who are not required to be or become vegetarians are identified and their examption is related to nutritional facts; these classes comprise most of the earth's population. The rule of vegetarianism defines a special or provisional duty rather than any general or universal rule, since its observance it based upon the biological capacities of individual humans whose genetic constitution and environment makes them suitably herbivorous. It is also argued that generalizing the vegetarian ideal as a social goal for all would be wrongful because it fails to consider the individual nutritional needs of humans at various stages of life, according to biological differences between the sexes, and because it would have the eugenic effect of limiting the adaptability of the human species. The appeal to the natural interests of omnivores will not justify any claim that humans may eat amounts of meat or animal products in excess of a reasonable safety margin since animals have rights-claims against us. (shrink)

Chapter 5 addresses the provisional morality of the Treatise on the Emendation of the Intellect (TIE). The young Spinoza proposes that even as one works at emending the intellect, one should live by certain rules, which one must assume to be good. One should accommodate ordinary ways of speaking and living to the extent that one can without compromising one’s project. One should enjoy pleasures in moderation. Finally, one should seek instrumental goods only insofar as they are necessary (...) for health and social acceptability. In order to explain shifts in Spinoza’s views about the way that individuals should live while pursuing the good, the chapter traces developments in his accounts of ideas and of the relationship between the philosopher and society. (shrink)

RESUMENEl estudio se centra en la filosofía práctica cartesiana: la dimensión técnica y la moral. Una parte de su filosofía muchas veces poco estudiada. A lo largo del Discurso del Método, Descartes parece dialogar con Michel de Montaigne para superar su posición escéptica. Lo consigue desde el punto de vista teórico, pero no en relación a la acción moral. En ese ámbito, Descartes lejos de alejarse de las posiciones montañistas, las reproduce. Las reglas de la moral provisional ya están (...) en Montaigne y, como él, Descartes se tiene que conformar con lo probable en la acción moral.PALABRAS CLAVEDESCARTES, MONTAIGNE, ÁMBITO TEÓRICO, ÁMBITO PRÁCTICOABSTRACT This study is about Descartes’ philosophy: both its technical dimension and morality. Little attention has been paid to this part of his philosophy. Along the Discourse on Method, Descartes seems to speak with Michel de Montaigne with a view to overcome his sceptical position. He reaches this goal from the theoretical point of view, but not in the practical realm. In this area Descartes, far from moving away from Montaigne’s position, reproduces it. The rules of provisional morality are already in Montaigne and, like him, Descartes has to conform to a probabilistic approach in the moral action.KEY WORDSDESCARTES, MONTAIGNE, THEORETICAL REALM, PRACTICAL REALM. (shrink)

After a first part, which is critical of a philosophical vision and which leads from the search for a provisional morality to a morality provisional by nature, this work analyzes the problem of moral and social values in an attempt to arrive at a social morality shared by all. A series of premises is discovered, and they are inalienable - such as work, the person, responsibility, pluralism, the ethics of conflict, the right to truth, a (...) sense of limits, faith in society, citizenship, brotherhood, and their corollaries: freedom, dignity, equality, justice, solidarity, and others, as well - which are the cornerstones of a social life in which all people can fulfil their own, most legitimate aspirations. These social values, in a climate of growing security, make the development of intelligence and growth of culture possible. These aspirations are what characterize human nature. The book concludes with a very brief itinerary for an historical analysis, a draft to enable further research, with the intention of bringing out the fact that despite some recurring pessimistic views, the pathway of humanity is accompanied by a constant effort to improve, even though at times it is strewn with frustrations and dangerous phases of political abnormality. (shrink)

The role of ethics in technology development has been often questioned, especially in the early days of societal reflection of technology. However, the situation has changed dramatically. Ethical consideration now is generally declared to be indispensable in shaping technology in a socially acceptable and sustainable way. The expectations of ethics are large; often even a kind of “New Ethics” is postulated. In the present paper an over-estimation of the role of ethics for technology development is rejected. It is argued that (...) ethical reflection is, indeed, indispensable in certain problem areas and situation types; but there is, on the other hand, space for technology development free from the requirement for ethical reflection. The absence of a requirement for ethical reflection, however, always has to be considered relative to some “morale provisoire” (provisional morality) as an accepted normative framework within which technology development may occur without explicit ethical reflection. If this framework, however, is doubted or is shown to be insufficient the situation changes completely. Ethical reflection in this case becomes necessary, to consider this normative framework in order to offer modifications or supplements. (shrink)

In chapter one I will try to reconstruct a plot, or a hidden agenda, in the discussion in ethics between the beginning of the twentieth century and 1958, the year of a decisive turning point in ethics, both Anglo-Saxon and Continental, and strangely enough also the year of the beginning of the end of the Cold War, of post-Tridentine Catholicism, and perhaps something else. My hypothesis will be that there are two similar starting points for the Anglo-Saxon and the Continental (...) twentieth-century discussion, the philosophies of Henry Sidgwick and Friedrich Nietzsche, both expressions of some kind of ethical scepticism, and that a third, somewhat analogous starting-point could be found in Émile Durkheim, the proponent of the dream of the morale laïque. I will discuss how far the diagnosis formulated by Karl-Otto Apel of a kind of ‘parallel convergence' between existentialism and analytic philosophy, based on the shared division of facts and values that eventually justified two kinds of 'decisionism' is useful in making sense of the agenda of the discussion. In the second chapter I will discuss the reasons for two parallel U-turns around 1958 which brought back traditional schools of normative ethics, 'deontologism' and utilitarianism, as well as the reasons for criticism to both schools from the heterogeneous alignment of virtue ethics. In the third chapter I will discuss the remarkable phenomenon of the emergence, starting with the Sixties or the early Seventies, of ‘applied’ ethics. I examine the reasons, both theoretical and political, for the revival, the point to which applied ethics may look as a grand return of a casuistic and natural law way of thinking, or in Alan Donagan’s words a case of “reverse subversion” of the modern secular world by traditional Scholastic ways of thinking, and the difficult coexistence between general normative ethics and procedures for settling issues in a ‘reasonable’ way while dissent on issues of principle is as alive as ever. Then I try to draw a provisional moral. My suggestions are that (i) casuistry is more alive than ever; (ii) natural law thinking is more alive than ever; (iii) moral dilemmas never arise; (iv) moral dissent is treatable, with the right strategy; (v) practical philosophy does not need the same degree of exactness as the theoretical sciences but this is no obstacle to its working in practice. (shrink)

This article argues that an ethic applying the technology assessment (TA)-method is only feasible as a risk ethic, since the consequences of technical action are ambivalent and uncertain. It first distinguishes possible strategies of justification for a risk ethic, that is (a) deontological, (b) teleological and (c) procedural approaches. On the basis of the critique of both (a) and (b), a central problem for the integration of discourse ethics in the TA-method is highlighted by reverting to a game theory modeling: (...) As it turns out, mechanisms of self-selection undermine the representativity of discourses and thus its legitimation. In view of this dilemma, the article pledges for a complementary approach selectively integrating (a)-(c) into a “provisional moral”. (shrink)

Definition of the problem: The report supplies the national part of a European survey in which doctors that are involved in the treatment of patients in `Persistent Vegetative State' (PVS) are being interviewed. The questions concern decision-situations the doctors are frequently confronted with in the treatment of PVS-patients. The questionnaire is designed as a decisiontree in order to bring about the exact delineations that govern the decisions. Therefore the result of the survey only portrays which delineations are in fact being (...) accepted (and does not allow any conclusion concerning which norms should guide the decisions). Whether these factual delineations correspond to ethical-normative criteria that derive from guiding principles – such as human dignity – is being discussed in the part reflecting on the survey. It is crucial to an adequate interpretation of the survey results to keep in mind that the doctors were not being asked about what they actually did in the situations described; the survey was designed to bring about what the doctors' basic attitudes towards the problems are.Arguments: The reason this methodological approach to the problem was chosen is that an ethical evaluation can only take place when the action-guiding convictions of the agents concerned are known. The goal of the survey was to make a provisional orientation concerning the basic attitudes possible. Compared to other countries taking part in, the survey result in Germany confirms the hypotheses that doctors from different European countries – concerning the decisions of withdrawing treatment or withholding treatment – are guided by different basic attitudes.Conclusion: As it has become apparent that important national differences concerning the action-guided attitudes of the doctors exist, it would not be advisable to recommend that European guidelines for all countries should be set up for such cases. The decisions taken depend on the guiding ethical assumptions; they can only be decisions for the very case they were derived at. (shrink)

My dissertation focuses on the moral philosophy of Descartes, Pascal, and Spinoza in the context of the revival of Stoicism within the seventeenth century. There are many misinterpretations about early modern ethical theories due to a lack of proper awareness of Stoicism in the early modern period. My project rectifies this by highlighting understated Stoic themes in these early modern texts that offer new clarity to their morality. Although these three philosophers hold very different metaphysical commitments, each embraces a (...) different aspect of Stoicism, letting it influence but not define his work. By addressing the Stoic themes on the morality of these three authors, I also hope to help better capture the intellectual climate of the time by bringing Stoic themes into the foreground. Stoicism is a Hellenistic philosophy that considered the passions a sickness of the intellect and the source of all human suffering; they believed the cure was virtue, which was obtained through replacing irrational passions with rational beliefs. Stoicism had a revival in the Renaissance ushering in a wave of Neostoic authors who play an important role in shaping the intellectual landscape of the following centuries. My first two chapters discuss Descartes, who wrote a “provisional morality” early in his public life, only (as I show) to ignore the subject of ethics until near his death. In my first chapter I argue that, though many present-day scholars misread Descartes’ first ethics as part of his final ethics, this earliest “provisional morality” mimics Neostoic Skeptics such as Montaigne and is provisional because his method of doubt is also provisional. In my second chapter I show that Descartes’ late, and more developed, moral theory attempts to synthesize a variety of ancient, and seemingly contradictory, ethical traditions: Stoicism, Epicureanism, and Aristotelianism. In many ways Descartes embraces Stoic morality, but as a mechanist he does not view passions as an intellectual sickness; rather they are a physiological event, an amoral instrument that can be used to help control one’s irrational desires. I further defend my thesis externally by showing that this is the reading supported by Descartes’ contemporaries including critics such as Leibniz and early Cartesians such as Antoine Le Grand and Pierre-Sylvain Régis My third chapter discusses Pascal, who embraces Stoicism differently. Pascal offers Stoicism as the first tier of a binary ethics: modeled after Augustine’s city of God and city of man, it is an alternative moral code for those who are ignorant of the good and true happiness. Finally, in my fourth chapter, I discuss two common misinterpretations of Spinoza’s ethics: one of them neglects the Stoic influence on his thought while the other embraces it too strongly, portraying him as an unadulterated Stoic. Although there are ways that he is more Stoic than Descartes and Pascal, such as in his panpsychism and monism, this does not extend to his morality. Rather than accepting either of the two readings, I highlight anti- Stoic themes that are also present. I conclude that if the discussion is contained to his morality, Spinoza is no more Stoic than the other Neostoics I discuss in previous chapters. (shrink)

The author regards the Passions de l'Ame as substituting a definitive ethic for the provisional morality of Descartes' earlier years, and sees "generosity" as the culminating passion within the framework of "la sagesse." The treatment of Divine omnipotence, human freedom, and their resolution in Descartes is especially thorough and enlightening. --W. L. M.

Descartes is not well known for his contributions to ethics. Some have charged that it is a weakness of his philosophy that it focuses exclusively on metaphysics and epistemology to the exclusion of moral and political philosophy. Such criticisms rest on a misunderstanding of the broader framework of Descartes’ philosophy. Evidence of Descartes’ concern for the practical import of philosophy can be traced to his earliest writings. In agreement of wisdom that is sufficient for happiness. The Third part of his (...) Discourse on the Method presents what he calls a provisional morality, a morality to govern our behaviour while we are in the process of revising our beliefs and coming to certainty. In the tree of philosophy, in the Preface to the French translation of the Principles of Philosophy, morals are listed as one of the fruits of the tree, along with medicine and mechanics. It is also a theme in the letters he exchanged with the Princess Elisabeth of Bohemia in the mid-1640s, together with another concern the passions, what they are, and more importantly, how to control them. These themes are intertwined again in Descartes last major work, The Passions of the Soul (1649). Descartes did not write extensively on ethics, and this has led some to assume that the topic lacks a place within his philosophy. It is an attempt to outline Descartes’ ethical ideas mainly in Discourse on the Method. (shrink)

Frankfurt-style cases challenge the intuitively plausible “Principle of Alternative Possibilities” (pap), which claims that moral responsibility requires the ability to do otherwise. Most such cases have familiar responses by defenders of the pap, most notably the “dilemma defense” levied against traditional Frankfurt-style cases. However, one particular style – buffered alternatives cases – are even more challenging. The ingenuity of these cases lies in the introduction of a necessary-but-not-sufficient condition for doing otherwise, which acts as a buffer between the agent and (...) potential alternatives. I develop a new dilemma for buffered alternatives Frankfurt-style cases which shows that they too fail to constitute counterexamples to the pap. I argue that the buffer, though it may remove certain alternative possibilities, shifts the locus of responsibility to earlier provisional or character-forming decisions. These prior, responsibility-conferring decisions cannot be said to have been made without the ability to do otherwise. (shrink)

This paper examines what agents should do when others fail to comply with their responsibilities to prevent dangerous climate change. It distinguishes between six different possible responses to noncompliance. These include what I term (1) 'target modification' (watering down the extent to which we seek to prevent climate change), (2) ‘responsibility reallocation’ (reassigning responsibilities to other duty bearers), (3) ‘burden shifting I’ (allowing duty bearers to implement policies which impose unjust burdens on others, (4) 'burden shifting II’ (allowing some to (...) protect peoples rights in ways which impose otherwise unjustified burdens on the duty bearers, (5) 'compromising moral ideals' (permitting agents to compromise non-justice ideals that they are otherwise bound by); and (6) ‘promoting compliance (implementing policies and creating institutions which reduce noncompliance). It concludes by outlining a methodological framework for evaluating these options, and by setting out my tentative and provisional evaluation of which responses are the least bad. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

Referring to Reichlin’s reflections, the author analyzes the aporias arised in the debate on euthanasia, proposes to establish some general principles (e.g. inviolability of human life, the prohibition of extend unnecessary suffering, the principle of autonomy) and a method of application of them to controversial cases. The combinatorial ethics that emerges can probably solve the aporias and can harmonize the common sense (about the possibility of euthanasia in extreme cases) with Catholic doctrine – specifically referring to the Natural Moral Law (...) theory – in an attempt to integrate the results of combinatorial ethics with the principles established in this doctrine. The conclusions, although admittedly provisional, are translated into indications for an hypothetical legislator, in order to overcome the legislative aporia. In the final part, analyzing the religious aporia, the author proposes to include some forms of euthanasia in a total rethinking of the meaning of death, starting with the teachings of Christian faith. Basandosi sulle riflessioni di Massimo Reichlin e James Rachels, l’Autore intende analizzare le principali aporie che emergono nella riflessione etica sull’eutanasia – quella filosofico-metodologica, deontologica, legislativa e religiosa. Attraverso quest’analisi, l’Autore propone di riprendere alcuni principi generali (tra cui l’indisponibilità della vita, il divieto di prolungare sofferenze inutili e il principio di autonomia), fornendo poi un metodo d’applicazione ai casi concreti. L’etica combinatoria che emerge da questa impostazione, riesce in buona misura a risolvere le aporie analizzate, armonizzando alcune intuizioni comuni (circa la liceità dell’eutanasia in casi particolarissimi ed estremi) con la dottrina cattolica corrente in materia. Nel confronto con la morale cattolica, in particolare, viene analizzata e discussa la teoria della legge morale naturale, nel tentativo di integrare i risultati dell’etica combinatoria con i principi affermati in questa dottrina. Le conclusioni teoretiche, anche se dichiaratamente provvisorie, si traducono poi in indicazioni praticate per un ipotetico legislatore, nel tentativo di superare l’ultima grande aporia, quella legislativa. Nella parte conclusiva, analizzando l’aporia religiosa, l’Autore propone di iscrivere la liceità di alcune forme di eutanasia all’interno di un complessivo ripensamento del significato della morte, partendo dal dato di fede cristiano, nel tentativo di superare la “logica della rimozione” che sembra caratterizzare la nostra contemporaneità. (shrink)

In response to Evelyn Pluhar'sWho Can Be Morally Obligated to Be a Vegetarian? in this journal issue, the author has read all of Pluhar's citations for the accuracy of her claims and had these read by an independent nutritionist. Detailed analysis of Pluhar's argument shows that she attempts to make her case by consistent misappropriation of the findings and conclusions of the studies she cites. Pluhar makes sweeping generalizations from scanty data, ignores causal explanations given by scientists, equates hypothesis with (...) fact, draws false cause conclusions from studies, and in one case claims a conclusion opposite of what the scientist published. Such poor reasoning cannot be the basis of an argument for moral vegetarianism. A broader search of the literature and attention to reviews and textbooks in nutrition shows that each of Pluhar's claims is suspect or incorrect. Pluhar has not undermined my central claims: even if animals have certain rights and well-planned vegetarian diets are safe in complex industrialized societies, these diets cannot be so regarded if the presuppositions of high levels of wealth, education, and medical care do not exist; and, women, children, the aged and some ill persons are at greater risk on restrictive vegan diets. Thus, any duty of moral vegetarianism is not categorical but provisional in nature. (shrink)

Sacred values differ from material or instrumental values in that they incorporate moral beliefs that drive action in ways dissociated from prospects for success. Across the world, people believe that devotion to essential or core values – such as the welfare of their family and country, or their commitment to religion, honor, and justice – are, or ought to be, absolute and inviolable. Counterintuitively, understanding an opponent's sacred values, we believe, offers surprising opportunities for breakthroughs to peace. Because of the (...) emotional unwillingness of those in conflict situations to negotiate sacred values, conventional wisdom suggests that negotiators should either leave sacred values for last in political negotiations or try to bypass them with sufficient material incentives. Our empirical findings and historical analysis suggest that conventional wisdom is wrong. In fact, offering to provide material benefits in exchange for giving up a sacred value actually makes settlement more difficult because people see the offering as an insult rather than a compromise. But we also found that making symbolic concessions of no apparent material benefit might open the way to resolving seemingly irresolvable conflicts. We offer suggestions for how negotiators can reframe their position by demonstrating respect, and/or by apologizing for what they sincerely regret. We also offer suggestions for how to overcome sacred barriers by refining sacred values to exclude outmoded claims, exploiting the inevitable ambiguity of sacred values, shifting the context, provisionally prioritizing values, and reframing responsibility. (shrink)

This paper proposes a theory of institutional pluralism to deal with the question whether and to what extent limits should be placed on the market. It reconceives the pluralist position as it was presented by Michael Walzer and others in several respects. First, it argues that the options on the institutional menu should not be principles of distribution but rather economic mechanisms or ‘modes of provision’. This marks a shift from a distributive to a provisional logic. Second, it argues (...) that we should drop the assumption that any good should only be placed in one sphere, i.e. distributed according to one distributive principle. This marks a shift to ‘complex pluralism’: for at least some goods it is appropriate that they are provided through the market and through one or more non-market alternatives simultaneously. Finally, it argues that the often used conventionalist justification should be traded for a capability approach to the moral evaluation of markets and non-market alternatives. Any institutional option on our menu has value to the extent that it enhances the morally relevant capabilities of the producers and/or consumers of the good that is to be provided. This approach will be illustrated with two examples of goods for which it yields complex pluralist conclusions: the provision of care and the provision of media content. (shrink)

In chapter four of Anarchy, State, and Utopia, Robert Nozick raised interesting questions about whether or not it is ever morally acceptable to act against what are agreed to be an individual's natural moral rights. The pursuit of these questions opens up issues concerning the specific content of these individual rights. This essay explores Nozick's questions by posing examples and using our considered responses to them to specify the shape of individual rights. The exploration provisionally concludes that a conception of (...) individual moral rights quite different from Nozick's looks attractive and merits further development. Footnotesa I thank Ellen Frankel Paul for helpful, constructive, and substantive comments on a prior draft of this essay. It goes without saying that her comments outstripped my ability to respond. (shrink)