One fundamental point of agreement that emerged between Foucault and Habermas is that both rejected the Kantian paradigm of critique grounded in the notion of a transcendental subject. For Foucault, genealogy is a form of history that can account for the constitution of knowledge, discourses, etc. without reference to a constitutive subject; while central to Habermas's approach is his rejection of the "philosophy of the subject" in favor of the "intersubjectivist paradigm of communicative action". For Foucault, the end of (...) "man;' a foundational subject providing ultimate normative yardsticks, is not the creation of a deficiency but "the unfolding of a space in which it is once again possible to think". His critical work seeks "to know to what extent it is possible to think differently, rather than legitimating what is already known" ; to promote new forms of self, thought, and action, and to give impetus to the "undefined work of freedom". Yet without direction, doesn't this amount to an unrestricted notion of autonomy? Influenced perhaps by Nietzsche, Foucault calls on us to "create ourselves as a work of art", but without guidance for self-creation, aren't we left only with arbitrary choices, an "aesthetic decisionism," in which one has to take "irrationalist leaps" to affirm anything? (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

For any putative excuse, why not recast it as a justification rendering one’s wrongful conduct ultimately permissible? This paper confronts the worry that many, perhaps all, excuses might collapse into justifications – either in morality or criminal law. It is an especially pressing problem for normative expectations views, on which excuses speak to a lower standard than justifications. I argue that the prospects for decisively blocking collapse within morality look bleak – at least if we adhere to an (...) important constraint of the present project. I want to see if we can block collapse without appealing to a substantive theory of moral wrongness or taking on robust theoretical commitments about interpersonal morality. This is especially important for criminal law purposes, though I concede that blocking collapse in morality likely requires substantive commitments. Accordingly, I develop a more ecumenical way to block collapse within the criminal law, although not morality. The key is to attend to differences in how the legislature can legitimately assign weight to reasons in determining which actions it deems to be wrong vs. how individuals can fairly be expected to assign weight to reasons, which is key to assessing culpability. Institutional considerations impact the former but not the latter. (shrink)

For any putative excuse, why not recast it as a justification rendering one’s wrongful conduct ultimately permissible? This paper confronts the worry that many, perhaps all, excuses might collapse into justifications – either in morality or criminal law. It is an especially pressing problem for normative expectations views, on which excuses speak to a lower standard than justifications. I argue that the prospects for decisively blocking collapse within morality look bleak – at least if we adhere to an (...) important constraint of the present project. I want to see if we can block collapse without appealing to a substantive theory of moral wrongness or taking on robust theoretical commitments about interpersonal morality. This is especially important for criminal law purposes, though I concede that blocking collapse in morality likely requires substantive commitments. Accordingly, I develop a more ecumenical way to block collapse within the criminal law, although not morality. The key is to attend to differences in how the legislature can legitimately assign weight to reasons in determining which actions it deems to be wrong vs. how individuals can fairly be expected to assign weight to reasons, which is key to assessing culpability. Institutional considerations impact the former but not the latter. (shrink)

For any putative excuse, why not recast it as a justification rendering one’s wrongful conduct ultimately permissible? This paper confronts the worry that many, perhaps all, excuses might collapse into justifications – either in morality or criminal law. It is an especially pressing problem for normative expectations views, on which excuses speak to a lower standard than justifications. I argue that the prospects for decisively blocking collapse within morality look bleak – at least if we adhere to an (...) important constraint of the present project. I want to see if we can block collapse without appealing to a substantive theory of moral wrongness or taking on robust theoretical commitments about interpersonal morality. This is especially important for criminal law purposes, though I concede that blocking collapse in morality likely requires substantive commitments. Accordingly, I develop a more ecumenical way to block collapse within the criminal law, although not morality. The key is to attend to differences in how the legislature can legitimately assign weight to reasons in determining which actions it deems to be wrong vs. how individuals can fairly be expected to assign weight to reasons, which is key to assessing culpability. Institutional considerations impact the former but not the latter. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

This paper challenges the conventional wisdom dominating the social sciences and philosophy regarding temporal discounting, the practice of discounting the value of future utility when making decisions. Although there are sharp disagreements about temporal discounting, a kind of standard model has arisen, one that begins with a normative standard about how we should make intertemporal comparisons of utility. This standard demands that in so far as one is rational one discounts utilities at future times with an exponential discount function. (...) Tracing the justification for this standard through economics, philosophy and psychology, I’ll make what I believe is the best case one can for it, showing how a non-arbitrariness assumption and a dominance argument together imply that discounting ought to be exponential. Ultimately, however, I don’t find the case compelling. Non-exponential temporal discounting is often rational. If this is correct, Instead of trying to ‘fix’ non-exponential discounting because it is irrational and associated with negative life outcomes, we might instead focus attention on why the conditions obtain that make such discounting rational. (shrink)

Surprisingly, many ethical realists and anti-realists, naturalists and not, all accept some version of the following normative appeal to the natural (NAN): evaluative and normative facts hold solely in virtue of natural facts, where their naturalness is part of what fits them for the job. This paper argues not that NAN is false but that NAN has no adequate non-parochial justification (a justification that relies only on premises which can be accepted by more or less (...) everyone who accepts NAN) to back up this consensus. I show that we cannot establish versions of NAN which are interesting in their own right (and not merely as instances of a general naturalistic ontology) by appealing to the nature of natural properties or the kind of in-virtue-of relation to which NAN refers, plus other plausible nonparochial assumptions. On the way, I distinguish different types of 'in virtue of claims. I conclude by arguing that the way in which assessment of meta-ethical hypotheses is theory-dependent predicts the failure of non-parochial justifications of NAN. (shrink)

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting itself to be half dead (...) and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

There is an important disagreement in contemporary epistemology over the possibility of non-epistemic reasons for belief. Many epistemologists argue that non-epistemic reasons cannot be good or normative reasons for holding beliefs: non-epistemic reasons might be good reasons for a subject to bring herself to hold a belief, the argument goes, but they do not offer any normative support for the belief itself. Non-epistemic reasons, as they say, are just the wrong kind of reason for belief. Other epistemologists, however, (...) argue that there can be cases where non-epistemic reasons directly offer normative support for the beliefs a subject holds. -/- My aim in this paper is to remove an apparent obstacle for the view that there can be non-epistemic normative reasons for belief, by showing that the existence of non-epistemic reasons for belief does not conflict with epistemic standards for the assessment of inference. More specifically, I aim to show that the following principles are compatible: -/- Epistemic Norm of Inference (ENI): Necessarily, for all subjects, S, and inferences, I: I is a good inference for S only if S can gain a (doxastically) epistemically justified belief in I’s conclusion on the basis of I’s premises. -/- Non-Epistemic Reasons for Belief (NERB): Possibly, for some subject, S, reason, R, and belief, B: R is a good (i.e., normative) reason for S to hold B, and R is not an epistemic reason for B. -/- Guidance: For all subjects S, potential reasons R, and beliefs/actions φ: In order for R to count as a normative reason for S to φ, it must be possible for S to take R into account as relevant to the determination of whether S ought to φ. -/- One might naturally think that these principles conflict, for if there are non-epistemic reasons for belief, then they must guide deliberation, and in guiding deliberation, they would violate epistemic standards. The aim of this paper is to show that no such conflict need arise. -/- Section 2 of the paper proceeds to set out the concept of an inference, and to sketch an epistemic framework for the assessment of inferences and arguments. Section 3 sets out the distinction between normative and motivating reasons, and briefly defends the view that there can be non-epistemic reasons for beliefs. Section 4 shows that non-epistemic reasons for belief are compatible with epistemic standards for inference, because any time a reason R is a good non-epistemic reason for a subject S to hold a belief B, there is an epistemically good inference available to S which takes R as a premise and which concludes with the meta-belief that S ought to hold B. So the paper employs a level-connecting principle between normative reasons for φ-ing and epistemic reasons for believing that one ought to φ. The paper ends with clarifications of that level-connecting principle, and responses to three objections. (shrink)

The Vestal Virgins are one of the most famous elements of Roman religion, yet despite their perennial appeal and the importance of some smaller scale studies of the priesthood, the priestesses have not received a monograph-length study since F. Giuzzi, Aspetti giuridici del sacerdozio romano. II sacerdozio di Vesta (Naples, 1968). Now we have books by R.L. Wildfang and M.C. Martini that could not be more different. The former offers a thorough survey of what the sources can tell us (...) about the priesthood in the period from the end of the Second Carthaginian War to the first century C.E. The latter is an analysis of early Roman historiography and the role the Vestals, in particular their periodic unchastity, played in the creation of the traditional account of the development of Rome. W's book puts forward two main arguments: (1) the Vestals were charged with the ritual purification of the city and with the storage and preparation of ritual materials, and (2) many aspects of the priesthood that have long puzzled scholars are tied to the Vestals' status as Roman citizens, but citizens who existed outside the traditional family structure. The book will be accessible to those new to the topic, but the notes will repay specialists. Ancient sources are quoted in translation, with original texts provided in an appendix. A second appendix provides a list of known Vestals. This slender volume could have been even thinner if the frequent repetitions were cut down. W's work might have been better as a hefty article, so little is there to know about the Vestals. The Classical Review vol. 58 no. 1 C The Classical Association 2008; all rights reserved This content downloaded from 204.235.148.90 on Sat, 26 Jul 2014 11:47:09 AM All use subject to JSTOR Terms and Conditions THE CLASSICAL REVIEW 213 In the Introduction, W makes a welcome distinction among types of rituals often lumped together in discussions of 'fertility' rituals, with which the Vestals are often associated (p. 4). W reserves 'fertility' to describe only those rites that deal with the reproduction of people, livestock and the growth of crops. Harvest rituals are linked to the harvesting of crops, while another set of rites, 'storage rites', are tied to the preservation of the harvest. The final group, purification rituals, aim at the cleansing of an individual, place or object of 'all forms of pollution that would render it or them unfit to come into contact with the religious sphere'. The book is arranged thematically. The first two chapters lay out all we can know about the priestesses' ritual obligations performed in the seclusion of the temple and out amongst the people. While a reader may not find W's interpretation of each of the Vestals' actions equally persuasive, the overall argument that the priestesses' activities were, by and large, purificatory is convincing. Two of the more interesting aspects of W.'s discussion are her considerations of Vesta's fire and of the water required for some of her rituals (pp. 8-11). Fire was seen by the Romans as both a fertile and a sterile force, and scholars have emphasised one or the other, or the contrast between them, in their interpretation of the Vestals. W points out that fertile fire is always described in masculine terms and is associated with Vulcan. Vesta's fire, however, is always associated with sterility and purity, and so should be understood as having a purificatory significance. W points out that Vesta's fire was used only in the manufacture of ritually necessary items: roasting spelt for mola salsa, baking brine for muries and burning ashes from the fetal cow from the Fordicidia and the tail of the October horse, both of which were used at the Parilia. For other rituals, the Vestals were required to use water, the purificatory substance par excellence, drawn only from the spring of Juturna and carried only in vessels that could not be set down. These restrictions ensured that the water was always fresh, running water that never touched profane earth. Chapters 3-5 trace out the unique position the Vestals occupied in Roman society, arguing that they existed outside the standard Roman familial and other social structures, yet remained fully part of the Roman state. W suggests that the initiation rite of captio removed the new priestess not only from her family but, more importantly, from her family cult, thus avoiding any potential contamination of familial and public cult. Virginity was required for multiple reasons, the most significant being that such a status allowed the priestess to remain a full member of the Roman state, but prevented her from being a member of a traditional family structure. Throughout the book, W makes much of the idea of Vestals as represen tatives of Roman citizen women without ever really dealing with the question to what extent any Roman woman, priestess or not, was a ciuis. Though W is probably correct, it is not entirely certain to what extent women were citizens in the Republic, and at least a reference to some key ancient sources and to recent scholarship on this question should be made (e.g. L. Peppe, Posizione giuridica e ruolo sociale della donna romana in eta repubblicana [Milan, 1984]). The sixth chapter, 'The Vestals in the Romans' History', looks at the appearance of Vestals in the early history of Rome, refining the common assumption that accusations of, and convictions for, incestum arose only in periods of great stress and danger. W adds that a priestess's involvement, or her family's involvement, in one of the groups taking part in the conflict or struggle of the moment also played a role. This chapter traces changes over the course of 300 years in the attitudes of the priestesses and the Romans more generally toward the priesthood, its role in society This content downloaded from 204.235.148.90 on Sat, 26 Jul 2014 11:47:09 AM All use subject to JSTOR Terms and Conditions 214 THE CLASSICAL REVIEW and its requirement of 30 years of chastity. The argument hangs on even less evidence than other sections of the work. In contrast to their central place in W's book, the Vestals play only a small (though crucial, in her interpretation) role in M.'s work. The basic argument of the book is that episodes of Vestal incestum are linked in the historiographic tradition to key moments in the development of the Roman state: the separation of augurium from regnum, the development of a mixed patrician-plebeian aristocracy, the creation of a monetary system and the expansion of the colonial system outside Italy. The history of Rome can be seen as alternating phases of stasis and transformation; instances of Vestal incestum mark the transitions (p. 95). The work falls into two parts that are not well integrated. The first is a useful discussion of the historiography of the Roman Republic, taking in turn each element of the story of the founding of Rome from the arrival of Aeneas to the death of Remus. M. traces how early Roman writers, especially Fabius Pictor, reshaped the tradition already present in some Greek authors, distancing Rome from the Greek world and adding an Italic element to the tale. This detailed analysis is well worth consulting and will be of interest to those working on many aspects of cultural life in the Republic. The second, larger, section of the book comprises a series of studies of the Vestals known to have been convicted of incestum during the Republic. After dealing with issues of dating and sources, M. links each case of incestum to a major event in Roman history. Not all the events are equally important for the creation of the Rome of the middle and late Republic. One wonders why M. chose to tie the conviction of Minucia, somewhere between 339 and 332, to the admission of plebeians to the praetorship in 337 rather than to the conclusion of the Latin War in 338. Some explanation is warranted. The connection M. draws is often very vague, as in the case of Sextilia (pp. 144-54), convicted and interred alive in either 275 or 274. M. sees this as marking the end of any meaningful distinction between patricians and plebeians, following as it does the first time a plebeian censor completed a lustrum. The gap of five or six years between Sextilia's conviction and Cn. Domitius Calvinus Maximus' censorship in 280 passes unremarked. Similarly, in discussing the three Vestals accused of incestum in 114-113 (pp. 188-210), M. steps away from the commonly accepted interpretation of the event as part of the continuing struggle between Gracchan and senatorial forces, arguing instead that it is tied to the establishment in 118 of the colony of Narbo Martius, Rome's first colony in Gaul. Here, as elsewhere, there is no evidence that any ancient author linked the founding of the colony and Vestal unchastity; the temporal gap makes an association even more unlikely. Ultimately, it is not possible to accept M.'s argument that Vestal incestum punctuated key stages in the development of the 'cosmo Romano' in the way she imagines. Even so, M.'s effort to reintegrate the Vestals into the larger narrative of Rome's history is thought-provoking, and it is to be hoped that it will spark further work in the same vein. The field is perhaps in a better position to undertake work on this scale now that we have W's careful and comprehensive collection and interpre tation of what there is to know about the Vestals. Yale University CELIA E. SCHULTZ celia.schultz(yale.edu This content downloaded from 204.235.148.90 on Sat, 26 Jul 2014 11:47:09 AM All use subject to JSTOR Terms and Conditions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aristotle on the Sources of the Ethical Life by Sylvia BerrymanElizabeth C. Shaw and Staff*BERRYMAN, Sylvia. Aristotle on the Sources of the Ethical Life. Oxford: Oxford University Press, 2019. vii + 220 pp. Cloth, $70.00—Berryman’s goals in Aristotle on the Sources of the Ethical Life are threefold: to establish that Aristotle practiced what contemporary philosophers call metaethics; to refute the idea that Aristotle justified those ethics by recourse (...) to human nature, understood as an “external point” for “establishing substantial ethical truths from a value-neutral perspective”; and to demonstrate that, for Aristotle, the source and justification for ethical demands is human practical reason.Locating the source of normativity in practical reason does not mean that there are no “standards of truth other than human beings as a species.” Positioning Aristotle against both “Archimedean” naturalisms as well as relativisms and subjectivisms, Berryman sees Aristotle’s appeals to nature as delimiting “the kinds of normative positions that could guide practical reason,” and practical reason as responsive to biological constraints. Still, nature is no fulcrum. It does not mandate the contents of the life we should live. All of this together makes Berryman’s Aristotle a “constitutive constructivist,” which is to say, a nonskeptical, cognitivist nonfoundationalist.Chapter 1’s “Introduction” sets the stage for the book’s metaethical project. Chapters 2 and 3 argue against two versions of the claim that “Aristotle was not reflective on the sources and justifications for his ethical views.” Chapter 2 places “Aristotle in the Ethics Wars” of the twentieth and twenty-first centuries, challenging the historicist view that “the kind of metaethical reflection about the sources of normativity” that preoccupies modern philosophy in response to “‘disenchantment’ of the modern world picture” would not have been available to Aristotle. Chapter 3, “Nature and the Sources of Normativity,” positions itself against scholars who maintain that Aristotle was complacent about the values of his own society and/or “too philosophically naïve to even reflect on the sources and justifications of ethical claims.” Inhabiting Aristotle’s social and intellectual milieu, it shows how the epistemological questions, commitments to materialist-scientific worldviews, as well as challenges to divine authority posed by fifth-century sophists, Plato, and fourth-century [End Page 381] hedonists meant that “a philosopher in Aristotle’s position could hardly avoid being reflective on questions of the status of ethics.”After establishing in chapter 3 that Aristotle could have grounded ethical claims in his natural philosophy, chapters 4 through 6 make the case that he did not. Exploring the philosophical work done by Aristotle’s appeals to nature, chapter 4, “Is Aristotle an Archimedean Naturalist?”, focuses on the apparent directionality of human development as well as references to “natural justice” and “natural virtue” in Aristotle’s ethical writings, while chapter 5, “Naturalism in Aristotle’s Politics,” scrutinizes the “naturalness of the polis” and “natural slavery” in Politics 1. Finding “only very minimal appeal to human nature” in the ethical treatises, Berryman sees Aristotle’s recourse to nature in Politics 1 as “the main anomaly” for which her refutation of Archimedean naturalism must account. Based on internal evidence in the Politics and comparison with Aristotle’s biological writings, Berryman concludes that Aristotle wrote the Politics before he “developed his more detailed biological theories.” Rather than evidence of naturalism, Aristotle’s appeals to nature in Politics 1, Berryman argues, are an early reflection of the “nomos-phusis distinction found in sophistic controversies” and a “kind of rhetorical move” based on thorough “prejudice and not reasoned inference.” Concluding “The Case Against a Naturalist Reading,” chapter 6 sets the stage for Berryman’s resourcing of Aristotle’s metaethics away from nature by exploring the inadequacies of the instrumental and theoretical rule-guiding reasoning implicit in naturalist accounts of Aristotelian practical reason.Chapters 7 and 8 offer the book’s positive account. After elaborating Aristotle’s rejection of “metaphysical abstractions” as action-guiding, chapter 7, “Aristotle’s Metaethics,” recovers from the Eudemian Ethics human agency as the source of normativity in Aristotle. Action “carries with it an implicit commitment to the norms of practical reasoning,” and “Aristotle’s insight,” Berryman writes, “is the metaethical recognition that the practical... (shrink)

While epistemologists have long debated what it takes for beliefs to be justified, they've devoted much less collective attention to the question of what it takes for beliefs to be excused, and how excuses differ from justifications. This stands in contrast to the state of affairs in legal scholarship, where the contrast between justifications and excuses is a standard topic in introductory criminal law textbooks. My goal in this paper is to extract some lessons from legal theory for epistemologists seeking (...) to distinguish epistemic justifications from epistemic excuses. First, I'll provide a brief overview of appeals to the justification/excuse distinction in epistemology, focusing on the internalism/externalism debate. Then, I'll identify some choice points in legal theory for how to think about the function of the justification/excuse distinction, and will in turn correspond to analogous choice points in epistemology. Ultimately, I'll argue that depending on which way we go at some crucial junctures, we can motivate either a traditional, non‐factive, internalist conception of justification, or a purely factive one where truth is all that's required for a belief to be justified. But there's no clear path, via legal theory, to view that only beliefs that amount to knowledge are justified. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hegel on Self-Consciousness: Desire and Death in the Phenomenology of SpiritAndy R. GermanRobert B. Pippin. Hegel on Self-Consciousness: Desire and Death in the Phenomenology of Spirit. Princeton-Oxford: Princeton University Press, 2011. Pp. viii + 103. Cloth, $29.95.If Hegel's system cannot be understood without the Phenomenology of Spirit, it is certainly impossible to understand the Phenomenology without understanding its famous transition, in chapter 4, to self-consciousness and the (perhaps (...) all-too-famous) master-slave dialectic. In these published lectures, then, Robert Pippin has compelling reasons for seeking the heart of the Phenomenology in two of its crucial assertions: that "Self-Consciousness is desire itself" and that "Self-Consciousness attains its satisfaction only in another self-consciousness" (¶¶167 and 175 in Miller's translation).Pippin's Hegel is essentially Kantian, concerned with the apperceptive nature of self-consciousness, i.e. not as mere receptivity to sensory or intellectual form, but as an activity, a judging or "taking" the world to be such and so. For Kant, this activity is transcendental or purely formal, the unification of the spatio-temporal manifold by a continuous, apperceptive "I" (31). Pippin argues that Hegel jettisons Kantian formality in favor of a broader question: how, rather than being subject to my desires, am I the subject of my desires? (32). An answer is possible only if self-consciousness is neither observational nor an immediate self-presence but instead (i) a practical achievement (15) that (ii) requires other self-conscious subjects (19). Unlike Platonic erōs, then, which points away from human life, self-conscious desire is constant self-examination of the reasons for our actions or beliefs. This is Hegel's version of Kant's insight that reason is the desire for justification, ultimately before "all others" (56–57).Thus we pivot to the claim that the successful or "satisfying" achievement of self-consciousness involves recognition by others. "Our answerability to the world," as Pippin writes, "is inextricably bound up with... our answerability to each other" (61). Unlike John McDowell's interpretation of the master-slave dialectic as an analogy for the struggle between the passive and active elements within one mind (42), Pippin argues that self-consciousness is social all the way down. It is "something like having a position," i.e. avowing a practical commitment or making a normative claim (65), which implies the presence of another self-conscious subject who recognizes my right to such claims, or challenges that right, even to the outermost—a struggle to the death over recognition and authority. Self-consciousness, then, is "not... a reflection of some substantive or metaphysical nature but... a social achievement... bound up with... social conflict" (75). On the decisive point, Pippin agrees with Brandom's neo-pragmatism: "[S]elf-conscious beings do not have natures, they have histories" (68), specifically, the history of struggle and reconciliation among rational, mutually recognizing subjects.But what, then, does recognition mean and how does it "satisfy"? And in what does our "answerability to others" consist if there is no "non-question begging... standard" (83) by which to judge our answers? Hegel, Pippin writes, "has a ‘pragmatic' or a ‘historicized' or ‘dialogical' view of what counts as the appeal to reasons.... He understands practical reason as a kind of interchange of attempts at justification among persons... " (84). Justification, however, cannot mean an appeal to nature. Indeed, in the struggle for recognition, self-conscious freedom means indifference to mere natural life or desire. Nature no longer points to philosophical wholeness, as our love of seeing does in Aristotle's Metaphysics. To paraphrase Pippin's titles, he shows with superior clarity that Hegel's idealism really is modernism: i.e. the most thoroughgoing rejection of the Greek link between eleutheria and eudaimonia.But when Hegel writes of "the point where knowledge no longer needs to go beyond itself... where Concept corresponds to object and object to Concept" as the necessary "goal" of knowledge (¶80), this suggests that the "interchange of justifications" reaches an end. Even if this end is the socio-political order of mutual recognition among rational persons, it is surely not the mere fact of recognition that satisfies us... (shrink)

Perspectivists hold that what you ought to do is determined by your perspective, that is, your epistemic position. Objectivists hold that what you ought to do is determined by the facts irrespective of your perspective. This paper explores an influential argument for perspectivism which appeals to the thought that the normative is action guiding. The crucial premise of the argument is that you ought to φ only if you are able to φ for the reasons which determine that (...) you ought to φ. We show that this premise can be understood in different ways. On one reading, it provides no support for perspectivism. On another reading, the premise lacks support. So, the argument fails. An important upshot of the paper is that the objectivist can embrace the thought about guidance. (shrink)

This guide accompanies the following article: Matthew Kieran, ‘Art, Morality and Ethics: On the (Im)moral Character of Art Works and Inter‐Relations to Artistic Value’. Philosophy Compass 1/2 (2006): pp. 129–143, doi: 10.1111/j.1747‐9991.2006.00019.x Author’s Introduction Up until fairly recently it was philosophical orthodoxy – at least within analytic aesthetics broadly construed – to hold that the appreciation and evaluation of works as art and moral considerations pertaining to them are conceptually distinct. However, following on from the idea that artistic value is (...) broader than aesthetic value, the last 15 years has seen an explosion of interest in exploring possible inter‐relations between the appreciative and ethical character of works as art. Consideration of these issues has a distinguished philosophical history but as the Compass survey article suggests (‘Art, Morality and Ethics: On the (Im)Moral Character of Art Works and Inter‐Relations to Artistic Value.’Philosophy Compass 1.2 (2006): 129–43), it is only very recently that figures in the field have returned to it to develop more precisely what they take the relationships to be and why. Consensus is, unsurprisingly, lacking. The reinvigoration of the issues has led sophisticated formalists or autonomists to mount a more considered defence of the idea that aesthetic and literary values are indeed conceptually distinct from the justification or otherwise of the moral perspective or views endorsed in a work (Topic I). The challenges presented by such a defence are many but amongst them are appeals to critical practice (Lamarque and Olsen), scepticism about whether or not art really can give us bona fide knowledge (Stolnitz) and the recognition that truth often seems to be far removed from what it is we value in our appreciation of works (Lamarque). One way to motivate consideration of the relevance of a work’s moral character to its artistic value concerns the phenomena of imaginative resistance. At least sometimes it would seem that, as Hume originally suggested, we either cannot or will not enter imaginatively into the perspective solicited by a work due to its morally problematic character (Topic II). In some cases, it would seem that as a matter of psychological fact, we cannot do so since it is impossible for us to imagine how it could be that a certain attitude or action is morally permissible or good (Walton). The question then is whether or not this is a function of morality in particular or constraints on imaginative possibility more generally and what else is involved. At other times, the phenomena seem to be driven by a moral reluctance to allow ourselves to enter into the dramatic perspective involved (Moran) or evaluation of the attitude expressed (Stokes). Nonetheless, it is far from obvious that this is so of all the attitudes or responses we judge to be morally problematic. After all, it looks like we can and indeed often do suspend or background particular cognitive and moral commitments in engaging with all sorts of works (Nichols and Weinberg). If the moral character of a work interacts with how we appreciate and evaluate them, then the pressing question is this: is there any systematic account of the relationship available to us? One way is to consider the relationship between our emotional responses to works and their moral character (Topic III). After all, art works often solicit various emotional responses from us to follow the work and make use of moral concepts in so doing (Carroll). Indeed, whether or not a work merits the sought for emotional responses often seems to be internally related to ethical considerations (Gaut). Yet, it is not obvious that we should apply our moral concepts or respond emotionally in our imaginative engagement with works as art as we should in real life (Kieran, Jacobson). A different route is via the thought that art can convey knowledge (Topic IV). There might be particular kinds of moral knowledge art distinctively suited to conveying (Nussbaum) or it may just be that art does so particularly effectively (Carroll, Gaut, Kieran). Either way where this can be tied to the artistic means and appreciation of a work it would seem that to cultivate moral understanding contributes to the value of a work and to betray misunderstanding is a defect. Without denying the relevance of the moral character of a work some authors have wanted to claim that sometimes the immoral aspect of a work can contribute to rather than lessen its artistic value (Topic V). One route is to claim that there is no systematic theoretical account of the relationship available and what the right thing to say is depends on the particular case involved (Jacobson). Another involves the claim that this is so when the defect connects up in an appropriate way to one of the values of art. Thus, it has been claimed, only where a work reveals something which adds to intelligibility, knowledge or understanding in virtue of its morally problematic aspect can this be so (Kieran). The latter position looks like it could in principle be held whilst nonetheless maintaining that the typical or standard relationship is as the moralists would have it. Yet perhaps allowing valence change for such reasons is less a mark of principled explanation and more a function of downright inconsistency or incoherence (Harold). The topics themselves and suggested readings given below follow the structure articulated above as further amplified in the Compass survey article. The design and structure given below can be easily compressed or expanded further. Author Recommends 1 Carroll, Noël. ‘Art, Narrative and Moral Understanding.’Aesthetics and Ethics: Essay at the Intersection. Ed. Jerrold Levinson. Cambridge: Cambridge UP, 1998. 126–60. 2 This article develops the idea that engaging with narrative art calls on moral concepts and emotions and can thereby clarify our moral understanding. 2 Carroll, Noël. Beyond Aesthetics: Philosophical Essays. Cambridge: Cambridge UP, 2009. 4 Part IV consists of six distinct essays on questions concerning the inter‐relations between art and morality including the essay cited above and the author’s articulation and defence of moderate moralism. 3 Gaut, Berys. ‘The Ethical Criticism of Art.’Aesthetics and Ethics: Essay at the Intersection. Ed. Jerrold Levinson. Cambridge: Cambridge UP, 1998. 182–203. 4 Gaut, Berys. Art, Emotion and Ethics. Oxford: Oxford UP, 2007. 7 This monograph provides the most exhaustive treatment of the issues and defends the claim that, where relevant, whenever a work is morally flawed it is of lesser value as art and wherever it is morally virtuous the work’s value as art is enhanced. Chapters 7 and 8 defend concern ethical knowledge and chapter 10 is a development of the article cited above concerning emotional responses. Chapter 3 also gives a useful conceptual map of the issues and options in the debate. 5 Jacobson, Daniel. ‘In Praise of Immoral Art.’Philosophical Topics 25 (1997): 155–99. 9 A wide ranging and extended treatment of relevant issues which objects to generalising moral treatments of our responses to art works and defends the idea that particular works can be better because of rather than despite their moral defects. 6 Kieran, Matthew. ‘Forbidden Knowledge: The Challenge of Cognitive Immoralism.’Art and Morality. Ed. Sebastian Gardner and José Luis Bermúdez. London: Routledge, 2003. 56–73. 11 A general argument for immoralism is elaborated by outlining when, where and why a work’s morally problematic character can contribute to its artistic value for principled reasons (through enhancing moral understanding). 7 Kieran, Matthew. Revealing Art. London: Routledge, 2005. Chapter 4. 13 This chapter argues against both aestheticism and straightforward moralism about art, elaborating a defence of immoralism in relation to visual art whilst ranging over issues from pornographic art to the nature and demands of different genres in art. 8 Lamarque, Peter. ‘Cognitive Values in the Arts: Marking the Boundaries.’ Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006, 127–39. 15 This article concisely outlines and defends a sophisticated aestheticism that denies the importance of truth to artistic value. 9 Stolnitz, Jerome. ‘On the Cognitive Triviality of Art.’British Journal of Aesthetics 32.3 (1992): 191–200. 17 This article articulates and defends the claim that no knowledge of any interesting or significant kind can be afforded by works appreciated and evaluated as art. 10 Walton, Kendall. ‘Morals in Fiction and Fictional Morality, I.’Proceedings of the Aristotelian Society, Suppl. 68 (1994): 27–51. 19 This article builds on some comments from Hume to develop the idea that when engaging with fictions it seems impossible imaginatively to enter into radically deviant moral attitudes. Online Materials ‘Aesthetics and Ethics: The State of the Art.’American Society of Aesthetics online (Jeffrey Dean):. ‘Art, Censorship and Morality’ downloadable podcast of Nigel Warburton interviewing Matthew Kieran at Tate Britain (BBC/ou Open2.net as part of the Ethics Bites series):. ‘Art, Morality and Ethics: On the (Im)Moral Character of Art Works and Inter‐Relations to Artistic Value.’Philosophy Compass 1.2 (2006): 129–43 (Matthew Kieran):. ‘Ethical Criticism of Art.’Internet Encyclopedia of Philosophy (Ella Peek):. ‘Fascinating Fascism.’New York Review of Books Piece Discussing Leni Riefenstahl (Susan Sontag):. ‘The Beheading of St. John the Baptist (1450s), Giovanni de Paolo’ (Tom Lubbock):. Vladimir Nabokov and Lionel Trilling discuss Lolita (CBS):. Sample Syllabus Topic I Autonomism/aestheticism • Anderson, James C. and Jeffrey T. Dean. ‘Moderate Autonomism.’British Journal of Aesthetics 38.2 (1998): 150–66. • Beardsley, Monroe. Aesthetics: Problems in the Philosophy of Criticism. New York: Harcourt, Brace and World, 1958. Chapter 12. • Kant, Immanuel. The Critique of Judgement.Trans. James Creed Meredith. Oxford: Oxford UP, 1952 [1790]. • Lamarque, Peter. ‘Cognitive Values in the Arts: Marking the Boundaries.’Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006, 127–39. • ——. ‘Tragedy and Moral Value.’Australasian Journal of Philosophy 73.2 (1995): 239–49. • Lamarque, Peter and Stein Olsen. Truth, Fiction and Literature. Oxford: Clarendon Press, 1994. Chapter 10. • Stolnitz, Jerome. ‘On the Cognitive Triviality of Art.’British Journal of Aesthetics 32.3 (1992): 191–200. Topic II Imaginative Capacities, Intelligibility and Resistance • Moran, Richard. ‘The Expression of Feeling in Imagination.’Philosophical Review 103.1 (1994): 75–106. • Nichols, Shaun. ‘Just the Imagination: Why Imagining Doesn’t Behave Like Believing’. Mind & Language 21.4 (2006): 459–74. • Stokes, Dustin. ‘The Evaluative Character of Imaginative Resistance’. British Journal of Aesthetics 46.4 (2006): 387–405. • Tanner, Michael. ‘Morals in Fiction and Fictional Morality, II’. Proceedings of the Aristotelian Society, Suppl. Vol. 68 (1994): 51–66. • Walton, Kendall (1994). ‘Morals in Fiction and Fictional Morality, I’. Proceedings of the Aristotelian Society, Suppl. Vol. 68 (1994): 27–51. • Weinberg, Jonathan. ‘Configuring the Cognitive Imagination.’New Waves in Aesthetics. Eds. K. Stock and K. Thomson‐Jones. London: Palgrave Macmillan, 2008. 203–23. Topic III Moralism and Emotions • Carroll, Noël. ‘Moderate Moralism.’British Journal of Aesthetics 36.3 (1996): 223–37. • Carroll, Noël. ‘Art, Narrative and Moral Understanding.’Aesthetics and Ethics: Essay at the Intersection. Ed. Jerrold Levinson. Cambridge: Cambridge UP, 1998.126–60. • Gaut, Berys. Art, Emotion and Ethics. Oxford: Oxford UP, 2007. Chapter 10. • ——. ‘The Ethical Criticism of Art.’Aesthetics and Ethics: Essay at the Intersection. Ed. Jerrold Levinson. Cambridge: Cambridge UP, 1998. 182–203. • Hume, David. ‘Of the Standard of Taste.’Selected Essays. Oxford: Oxford UP, 1993 [1757]. 133–53. • Kieran, Matthew. ‘Emotions, Art and Immorality.’Oxford Handbook to the Philosophy of Emotions. Ed. Peter Goldie. Oxford: Oxford UP, 2009. 681–703. • Tolstoy, Leo. What is Art?. London: Penguin, 2004. Chapters 5 and 15. Topic IV Moralism and Knowledge • Aristotle. Poetics. Trans. M. Heath. London: Penguin, 1996 [367–322 BC]. • Carroll, Noël. ‘The Wheel of Virtue: Art, Literature and Moral Knowledge.’Journal of Aesthetics and Art Criticism 60.1 (2002): 3–26. • Gaut, Berys. Art, Emotion and Ethics. Oxford: Oxford UP, 2007. Chapters 7 and 8. • Gaut, Berys. ‘Art and Cognition.’Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006. 115–26. • Kieran, Matthew. ‘Art, Imagination and the Cultivation of Morals.’Journal of Aesthetics and Art Criticism 54.4 (1996): 337–51. • Nussbaum, Martha. ‘Finely Aware and Richly Responsible: Literature and the Moral Imagination.’Love’s Knowledge. New York: Oxford UP, 1990. 148–68. • Plato. The Republic. Trans. D. Lee. Harmondsworth: Penguin, 1974. Book 10. Topic V Immoralist Contextualism • Harold, James. ‘Immoralism and the Valence Constraint.’British Journal of Aesthetics 48.1 (2008): 45–64. • Jacobson, Daniel. ‘In Praise of Immoral Art.’Philosophical Topics 25 (1997): 155–99. • ——. ‘Ethical Criticism and the Vices of Moderation.’Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006. 342–55. • John, Eileen. ‘Artistic Value and Moral Opportunism.’Contemporary Debates in Aesthetics and the Philosophy of Art. Ed. Matthew Kieran. Oxford: Blackwell, 2006. 331–41. • Kieran, Matthew. ‘Forbidden Knowledge:The Challenge of Cognitive Immoralism.’Art and Morality. Ed. Sebastian Gardner and José Luis Bermúdez. London: Routledge, 2003. 56–73. • Kieran, Matthew. Revealing Art. London: Routledge, 2005. Chapter 4. • Patridge, Stephanie. ‘Moral Vices as Artistic Virtues: Eugene Onegin and Alice.’Philosophia 36.2 (2008): 181–93. Focus Questions 1 What is the strongest argument for the claim that the moral character of a work is not relevant to its artistic value? Does artistic or literary criticism tend to concern itself with the truth or morality of works? If so, in what ways? If not, why do you think this is? 2 What different explanations might there be for difficulty with or resistance to imaginatively entering into attitudes you take to be immoral? How might this relate to the way our imaginings work as contrasted with belief? How might different literary or artistic treatments of the same subject matter make a difference? 3 How do narrative works draw on our moral concepts and responses? Can we suspend our normal moral commitments or application of moral concepts in responding emotionally to art works? Should we respond emotionally to art works as we ought to respond to real world events we witness? Why? Why not? 4 How, if at all, do art works convey moral understanding? How, if at all, is this related to the kinds of moral knowledge art works can teach or reveal to us? When, where and why might this be tied to the artistic value of a work? How can we tell where a work enhances our moral understanding as opposed to misleading or distorting it? 5 What art works do you value overall as art which commend or endorse moral values and attitudes that you do not? Is appreciation of them always marred or lessened by the morally dubious aspect? If not, what explains the differences in evaluation? What, if anything, might you learn by engaging with works which endorse moral attitudes or apply moral concepts different from those you take to be justified? How, if at all, might this connect up with what makes them valuable as art? (shrink)

Normative reasons for action are facts or considerations that contribute to the justification of an action. Sometimes, normative reasons for action conflict: one reason may favor doing something, while another may favor not doing it. These conflicts can be so radical that it seems difficult, if not impossible, to judge which reason should ultimately guide one’s actions. According to a theory of practical rationality known as reasons pluralism, there are some radical cases of conflict (...) among normative reasons for action in which there can be no fact of the matter about what one ought to do. This is because normative reasons fall into a plurality of types, and normative reasons of different types are incommensurable with one another. However, reasons pluralism is compatible with a principle that would enable us to judge when a normative reason of one type overrides a normative reason of another type. I will argue that this “Override Principle” is a facet of practical wisdom—an intellectual virtue. Practical wisdom, as Aristotle construed it, involves the ability to order one’s ends into a coherent system that allows for the attainment of a good life. The Override Principle is sure to be one criterion by which those endowed with practical wisdom would order their ends. (shrink)

The topic of this study is to what extent standards of rational inquiry can be rationally criticized and revised. It is argued that it is rational to treat all such standards as open to criticism and revision. Arguments to the effect that we are fallible with regard to all standards of rational inquiry are presented. Standards cannot be ultimately justified and with certainty established either as adequate or as inescapable presuppositions. Apel's attempt to give ultimate justifications (...) of certain moral and logical rules is examined and criticized. Special attention is given to our fallibility with regard to logical inference rules. The idea that certain logical rules cannot be put into question because any critical argument presupposes them is criticized. It has been claimed that there must be some basic standards which are such that they cannot be rationally evaluated and hence are rationally unrevisable. This is called "the unrevisability thesis". Related to this thesis is the normative policy according to which rationality requires that some standards be treated as unrevisable, the unrevisability policy. Two arguments that have been used to defend the unrevisability thesis and policy are examined and criticized. The conclusion is that we are not forced to accept either the thesis or the policy. The negation of the unrevisability policy is the revisability policy, according to which it is rational to treat all standards as open to rational criticism and revision. Objections that have been directed against the revisability policy are discussed and criticized. According to the objections, the revisability policy leads to rationality relativism. These objections are refuted, and it is argued that it is, on the contrary, rational to adopt the revisability policy and treat all standards of rational inquiry as criticizable and revisable. It is proposed that the rational change of standards should be viewed as a bootstrap process. General features of a bootstrap view of rational change of standards are presented, and it is argued that it is impossible to formulate a real theory of bootstrapping. Two models of standard change are presented and discussed: Laudan's reticulated model of scientific rationality and Briskman's bootstrap theory. It is claimed that in spite of defects and limitations, these models contribute to a richer understanding of bootstrapping. The fallibility and revisability of standards of rational inquiry have consequences for how the normativity of rationality should be understood. The book ends with an account of how the rationality of cognitive actions is related to the idea of the adequacy of standards. A distinction between absolute and standard-relative rationality is made, and it is argued that what an inquiring agent rationally ought to do coincides with what it is standard-relatively rational for him to do. It is shown that this view of rationality of inquiry is nevertheless inconsistent with rationality relativism, and that it is compatible with an objectivistic view of rationality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Matthew S. Santirocco JUSTICE IN SOPHOCLES' ANTIGONE Sophocles' Antigone is most often apprehended in terms of conflicts, an approach which the play does indeed invite. The personal clash of Antigone and Creon generates conflicts on many different levels— political (individual or family vs. state, aristocracy vs. democracy), theological (gods vs. men), philosophical (nature vs. law or convention), sexual (woman vs. man), even chronological (young vs. old). However, insofar as (...) no list can ever be so inclusive as the play itself, all such discussions tend by their very nature to be reductionist. And even if a balanced critique were possible at this level, a tragedy is not the sum of abstract conflicts; it is theatre, people in action. Furthermore, the conflict approach encourages us to ask the wrong questions. Although conflict need not imply resolution, critics persist in searching for it. Yet there is no resolution in the Antigone except by death. Similarly, such an approach invites us to ask who is right, Antigone or Creon. But in a very real sense this question misses Sophocles' point. Relevant, perhaps, to versions by Anouilh and Brecht, the question misleads when applied to the ancient play. It is interesting that we oversimplify, for Sophocles' sympathies are more expansive and complex than these modern interpretations of his myth. For all these reasons a valid alternative approach to the play may be to consider it not in terms of the conflicts incarnated in the personalities but rather in terms of one theme in the context of which all the conflicts are played out. The precise issue here, as so often in Greek tragedy, is a philosophical one. As the religious thought of an earlier era was yielding to judicial and political thought, and as older heroic ideals were being supplanted by a rationalistic view of man, tragedy's function in fifth-century Athens was, in part at least, to expose and explore these cultural displacements, either by affirming traditional values and concepts or else by questioning their continued validity. One such concept, perhaps the most recurrent in tragedy, 180 Matthew S. Santirocco181 is justice, dike. Originally a term used to refer to things as they are, dike came also to acquire a normative sense, things as they ought to be. At different times and in different contexts the word can signify custom or usage, law-enforcing authority, penalty, and ofcourse "justice" as a higher standard. Its precise semantic range is wide and fluctuating. Thus tragedy becomes, in a sense, a matter of vocabulary. In the Antigone the characters appeal to justice, but each defines it differently, so that the conflict is not so much between justice and injustice as between one sort of justice and another. The Oresteia of Aeschylus had earlier celebrated the transition from vendetta justice to courtroom justice. The Antigone, however, focuses not so much on the changes in dike as on a question these changes raise, namely the very possibility of dike. The establishment of the law court brought Aeschylus' trilogy to a resolved ending. Sophocles' vision in the Antigone is much more austere. Although he acknowledges the existence of an ideal of justice, he exposes the tensions and ambiguities inherent in it and thereby questions whether that ideal can ever be realized in the lives of men. II A key text concerning justice is contained in one of the choral odes. But can it be trusted? The tragic chorus is not, after all, the mouthpiece of the poet as was the comic chorus in Aristophanes' parabaseis. Nor is it always or necessarily the mouthpiece of the audience, SchlegeFs "ideal spectator." In the Antigone, as elsewhere, the chorus simply constitutes a panel of the population (here, of Thebes) and its perspective on the action is, if not omniscient, not particularly partisan either. Gordon Kirkwood has demonstrated the many dramatic functions of the Sophoclean chorus, including its ambiguities. In the Antigone no fewer than three odes are ambiguous, leaving in doubt the identity of the one who has disturbed order and right (332-75), who has violated the will of heaven (582-625), and whose mind has been perverted by love (781-816). Although the chorus may not be aware of the... (shrink)

Sam Lebens’ The Principles of Judaism is an extraordinary book in its rigor and richness. It is a sophisticated examination of three central propositions, which Lebens maintains, are the fundamental doctrines that “can make sense of continued commitment to an Orthodox Jewish lifestyle.” (Lebens, 273). He presents and discusses the following three propositions: 1) The universe is the creation of one God; 2) The Torah is a divine system of laws and wisdom, revealed by the creator of the universe; and, (...) 3) The creator exercises provi-dential care over his creation, manifest in the creator’s continued sustenance of the world, reward and punishment for human action, and in the promise of ultimate salvation. (Lebens, 3).Lebens presents the principles as they were variously explicated and de-fended in key Jewish texts written by the most influential Jewish thinkers; he then turns to search for “the most plausible rendering of this set of prin-ciples...” (Lebens, 274). After so doing, he specifies those doctrinal compo-nents among them, which he deems necessary “for making sense of commit-ment to Judaism” (Lebens, 275), identifying a “commitment to Judaism” with being “faithful to the tenets of Judaism” in the sense of having faith in them:To the extent that these principles are necessary for making sense of commitment to Judaism, I argue that you cannot be considered faithful to the tenets of Judaism without holding an attitude of faith toward some element of each of the three principles... (Lebens 275).The distance between Lebens’ philosophical and religious outlook and pre-suppositions, as they show themselves in his Principles of Judaism, and my own is great. I shall start with a critique of Lebens’ reduction of Judaism to so-called Orthodox Judaism, and argue that Lebens has no justification for characterizing the principles that he identifies, as the “principles of Judaism” without qualification. I shall then turn to argue that there are grounds for questioning whether the principles that Lebens identifies can be understood as the principles that so-called “Orthodox Jews”, too, have faith in. It is, how-ever, clear that the utterances that Lebens discusses do play a central role within the life of committed Jews. I shall end by proposing that we adopt the later Wittgenstein’s philosophical method for making perspicuous their meaning and their different roles. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

In this paper we present a modern version of the classic theory of “ultimate psychological hedonism” . As does the UPH, our two-dimensional model of metatelic orientations also postulates a fundamentally hedonistic motivation for any human action. However, it makes a distinction between “telic” or content-based goals of actions and “metatelic” or emotional reasons for actions. In our view, only the emotional reasons for action, but not the goals of action, conform to the UPH. After outlining our (...) model, we will elucidate the similarities and differences between our model and classic UPH. In this context we will clarify several basic misconceptions regarding classic UPH. In a next step, two major criticisms of the theory of ultimate psychological hedonism will be discussed, that is the statement that the hedonistic principle has no motivating effect at all and the argument that the hedonistic motivation is only one of many motivations of human actions. We believe that both of these arguments can be refuted. Finally, we will discuss the compatibility of our model with evolutionary theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Let me begin by expressing my gratitude to AAPP, PPP, and the Jaspers Award Committee—I am deeply honored to receive this award. So too let me thank Anke Bueter (2022) and Awais Aftab (2022) for their thought-provoking commentaries. Many of the concerns they bring up are ones that I share, so I am delighted to have a chance to discuss them in my response. I will bring up (...) three central issues in turn: 1) the role of shared standards versus background assumptions, 2) the limits of inclusion, and 3) pluralism in psychiatry. -/- Shared Standards or Background Assumptions? Both Bueter and Aftab reference Longino's "shared public standards" criterion for social objectivity (1990, p. 77; 2002, p. 130), which I did not explicitly discuss in the original paper (Knox, 2022). This was a choice I made partly because in the case of psychiatry determining what constitutes an appropriate "shared public standard" is often not at all straightforward, which points to a potential problem for Longino's view. Namely, in some cases it is a matter of dispute whether some assumption shared within a scientific field should be counted as a "shared public standard" (which Longino requires that there be) or a "background assumption" (which she requires be subjected to critical scrutiny). And it is sometimes unclear how we could effectively adjudicate this type of disagreement. Take the example Bueter uses of "psychiatrists aiming for biomedical explanations of a particular mental disorder, whereas the critics value research that does not assume the existence of mental disorders" (2022, p. 273). A conflict along these lines often does arise between advocates of the pathology paradigm and the neurodiversity paradigm with regard to Autism, for example. A psychiatrist working within the pathology paradigm may argue that something like "psychiatry must deal only with mental disorders, understood as pathologies" constitutes a shared standard, and so psychiatric research on Autism must understand it as a pathology. An advocate of the neurodiversity paradigm, however, might argue that this same proposition is merely a normative background assumption shared among many psychiatrists, which ought to be questioned and ultimately rejected. How might we adjudicate this meta-disagreement about the status of this standard/assumption? Bueter gives some helpful guidance on this issue by pointing to Carrier's requirement that participants exhibit the "epistemic attitude" (2013). I agree that if all participants commit themselves to this attitude, then "…differences in conceptual resources and standards of assessment need not make shared deliberation impossible, and the standards can be a subject of discussion themselves" (Bueter 2022, p. 273). For instance, since this attitude requires some commitment to empirical adequacy, we might search for some empirical evidence that favors one paradigm over the other. But advocates of both paradigms might actually agree on all the empirical facts, and yet still have a deep disagreement about which paradigm's understanding should be accepted as a shared standard. If participants are committed to some common standards and goals, we may often be able to resolve this sort of problem. But there is still a danger that we may arrive at an impasse, with no clear idea how to proceed. Though in many cases scientific experts must be allowed some power to set the standards in their domain (lest we dilute that expertise in ways that Aftab rightly points out would be problematic), I would also caution against accepting that something is a legitimate shared public standard just because the members of a scientific community say so. In keeping with the spirit of Longino's reliance on Quine, none of our shared standards are in principle immune from revision—save perhaps a minimal commitment to empirical evidence and rational argument. -/- The Limits of Inclusion My impression is that Longino's response to the "Nazi problem" presented by Hicks (2011) might be to bite the bullet: her account does require allowing Nazi scientists to participate, and perhaps even cultivating their participation. But if (as seems likely) the Nazi shows themself to be unable to adhere to the shared standards... (shrink)

John Rawls, the Harvard Professor, died rights open to any and all challenges, even stupid last month. He was, without question, the most ones. important political philosopher of the Twentieth What does a country do when faced century. It is a terrible time to lose him because with a person, group, or nation that claims that America, and the world, is faced with dire such rights are not obvious but dubious? What questions of justice, rights, and political stability. do we (...) do when faced with an enemy – foreign or These are questions that Rawls spent his life domestic – who rejects justice? Wars were pursuing, and his answers, while not always fought for much less; wars are being fought for convincing, taught us a great deal about much less. Believers in the rights announced by ourselves, and our political priorities. the Declaration of Independence need a theory Few people have heard of Rawls. In that can justify inalienable rights more part, this is because he shied away from convincingly than by simply appealing to publicity, but mostly this is because Americans Jefferson’s personal preference. This is where tend not to regard philosophy as important. John Rawls comes in. Many college students who become interested in In his 1971 book, A Theory of Justice, the subject are pressured by their parents to study Rawls attempted to provide a justification of something else because, their parents claim, rights that would apply to all people, for all time, philosophy is not practical. It is, in fact, quite that everyone would ultimately consent to no difficult to get a job as a philosopher, but matter who they are or what religious or cultural philosophy itself is far from useless. Virtually beliefs they held. This is a massive achievement, everything that we value comes out of and in addition to a lifetime of success in his philosophy in one form or another. chosen field, it won him the Medal of Honor Political philosophy, for example, is from Bill Clinton in 1999. responsible for the creation of individual rights, Rawls revised his theory throughout his theories of justice and equality, the creation of career but his early work will be his most lasting. capitalism and the free market (and, of course, It will be read for generations alongside the opposing theories such as communism and greatest of philosophers, partly because at its anarchy).. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:332 BOOK REVIEWS toral inventions (such as basic Christian communities), and the religious backgrounds of millions who help to make up the churches, Catholic and Protestant, of the United States. Providence College Providence, RI EDWARD L. CLEARY, O.P. Springs of Action: Understanding Intentional Behavior. By ALFRED R. MELE. New York and Oxford: Oxford University Press, 1992. Pp. 272 + ix. $39.95 (cloth). Alfred Mele's overarching aim in this (...) book is to offer an account of the role of intentions in the explanation of intentional action. He works within the familiar terms of causal theories of action, and is particularly indebted to Donald Davidson. In Part I, Mele borrows a set of theses from Davidson's desire/belief model of intentional action, and in the process of addressing problems associated with these theses, he progressively refines an account of action that understands an agent's reasons to have explanatory force by virtue of being among the causes of action. In Part II, Mele argues that desire/belief models are insufficient as they stand and need to be filled out by recognizing that intentions provide a crucial link between reasons and actions. The discussion begins with the vexed question of how the content of mental states can be relevant to the causal explanation of action. We constantly appeal to our desires, beliefs, plans, and so on (i.e., to various propositional, or intentional, attitudes) in explaining our behavior. But how does, say, my appetite for good wine and my belief that the house chardonnay is such a wine figure in the causal order that brings about my act of ordering a glass of it? Presumably, these intentional states supervene upon certain physical states of my body, and the latter do the causal work of producing wine-ordering behavior. However, there are good reasons to think that, with certain sorts of changes in my history and environment (viz., of the sort described in twin earth thought experiments), these physical states could be the realization of different intentional states. So can a causal theory of action actually accord my desires and beliefs any role in explaining my action? Mele argues that even if we hold (with externalists) that the agent's history and environment help to fix the content of her intentional states, we can nonetheless say that unless the agent had intended what she did, she would not have acted as she did. The behavior is intentional action by virtue of issuing (in the right way) from physical processes BOOK REVIEWS 333 that realize the agent's reasons for acting, and these processes realize these reasons only if the processes have an appropriate causal history. The result is that what we desire, believe, and intend does after all make a systematic difference in what we do. Mele makes some helpful refinements in the standard account of the causal role of desire in intentional action. It has typically been claimed that when an agent's wants compete, the "strongest" of them deter· mines the action; if an agent wants to do A more than anything else that she takes herself to be able to do, then if she acts intentionally she will do A. Mele points out that this general claim must be qualified so as to index desires to times, to accommodate both unsuccessful at· tempts and the agent's estimates of the likelihood of success, and to deal with the complex relations between desires. He explores the way in which agents are able to control the motivational strength of their desires, and he works out a definition of irresistible desire. One of the deepest challenges to the claim that action is caused by what we most desire arises in considering "motivational ties." How, on this account, is intentional action possible when we equally desire each of two incompatible alternatives? An arbitrary decision procedure can be adopted (e.g., a coin toss), but this alone does not en· hance the attractiveness of the randomly selected alternative. Here Mele introduces his thesis about intentions: viz., that intentions have an "executive quality that is not reducible to desire-strength" (p. 72), so that even when there is no preponderant motivation to do A... (shrink)

We tend to think every ought statement implies that an actual agent can comply. However, our uses of “ought” suggest that some ought statements fail to have this implication: it is possible that the actual agent ought to do something she has no chance of accomplishing even if she intends to do so. Rather they imply that if the agent and her circumstances were defect-free, she could and would perform the prescribed action. There are two types of evaluation for (...) ought statements. One type of evaluation addresses the question of what to do given the agent’s peculiar capacity and condition. The point of this evaluation is giving personalized action guidance, and so recommends only what the actual agent can do under the actual condition. Another type of evaluation addresses a different question, that of what to do as a type of agents. The point of this evaluation is the coordination of individuals by selecting a shared norm for them: the standard that prescribes all of them to perform the same action and classifies for all of them the same traits as defect. This is why it endorses the ought statements that some actual agents cannot comply with, but that a normal agent could and would do so under normal conditions. (shrink)

Normativity is what gives reasons their force, makes words meaningful, and makes rules and laws binding. It is present whenever we use such terms as ‘correct,' ‘ought,' ‘must,' and the language of obligation, responsibility, and logical compulsion. Yet normativists, the philosophers committed to this idea, admit that the idea of a non-causal normative realm and a body of normative objects is spooky. Explaining the Normative is the first systematic, historically grounded critique of normativism. It identifies the standard (...) normativist pattern of argument, and shows how this pattern depends on circularities, assumptions about the unique correctness of preferred descriptions, problematic transcendental arguments, and regress arguments that end in mysteries. The book considers in detail a paradigm case: legal normativity as constructed by Hans Kelsen. This case exemplifies the problems with normativist arguments. But it also shows how normativism was constructed as an alternative to ordinary social science explanation. The normativist argument is that social science explanations themselves are forced to rely on normative conceptsÑminimally, on normative rationality and on a normative view of ‘concepts' themselves. Empathic understanding of the reasoning and meanings of others, however, can solve the regress problems about meaning and rationality that are central to the appeal of normativism. This account has no need for a parallel normative world, and has a surprising and revealing lineage in the history of philosophy, as well as a basis in neuroscience. (shrink)

Throughout the text of the Han Feizi, we see opposition to traditional (and often Confucian) perspectives on a wide range of state activities, both internally and externally. This antipathy towards the traditional morally-based criteria for justifying state actions extends to the questions of when, how, and if to wage war. In what we may today think of as reasoning akin to Western conceptions of political realism, Han Fei argues that considerations of morality have no place, either in questions of war (...) and peace or, indeed, in broader questions of politics more generally. This is not, though, to say that Han Fei is uninterested in broader questions of when ware and peace are justified. However, such justifications are based not to be justified by appeal to moral concerns. Rather, the fundamental question to be answered is how the strength, security, and flourishing of the state would be affected by warfare. By viewing questions of war and peace from the perspective of state consequentialism, Han Fei believes that we can ascertain the answers to questions not only about when and if to engage in warfare, but also to questions of what particular actions can be justified within the context of war. (shrink)

Crafted within a knowledge-first epistemological framework, Mona Simion’s engaging and wide-ranging work ensures that both the Knowledge Norm of Assertion (KNA) and Classical Invariantism (CI) can be part of a viable and productive research program.Dissatisfied with current strategies on offer in the literature, she successfully counters objections to the pair sourced in “shiftiness intuitions”—intuitions that seem to indicate that mere changes in practical context can impact the propriety of assertions and knowledge attributions. For example, in Keith DeRose’s famous pair of (...) low stakes versus high stakes bank cases, the consequences of Keith’s acting on The bank is open on Saturday if it were false change from trivial in low stakes to catastrophic in high stakes. We are to suppose that the proposition is true, and that Keith has access to the same quantity and quality of evidence for it in both cases. In low stakes, but not in high stakes, we are inclined to think that Keith can appropriately assert to his inquiring wife “The bank is open on Saturday.” In low stakes, Keith’s knowledge ascription “I know that the bank is open on Saturday” strikes us as aptly asserted and true. In high stakes only a knowledge denial on Keith’s part strikes us as aptly asserted and true.If we want to hang on to KNA, it looks like we will have to abandon CI and concede that ‘knows’ or knowledge is sensitive to changes in practical considerations. If we want to retain CI, we can try to say that, while Keith does still know that the bank is open on Saturday in high stakes, he does not have sufficient warrant to properly assert that it is. But such a move seems to run counter to KNA. We appear to be stuck in the Shiftiness Dilemma.Keen to get us out of the dilemma and to preserve the idea that epistemically good thinking and asserting are independent of practical concerns, Simion suggests a strategy that can also be used to protect other epistemic speech-act norms and notions from similar threats of practical shiftiness. She notes that having an impact on the degree of epistemic warrant required is not enough to make a norm an epistemic one. Fair enough. If I am given strong practical reason (a million dollars, or a gun to the head) not to adopt full belief until I have gathered more evidence, there is potentially some nonepistemic norm at work in the demand for further evidence. So it is a live possibility (indeed, a plausible one, as Simion would say) that our intuitions in the Shiftiness Dilemma are being misdescribed: they are tracking all-things-considered propriety of assertion, not epistemic propriety. In high stakes, practical norms override the epistemic norm KNA. Keith’s asserting “The bank is open on Saturday” would be epistemically proper but all-things-considered improper.Simion backs up her account with an etiological-function origin story and typology for the norms of assertion. Here is her characterization of etiological function for traits, artifacts, and actions. E-function.A token of type T has the e-function of type B of producing effect E in a system S iff (1) tokens of T produced E in the past, (2) producing E resulted in benefit of type B in S/S’s ancestors, and (3) producing E’s having B-benefited S’s ancestors contributes to the explanation of why T exists in S.In this schema, norms governing an action are typed by the functions or purposes of the action, which in turn are typed by the benefits the action delivers. The epistemic norm of assertion will be the one that characteristically and reliably enables participants in the practice of assertion to secure its primary epistemic good, which Simion identifies as knowledge (testimonial knowledge in hearers generated under normal conditions by the assertions of knowledgeable speakers). Moves in a practice either directly or indirectly aim at fulfilling the goal of the practice. Assertion is a move in the practice of inquiry, which has the generation of knowledge as its aim. Hence, Simion concludes, assertion aims at generating knowledge.This account helps to explain why, in cases like high stakes, Keith all-things-considered ought not to assert “The bank is open on Saturday,” even though he knows it is true. Prudential norms of assertion override the epistemic KNA, for when multiple functions come into conflict, the ones that are more important to the survival of the organism will generate weightier normative constraints.Simion then applies her account to the general category of constatives—for example, speech acts that express a speaker’s belief and the intention that the hearer form or continue to hold the like belief. Employing the taxonomy of Bach and Harnish, she argues that, as expressions of belief and hence varieties of assertion, constatives are subject to knowledge norms as well. Bach and Harnish identify fifteen different subcategories of constatives, each characterized in terms of the kind of belief and intention they express. The norms governing a species have to be at least as strong as the norms governing the corresponding type. As species of the type assertion, each subcategory, then, is subject to at least the necessary direction of KNA. Ultimately, we arrive at a knowledge norm for every speech act on the list, such as The Knowledge Norm of Conjecture (KNC):One’s conjecture that p is epistemically permissible only if one knows that there is reason, but not sufficient reason, to believe that p. Most of the proposed interpretations of various constatives are on the whole reasonable enough, though J. L. Austin would surely be unhappy to see so many different speech acts fashioned into varieties of assertion. Simion concludes with reflections on conjecturing, telling, and moral assertion.Construing the challenge of shiftiness intuitions in terms of the Shiftiness Dilemma allows Simion to declare success when the compatibility of KNA and CI with the relevant data of intuition is secured. Ensuring empirical adequacy for an explanatory framework is an important step, but pronouncements of victory by way of inference to the best explanation would be premature.Other candidates have been shown to match KNA’s familiar explanatory successes (involving lottery propositions, Moorean statements, etc.). Unlike KNA, alternatives that require only epistemically justified or rational belief or credence can allow that a subject is epistemically proper to assert what they believe when their belief is epistemically rational, even under conditions where there are defeating reasons that they are not in a position to be aware of. Furthermore, such norms seem better suited for philosophical or heated moral discussions where there is little consensus and individuals routinely fail to know that what they assert is true. Simion sounds the alarm that the Shiftiness Dilemma threatens to generalize “to epistemic normativity as a whole” (xi–xii), but norms concerning rational credence seem particularly immune.As Simion notes, the etiological-function model of norms that she proposes could be rebuilt with a different central epistemic aim at its core. Indeed, Millikan-inspired models along these lines are appealed to in other areas in philosophy where the concept of information takes center stage—a concept that may be more amenable to rigorous definition and use in dialogue with the sciences than knowledge. We can wonder, also, what special weight the etiological-function model accords to a knowledge-first perspective on epistemic normativity when the model is malleable in this way.The effectiveness of Simion’s strategy for shielding epistemically good thinking and assertion from practical shiftiness becomes less apparent when we try to apply it to Keith’s belief or judgment that the knowledge ascription/denial he asserts is true. It is unclear whether we are to suppose that, in high stakes, Keith epistemically ought to believe/judge that his asserted knowledge denial is false, but all-things-considered he ought to believe/judge that it is true. We do not have to accept that the knowledge-first, etiological function account of normativity for assertion carries over to belief, of course, but then what progress have we made in accounting for the shiftiness in Keith’s judgment that he knows the bank is open on Saturday in low stakes but not in high stakes?Furthermore, there are other ways to generate problems for fallibilist Classical Invariantists in low versus high stakes pairs of cases. Here is a simplified version of a puzzle from the debate over pragmatic encroachment. Consider low cases where you meet the invariant standards for knowing that p, but your justified confidence falls short of certainty. Among these cases, there must be some where you also meet the invariant standards for knowing that if p is true, then among your choices of action ϕ-ing results in the best overall outcome. Say, for instance, that you have a machine with a ϕ button, and your machine, which you know to be extremely reliable, tells you what the cost or benefit will be if you push the button and p is true versus if p is false. If you ϕ (push the ϕ button) and p is true, you win one hundred dollars; if you ϕ and p is false, you lose one hundred dollars. You face the choice: to ϕ or not to ϕ. Since you know that p, and you know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome, you rationally conclude that ϕ-ing results in the best overall outcome, and hence that you ought to ϕ. If you know which choice of action has the best overall outcome, that is what you all-things-considered should do. Now consider high, where the quantity and quality of your evidence for p is the same, and you still know that your machine is extremely reliable. This time, however, the machine tells you that if you push ϕ and p is true, you win one hundred dollars, but if you push ϕ and p is false, you lose $1 million. Your rational confidence in p is not high enough to justify pushing the button, so you rationally conclude that you ought not to ϕ. Since in high nothing evidentially relevant has changed (all that has changed is the machine informing you of a new, more serious cost of acting on p if p is false), the classical invariantist will have to say that you still know that ϕ, and you still know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome. So, according to CI, you should still be able to reason properly as follows: you know that p, and you know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome, so you know that ϕ-ing results in the best overall outcome, hence you ought to ϕ. Classical invariantists owe us an explanation concerning how we can avoid the paradox here without conceding that knowledge is practically shifty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:St. Thomas Aquinas's Appeal to St. John the Baptist as a Benchmark of Spiritual GreatnessJohn Baptist Ku, O.P.When we think of sources of St. Thomas Aquinas's speculative theology, we rightly recall teachings given in Scripture—such as that sin came into the world through one man (Rom 5:12) or that all that the Father has belongs also to the Son (John 16:15)—as well as teachings, based on Scripture, imparted (...) by Church councils or Fathers, such as that Christ is one person with two natures1 or that the human nature of Christ is an instrument of his divinity.2 In the project of faith seeking understanding, these teachings lead expeditiously to distinctions and clarifications concerning person and nature, habit and action, primary and instrumental causality, intellect and will, faith and reason, and the like. However, the saints themselves too serve as a source for Aquinas's speculative theological reflection. Though they admittedly constitute a less abundant source than scriptural, conciliar, or patristic teaching, the saints' contribution to Aquinas's theology merits our attention.For instance, in "Jean-Baptiste: figure du prêcheur chez Thomas d'Aquin," Jean-Pierre Torrell observes that Aquinas's research into the Fathers of the Church for the Catena aurea bore considerable influence on his subsequent works, and Torrell documents how Aquinas's treatment of John the Baptist is a precise case that shows this influence.3 More recent [End Page 1119] scholarship has, fortunately, taken note of the saints' contribution to Aquinas's theology—in the figures of St. Benedict and the virgin martyrs.4This article will therefore examine St. John the Baptist as just such a source of Aquinas's speculative theology. Aquinas appeals to St. John as a benchmark of spiritual greatness against which to situate other figures: Christ, angels, Mary, apostles, prophets, evangelists, priests, and the people of God. By examining these cases, we will not only observe the Angelic Doctor's appreciation of the saints as our teachers, as examples to be imitated, and as proofs of God's love in transformative grace; we will also witness aspects of the Dominican master's theological method, that is, in his manner of interpreting Scripture and his application of reason to scriptural data to make arguments and draw conclusions.5 For instance, in his treatment of the least in the kingdom of heaven, Scripture will definitively confirm what theological reasoning can determine concerning the knowledge of those with the beatific vision. Furthermore, his exposition on the Blessed Virgin will reveal that he reads the Bible as a whole with one divine author, in support of traditional interpretations.6 However, he is not naive about diverse human authorship and the literal versus the spiritual senses [End Page 1120] of Scripture,7 and his methodology unveils his explicit conviction that Scripture must be the basis of theological claims.8My presentation will unfold in five sections. After (1) a glance at some of Aquinas's comments on the authority of various sources of theology so as to situate our conversation about the saints as a source of theology, I will review Aquinas's enlistment of John the Baptist as a standard by which to establish: (2) three simple points about Christians and Christ—that all of the articles of faith must be accepted, that prepubescent children can enter religious life, and that Christ's baptism manifests divine power—(3) the superiority of angels to wayfarers, among whom John the Baptist is the greatest, followed by apostles, prophets, and evangelists; (4) the eminence of John the Baptist and a ranking, in order, of God, angels, John the Baptist, prophets, priests, and then God's people; and (5) the holiness of Mary the Mother of God.The Authority of Various Sources of TheologyIn just a few lines in the Summa theologiae, Aquinas identifies the roles of reason and authority in theology. On one hand, "it is most proper" to theology to offer "proofs from authority," since theology's "principles are known through revelation"—making theological arguments dependent on "the authority of those making the revelation." But on the other hand, theology "also uses human reason, not to... (shrink)

In Thinking like a Mall Steven Vogel argues that there is no authoritative nature independent of human standards to which one can appeal to correct damaging environmental practices. Human practices are the only basis for interpreting the environment and our ecologically destructive practices have made our environment into the degraded thing that it is. Revising these flawed practices requires becoming alienated from them; only then can we be responsible for them. Alienation is overcome by a democratic community who (...) chooses the practices that correct deficient ones and that we can recognise as expressions of ourselves and be at home in. This paper argues that there is a key step missing in this process, which is how we become alienated from our practices. It is only by appreciating the broader social and institutional horizon, ‘Ethical Life’, by which norms receive their authority and lose it, that we can understand alienation and the normative change necessary to correct it. (shrink)

If “perfectionism” in ethics refers to those normative theories that treat the fulfillment or realization of human nature as central to an account of both goodness and moral obligation, in what sense is “human flourishing” a perfectionist notion? How much of what we take “human flourishing” to signify is the result of our understanding of human nature? Is the content of this concept simply read off an examination of our nature? Is there no place for diversity and individuality? Is (...) the belief that the content of such a normative concept can be determined by an appeal to human nature merely the result of epistemological naiveté? What is the exact character of the connection between human flourishing and human nature? These questions are the ultimate concern of this essay, but to appreciate the answers that will be offered it is necessary to understand what is meant by “human flourishing.” “Human flourishing” is a relatively recent term in ethics. It seems to have developed in the last two decades because the traditional translation of the Greek term eudaimonia as “happiness” failed to communicate clearly that eudaimonia was an objective good, not merely a subjective good. (shrink)

We think less than we think. My thesis moves from this suspicion to show that standard accounts of intentional action can't explain the whole of agency. Causalist accounts such as Davidson's and Bratman's, according to which an action can be intentional only if it is caused by a particular mental state of the agent, don't work for every kind of action. So-called automatic actions, effortless performances over which the agent doesn't deliberate, and to which she doesn't need (...) to pay attention, constitute exceptions to the causalist framework, or so I argue in this thesis. Not all actions are the result of a mental struggle, painful hesitation, or the weighting of evidence. Through practice, many performances become second nature. Think of familiar cases such as one's morning routines and habits: turning on the radio, brushing your teeth. Think of the highly skilled performances involved in sport and music: Jarrett's improvised piano playing, the footballer's touch. Think of agents' spontaneous reactions to their environment: ducking a blow, smiling. Psychological research has long acknowledged the distinctiveness and importance of automatic actions, while philosophy has so far explained them together with the rest of agency. Intuition tells us that automatic actions are intentional actions of ours all the same (I have run a survey which shows that this intuition is widely shared): not only our own autonomous deeds for which we are held responsible, but also necessary components in the execution and satisfaction of our general plans and goals. But do standard causal accounts deliver on the intentionality of automatic actions? I think not. Because, in automatic cases, standard appeals to intentions, beliefs, desires, and psychological states in general ring hollow. We just act: we don't think, either consciously or unconsciously. On the reductive side, Davidson's view can't but appeal to, at best, unconscious psychological states, the presence and causal role of which is, I argue, inferred from the needs of a theory, rather than from evidence in the world. On the non-reductive side, Bratman agrees, with his refutation of the Simple View, that we can't just attach an intention to every action that we want to explain. But Bratman’s own Single Phenomenon View, appealing to the mysterious notion of 'motivational potential', merely acknowledges the need for refinement without actually providing one. So I propose my own account of intentional action, the 'guidance view', according to which automatic actions are intentional: differently from Davidson and Bratman, who only offer necessary conditions in order to avoid the problem of causal deviance, I offer a full-blown account: E's phi-ing is intentional if and only If phi-ing is under E's guidance. This account resembles one developed by Frankfurt, with the crucial difference that Frankfurt – taking 'acting with an intention' and 'acting intentionally' to be synonymous – thinks that guidance is sufficient only for some movement being an action, but not for some movement being an intentional action. I argue that, on the other hand, Frankfurt's concept of guidance can be developed so that it is sufficient for intentional action too. In Chapter One I present and defend my definition of ‘automatic action’. In Chapter Two I show that such understanding of automatic actions finds confirmation in empirical psychology. In Chapter Three I show that Davidson's reductive account of intentional action does not work for automatic actions. In Chapter Four I show that the two most influential non-reductive accounts of intentional action, the Simple View and Bratman's Single Phenomenon View, don't work either. And in Chapter Five I put forward and defend my positive thesis, the 'guidance view'. Also, in the Appendix I present the findings of my survey on the intentionality of automatic actions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Comparative Religious Ethics: Everyday Decisions for Our Everyday Lives by Christine E. GudorfMyriam RenaudComparative Religious Ethics: Everyday Decisions for Our Everyday Lives Christine E. Gudorf minneapolis: fortress press, 2013. 256 pp. $49.00.In Comparative Religious Ethics, Christine Gudorf adopts a strictly descriptive approach and eschews normative judgments. She frames her inquiry by offering ordinary, Euro-American scenarios and then briefly describing the guidance that selected religions would offer, (...) leaving the work of comparison to the reader. Gudorf’s book is not afraid to tackle hotly debated religious and moral issues and is designed to foster engaged conversations. Its chapters focus on food, fasting, and feasting; on making work human; on body covering, [End Page 223] appearance, and identity; on sexuality and marriage; on making and keeping families; on anger and violence; and on charity and beggars. The book has an inviting layout, and the frequent use of tables, text boxes, and photographs lends dynamism to the text.The first chapter explains Western ethical categories such as virtue ethics, rule-based ethics, casuistry, and consequentialist ethics. It also introduces Maguire’s wheel for moral decision making and discusses contemporary rethinking of traditionally accepted moral rules. Each subsequent chapter includes sections that frame the chapter’s central issue(s), describes treatments of that issue by different religions (e.g., the chapter on “work” touches on Hinduism, Buddhism, Islam, Christianity, and Judaism), and explores associated ethical questions in contemporary terms. In addition, these chapters feature case studies, discussion questions, recommendations for further reading, and a list of relevant films. Gudorf’s treatments of Christian ethics favor the Roman Catholic tradition, sometimes exclusively—the “work” chapter, for example, omits key Protestant views such as Luther’s doctrine of vocation and Calvin’s conviction that labor glorifies God.The book is written for undergraduates who are “seekers.” By this Gudorf means skeptics who “no longer believe … that any one religion has enough of the answers to justify submitting themselves to the authority of that religion” and who identify as spiritual-not-religious (6). Perhaps to reassure her readers that she will not proselytize, Gudorf frequently mentions her own religious skepticism. She emphasizes that everyone “must, of course, decide for themselves the revelatory status of religious teachings” (41).Throughout Comparative Religious Ethics, Gudorf develops functionalist accounts to explain the existence and meaning of religious beliefs and practices. She also speculates about their physical and emotional “benefits.” Ever aware of her skeptic-seeker-readers, she suggests ways to strip the religious framework from these practices so that, while retaining their benefits, they are transformed into cultural and spiritual practices.In her chapter on “food,” for example, Gudorf analyzes “the proposed purposes” of food-related religious practices and the impact of such practices. Her goal is to help readers “decide on appropriate ethical approaches.” Fasting and food taboos are, in a way, like feasting, she writes, because associated practices can help us “differentiate our days.” Such differentiation is important because we, human beings, do not “tolerate well the boredom of unchanging days.” To combat boredom, “scheduling fast days, and the feast days with which they contrast, adds spice to our lives” (53). Some readers will be troubled by these claims. While fasting to add “spice” to life may appeal to the affluent and food secure, the millions of people who suffer from malnutrition, food insecurity, or starvation will want a different account of why fasting is important in their religious traditions. [End Page 224]Gudorf’s functionalist accounts have two consequences. The first is that instructors will want to supplement Comparative Religious Ethics with materials covering other theories of religion. The second is that, although her choices of themes and case studies are refreshingly up to date, savvy readers will detect white, middle-class privilege at the core of her analyses. Ironically the book will have the added “benefit” of engendering classroom conversations about the kind of privilege to which we should all be alert.Myriam RenaudUniversity of Chicago Divinity SchoolCopyright © 2016 Society of Christian Ethics... (shrink)

Can SRI be a means to make investors both virtuous and prosperous? This paper argues that there can be significant tensions between these goals, and that SRI (and indeed all investment) should not allow the pursuit of maximizing investment returns to prevail over an ethical agenda of promoting social and economic justice and environmental protection. The discourse on SRI has changed dramatically in recent years to the point where its capacity to promote social emancipation, sustainable development and other ethical goals (...) is in jeopardy. Historically, SRI was a boutique sector of the market dominated by religious-based investors who sought to invest in accordance with the tenets of their faith. From the early 1970s, the aspirations of the SRI movement morphed significantly in the context of the divestment campaign against South Africa's apartheid regime. No longer were social investors satisfied with just avoiding profit from immoral activities; instead, they also sought to change the behavior of others. Business case SRI is a problematic SRI benchmark for several reasons: often there is a countervailing business case for financing irresponsible activities, given the failure of markets to capture all social and environmental externalities; secondly, even if investors care about such concerns, there may be no means of financially quantifying their significance for investment purposes; and, thirdly, even if such factors can be financially quantified, they may be deemed to be such long-term financial costs or benefits that they become discounted and ignored. The ethics case for SRI and ethical business practices more generally takes the view that both investors and the companies they fund have ethical responsibilities that trump the pursuit of profit maximization. Ethical investment should be grounded on this foundation. However, it may not be enough. To keep ethical investment ethical will likely require institutionalizing new norms and governance standards, in such domains as reforming fiduciary duties and the internal governance of financial organizations. SRI's own codes of conduct including the UNPRI have yet to demonstrate the robustness to move the financial community beyond business as usual. (shrink)

Two important objections have been raised against exclusivist public reason. First, it has been argued that EPR entails an unjust burden for citizens who want to appeal to non-public reasons, especially religious reasons. Second, it has been argued that EPR is based on a problematic conception of religious reasons and that it ignores the fact that religious reasons can be public as well. I defend EPR against both objections. I show that the first objection conflates two ideas of public (...) justification and that the second objection conflates two ways to understand and identify religious reasons. Ultimately, it turns out that those who defend such objections actually share the concerns that justified EPR in the first place. In other words, if we are clear about the idea of public justification and the kind of religious reasons that EPR is really about, it appears that justificatory liberals are in fact all exclusivists. (shrink)

The Rationality of Love addresses the question whether love belongs, paradoxically enough, to the realm of reason, whether love belongs to the class of responses, such as belief and action, that admit of norms of justification and rationality. Are there normative reasons to love someone? Can love be an appropriate or fitting response to an individual? Or is love, like perceptual experiences, sensations, and urges, the sort of thing we just have and for which we cannot be (...) normatively criticizable? Ordinary thinking about love seems to pull us in different directions. On the one hand, love—involving as it does lots of non-rational elements—seems to be a good example of a response we shouldn’t assess in terms of rationality. On the other hand, we find it appropriate or fitting to love certain things and not others, and we are not reluctant to ask ourselves why we love certain people. This book defends the view that love is subject to normative standards by carefully assessing the various answers to the normative question about love and by providing its own solution. An extensive critical discussion of the so-called ‘no-reasons’ view of love is given, which helps uncover important issues to be tackled by any advocate of the rationality of love. In addition, the discussion is informed by the philosophy of normativity, an area often neglected in the debate. All in all, this book provides a systematic and up-to-date discussion of a central issue in the philosophy of love. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Intellectual Ethics of Revealed Truth:A Thomistic ApproachRoger PouivetIAt the beginning of the Summa contra gentiles [SCG], Thomas Aquinas says that "we must first show what way is open to us in order that we may make known the truth which is our object" (SCG I, ch., 3, no. 1).1 To question ourselves in this way is to do what we, today, call epistemology. So, in my opinion, in (...) the first chapters of the SCG, Aquinas examines questions belonging to the so-called "Epistemology of religious beliefs."2 Aquinas wonders how we may have the right to claim that God exists and what his attributes are, and to believe the revealed truths.So understood, epistemology of religious beliefs is part of what I will call "intellectual ethics." It is less about beliefs themselves—to know whether or not they are justified—than about believers, about persons and their intellectual virtues. Do they have a blameless and even a superior intellectual life? Or, are they immoral in having received their religious beliefs in the way that they did? In particular, it raises as a central question whether it is consistent with intellectual virtue for a person to receive beliefs by revelation, that is in the name of God. Is it possible to receive truths from the divine external source and donor, through the biblical text itself, or even through those who are purportedly in charge of manifesting the Word of God, and be an epistemologically virtuous, irreproachable person? [End Page 1289]My hypothesis is that the opening chapters of the SCG may be viewed as a step into the field of intellectual ethics examining the acquisition of religious beliefs from the perspective of intellectual virtue and defending the legitimacy of certain intellectual attitudes.IILet us distinguish two accounts of epistemology. What we may call an "epistemology of justification" deals with the norms or rules whose observance ensures the justification of our beliefs and the legitimacy of our claims to knowledge. It does not concern itself with the norms of behavior of a seeker after knowledge, but rather with the question whether what someone believes or claims is backed by evidence; and it debates what does or does not count as evidence and which are the rules by means of which evidence may support, or fail to support, beliefs or knowledge claims. Such an epistemology likewise concerns itself with the reflective control that we exert over our beliefs.In the second account, epistemology explores intellectual virtues as qualities of character. Our epistemic life is laudable when our acquisition of beliefs depends upon these virtues. However, in the perspective that we find in Aquinas, virtues are not understood simply as skills (or competences) that ensure that we arrive at beliefs that are justified by evidence, in the usual meanings given to that term. So, this second account of which I speak here differs from so-called "virtue reliabilism," for which, ultimately, virtues are simply faculties functioning properly for the maximization of our knowledge.3 An "epistemology of intellectual virtues" in a Thomistic approach addresses the question of what a "good epistemic life" is. So, it is not intended to define justification or knowledge to indicate what are the right rules (as in an epistemology of justification) to control beliefs, or even not what are the right procedures (as in an epistemology of skills) to acquire beliefs.In epistemology of the first type, the main epistemic commandment to persons is to believe only on the basis of sufficient evidence. It is essential that this evidence be recognized internally, through an examination of the reasons to believe. Any defense of the legitimacy of revealed beliefs or of any claim to know through revelation will prove, on this basis, utterly [End Page 1290] implausible, and so epistemically blameworthy. Revealed beliefs suppose our complete intellectual dependence upon an external source. We are not in the position to exert any internal control. The standard of such control would itself be received from the same source, and not grounded in our own epistemological initiative. So, in modern epistemology, the primacy of the rule of evidence has led to religious beliefs being deemed to... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Oppression, Normative Violence, and VulnerabilityThe Ambiguous Beauvoirian Legacy of Butler’s EthicsLisa C. KniselyJudith Butler’s most recent writings are a sophisticated theorization of the significance of human vulnerability as a resource for “a non-violent ethics... that is based upon an understanding of how easily human life is annulled” (Butler 2004, xvii). Butler argues that recognition of the constitutive vulnerability of human existence provides the condition of possibility through which (...) we can respond to an ethical “appeal” or “call” for nonviolence (Butler 2009, 165, 170). This recent work carries on the feminist theoretical tradition of theorizing nonviolence via an attention to human vulnerability that has been strongly present in feminist care ethics (Held 2006; Kittay 1999; Ruddick 1989; Noddings 1984; Gilligan 1982). However, rather than turning to the care ethicists to think through the ethical relationship between vulnerability and violence, Butler produces an innovative feminist ethics by turning to a variety of thinkers in continental philosophy and psychoanalysis, such as Hegel, Freud, Cavarero, and especially Levinas. Butler’s recent discussion of the ethical import of human vulnerability therefore extends a long-standing feminist tradition of arguing for nonviolence while also helping to expand the theoretical resources feminists have used for this task.This article places Butler’s recent ethical focus on nonviolence1 in conversation with Simone de Beauvoir’s earlier existentialist feminist ethical writings2 [End Page 145] concerning the ethico-political import of violence. Together, these two thinkers reorient the dominant feminist conversation about violence away from an emphasis on women’s violent and oppressive victimization and toward an idea of gendered actors who are simultaneously ethically enabled and constrained by the bodily, historical, and political situations out of which they act. Ultimately, however, Beauvoir’s argument that ethics are always deeply contextual and are thus normatively ambiguous is a preferable feminist alternative to Butler’s attempt to delineate a specifically nonviolent ethics. This is because Beauvoir gives thorough attention to contexts of oppression as a major mitigating factor that shapes our ethical possibilities.For Beauvoir, there is no guarantee that a nonviolent response to vulnerability is a priori the most ethical response. Beauvoir does not insist on a nonviolent ethics because the ethicality of violence must be derived from within the embodied situations out of which people are acting. Ethicality cannot be determined prior to, or outside of, the lived contexts in which people are situated. Beauvoir’s ethics remind contemporary feminist theorists that both vulnerability, and responses to vulnerability, whether violent or nonviolent, are always contextually mediated by the forces of history, politics, and circumstance. This reminder is essential if we do not wish feminist ethical claims to override the feminist political goal of lessening oppression. Beauvoir’s attention to contextual specificity shows us that our possible responses to vulnerability are ethically ambiguous in the sense that no normative claim about how one ought to respond to human vulnerability, taken in the abstract, can be elucidated without the risk of making our ethics potentially oppressive.By returning to Beauvoir’s ethics, especially Beauvoir’s attention to oppression and freedom, the discussion here is meant to echo the concerns of a growing number of contemporary feminist theorists who express hesitation about the recent “turn” to vulnerability in feminist theory (Bergoffen 2001; Butler 2004, 2005, 2009; Fineman 2008; Oliver 2008)3 and more generally about moral claims that are made in the name of feminism (Murphy 2009; Dean 2008; Halley 2008; Mills 2007; Brown 1995). In addition, the emphasis on Beauvoir’s ethics here is meant to help return the contemporary feminist discussion of violence toward a more general emphasis on the importance of thinking about freedom as a primary feminist concern (Zerilli 2005; Willett 2001, 1995). Beauvoir’s ethics demonstrate that the ethicality of our responses to vulnerability cannot be judged without a thorough attention to the ethical freedom4 of oppressed ethical actors.Feminist ethicists have tended to undervalue attention to specific historico-political contexts in their discussions of violence as they develop normative arguments against violence. As Kimberly Hutchings notes in her article “Simone de Beauvoir and the Ambiguous Ethics of Political Violence,” there are two contemporary feminist positions on violence... (shrink)

A liberal pluralist state recognizes that its members exercise a variety of religions or hold diverse comprehensive doctrines, and strives for neutrality so that none is favored. Neutrality can come into tension with the demands of individuals to express their religion in public spaces. I focus on a display of a “finals tree,” that many regard as a Christmas tree, on the campus of a public university, a display objected to by a small minority of non-Christian faculty and students who (...) claim it makes them ‘outsiders’ and should be removed. While display of a Christmas tree doesn’t violate the First Amendment because the Court has ruled it is a secular symbol, resolving that legal issue doesn’t resolve the ethical issue of which side should accommodate the other. To address that, I turn to traditional theories of Kant and Mill, who would side with the tree displayers, who are causing no harm and restricting no one else’s liberty. Finding this resolution wanting, I develop a modified version of Jeremy Waldron’s ‘adequacy’ principle, which has us be sensitive to the aims of others when our actions keep them from adequately pursuing their legitimate aims, so long as accommodating them does not keep us from adequately pursuing our own. I depart from Waldron in arguing that in assessing each side’s claims we should sometimes conduct a limited inquiry into the sincerity of one’s religious reasons, and this inquiry would not be incompatible with liberal pluralism’s requirement that we appeal to public reason. (shrink)

To answer the question of whether school can become a non-adultist institution, this article examines the unequal adult–child (teacher–pupil) power relations that characterize school under the framework of bourgeois-capitalist society and that are upheld by certain functions, methods, norms and knowledge standards. Under the influence of the anti-authoritarian youth protest movements from the 1960s onwards, overt power in school (e.g. by means of corporal punishment) has been criticized and, in most countries, abolished. However, power imbalances between teachers and pupils (...) have not disappeared, but rather developed towards a more subtle, covert power, e.g. by framing certain expectations. The hierarchical top-down and one-way learning principles of school institutions are mostly left uncontested. This article does not content itself with simply stating that schools repeatedly reproduce adultism under these societal conditions, but also discusses possible strategies and interventions that could shift unequal power relations and ultimately overturn them. It looks at various concepts and alternative forms of education critical of adultism that have emerged since the beginning of the 20th century both within and outside the state school system. It further explores the contradictions that should be expected to arise in their implementation within the framework of existing educational institutions. Particular attention is paid to the respective possibilities for action on the part of teachers and pupils. We offer a decisive challenge to teachers to rethink how they deal with their power, which is always derived and fragile, and how they can contribute to pupils empowering themselves and significantly influence learning and decision-making processes at school. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Negotiating International Bioethics: A Response to Tom Beauchamp and Ruth MacklinRobert Baker (bio)AbstractCan the bioethical theories that have served American bioethics so well, serve international bioethics as well? In two papers in the previous issue of the Kennedy Institute of Ethics Journal, I contend that the form of principlist fundamentalism endorsed by American bioethicists like Tom Beauchamp and Ruth Macklin will not play on an international stage. Deploying techniques (...) of postmodern scholarship, I argue that principlist fundamentalism justifies neither the condemnation of the Nazi doctors at Nuremberg, nor, as the Report of the Advisory Committee on the Human Radiation Experiments (ACHRE) demonstrates, condemnation of Cold War radiation researchers. Principlist fundamentalism thus appears to be philosophically bankrupt. In this issue of the Journal, Beauchamp and Macklin reject this claim, arguing that I have misread the ACHRE report and misunderstood Nazism. They also argue that the form of post-postmodern negotiated human rights theory that I proffer is adequate only insofar as it is itself really fundamentalist; insofar as I take postmodernism seriously, however, I mire international bioethics in relativism. In this response, I reaffirm my anti-fundamentalism, provide further evidence in support of my reading of the ACHRE report, and defend my post-postmodern version of rights theory. I also develop criteria for a minimally adequate theoretical framework for international bioethics.Universal Morality Reconsidered 1Paradoxically, the need for content-full universal moral principles tends to be most deeply felt and most adamantly asserted in the face of striking evidence of their absence. People are inspired to claim that Nazis must accept the universal principle that doing harm is wrong because they are appalled by the horror of the Holocaust. Yet the event itself provides palpable evidence that the Nazis saw no wrong in doing harm. One has the suspicion that claims of universalism [End Page 423] confound philosophical aspirations with empirical observations. This distinction makes a significant difference because empirical claims can be disconfirmed by data, whereas philosophical claims can only be challenged on the level of theory.I am, like Tom Beauchamp and James Childress, a common morality theorist. Thus, I believe, as they do, that ethics “relies heavily on ordinary shared moral beliefs for its content, rather than relying on pure reason, natural law, a special moral sense, and the like” (Beauchamp and Childress 1994, p. 100). For most of human history sexism and slavery were considered moral. They certainly were the norm. Thus, if one looks to common morality as the source of moral content, empirical claims of moral universalism appear suspect. Insofar as one would condemn sexism and slavery, one needs to find some theoretical justification for condemnation that goes beyond a consensus on moral content (hence my embrace of the structural analogue of human rights theory).Beauchamp, however, takes a very different view. He asserts in his critique of my position, that: “it is an institutional fact about the substance of morality (not merely [as Baker claims] the formal features of the concept of morality and not merely my view of it) that it contains fundamental and shared precepts. It is by appeal to this shared moral substance that persons are enabled to make justifiable cross-temporal and cross-cultural judgments” (Beauchamp 1998, p. 395). Beauchamp is thus claiming that it is both an empirical and a conceptual truth there is common core underlying the morality of all societies. He fleshes this claim out in another passage.[T]he term morality refers to norms about right and wrong human conduct that are so widely shared that they form a stable... communal consensus.... These standards sometimes vary from society to society, but embedded in the beliefs of all moral societies are the core dimensions of morality: Persons must keep their promises, must respect the rights of others, must not kill or cause harm to innocent persons, must not abuse children, and the like. All morally committed persons are comfortable with these norms and do not doubt their relevance and importance.(Beauchamp 1998, p. 394)Insofar as Beauchamp is making an empirical claim in this passage, the examples cited are problematic. “Promise keeping,” for example, cannot be a cultural universal because the practice is... (shrink)

For the last thirty years or so, there has been a search underway for a theory that can accommodate our intuitions in regard to moral duties to future generations. The object of this search has proved surprisingly elusive. The classical moral theories in the literature all have perplexing implications in this area. Classical Utilitarianism, for instance, implies that it could be better to expand a population even if everyone in the resulting population would be much worse off than in the (...) original. The main problem has been to find an adequate population theory, that is, a theory about the moral value of states of affairs where the number of people, the quality of their lives, and their identities may vary. Since, arguably, any reasonable moral theory has to take these aspects of possible states of affairs into account when determining the normative status of actions, the study of population theory is of general import for moral theory. A number of theories have been proposed in the literature that purport to avoid counterintuitive implications such as the one mentioned above. The suggestions are diverse: introducing novel ways of aggregating welfare into a measure of value, revising the notion of a life worth living, questioning the way we can compare and measure welfare, counting people’s welfare differently depending on the temporal location or the modal features of their lives, and challenging the logic of axiological and normative concepts. We investigate the concepts and assumptions involved in these theories as well as their implications for population theory. In our discussion, we propose a number of intuitively appealing and logically weak adequacy conditions for an acceptable population theory. Finally, we consider whether it is possible to find a theory that satisfies all of these conditions. We prove that no such theory exists. (shrink)

to appear in Lambert, E. and J. Schwenkler (eds.) Transformative Experience (OUP) -/- L. A. Paul (2014, 2015) argues that the possibility of epistemically transformative experiences poses serious and novel problems for the orthodox theory of rational choice, namely, expected utility theory — I call her argument the Utility Ignorance Objection. In a pair of earlier papers, I responded to Paul’s challenge (Pettigrew 2015, 2016), and a number of other philosophers have responded in similar ways (Dougherty, et al. 2015, Harman (...) 2015) — I call our argument the Fine-Graining Response. Paul has her own reply to this response, which we might call the Authenticity Reply. But Sarah Moss has recently offered an alternative reply to the Fine-Graining Response on Paul’s behalf (Moss 2017) — we’ll call it the No Knowledge Reply. This appeals to the knowledge norm of action, together with Moss’ novel and intriguing account of probabilistic knowledge. In this paper, I consider Moss’ reply and argue that it fails. I argue first that it fails as a reply made on Paul’s behalf, since it forces us to abandon many of the features of Paul’s challenge that make it distinctive and with which Paul herself is particularly concerned. Then I argue that it fails as a reply independent of its fidelity to Paul’s intentions. (shrink)

This paper defends a coherentist approach to moral epistemology. In “The Immorality of Eating Meat”, I offer a coherentist consistency argument to show that our own beliefs rationally commit us to the immorality of eating meat. Elsewhere, I use our own beliefs as premises to argue that we have positive duties to assist the poor and to argue that biomedical animal experimentation is wrong. The present paper explores whether this consistency-based coherentist approach of grounding particular moral judgments on beliefs we (...) already hold, with no appeal to moral theory, is a legitimate way of doing practical ethics. I argue that grounding particular moral judgments on our core moral convictions and other core nonmoral beliefs is a legitimate way to justify moral judgments, that these moral judgments possess as much epistemic justification and have as much claim to objectivity as moral judgments grounded on particular ethical theories, and that this internalistic coherentist method of grounding moral judgments is more likely to result in behavioral guidance than traditional theory-based approaches to practical ethics. By way of illustrating the approach, I briefly recapitulate my consistency-based argument for ethical vegetarianism. I then defend the coherentist approach implicit in the argument against a number of potentially fatal metatheoretical attacks. (shrink)

In this article, I look at the role of appeals to the emotions in criminal law defences. A position commonly held is that appeals to the emotions can excuse but cannot justify. However, we should be careful that this view does not rest on too simple and non-cognitive a view of the emotions. I contrast a simple picture, according to which action from emotion involves loss of rational control, with the more Aristotelian picture recently offered by RA Duff. I (...) then look at John Gardner’s theory of excuses, which seeks to avoid the non-cognitive account of action from emotion as loss of rational control, but nevertheless denies that reference to the emotions can even partially justify. I argue that what is at issue between Gardner and Duff is what Gardner calls the ‘no-difference’ thesis, namely that the reasons that count in favour of an emotion count also in favour of action done from that emotion. I conclude that Gardner has not yet explained why we should reject the no-difference thesis. (shrink)

Epistemologists often appeal to the idea that a normative theory must provide useful, usable, guidance to argue for one normative epistemology over another. I argue that this is a mistake. Guidance considerations have no role to play in theory choice in epistemology. I show how this has implications for debates about the possibility and scope of epistemic dilemmas, the legitimacy of idealisation in Bayesian epistemology, uniqueness versus permissivism, sharp versus mushy credences, and internalism versus externalism.

I do not for a moment question the fact that many people have experiences of a special type which may be termed “religious”, The extent to which religious experience may be regarded as a reasonably common phenomenon in present-day Britain is shown clearly by David Hay in his Exploring Inner Space, Harmondsworth 1982. that such experiences often involve reference to something which appears to display a radical unlikeness to all else and that they are therefore in some sense inexpressible. Doubtless (...) the ideas I have put forward about the possible source of such unlikeness and ineffability might suggest models of God which would not find much theological approval, at least within any mainstream theistic tradition, since some sort of pantheism seems inevitably to be implied. But however this might be, the concept of radical unlikeness as it has been analyzed here can, I think, help us towards understanding certain problematic areas in religion quite apart from the issue of intelligibility, which has been the focus of this discussion. To begin with, radical unlikeness suggests a way in which the historical continuity of concepts of the transcendent might be upheld against the discontinuity suggested by the diversity of interpretations through which they have moved. Ancient and modern outlooks on, say, God differ enormously, as indeed do the range of co-temporal accounts at many particular moments. But, by and large, theologians firmly maintain that it is a single and unchanging phenomenon which is being dealt with. Unless we can point to some common element which is both specific enough to create a binding sense of common tradition, yet never completely expressed by any attempt at understanding it within that tradition (thus persistently demanding new attempts to apprehend it), then given the widely differing views of God within, for example, the Christian community, it is difficult to see how we could assume that in fact they all stemmed from the same source and were talking about the same thing. The idea of radical unlikeness could provide an element with just these required characteristics: it could be seen as what all the accounts attempt to net, with varying degrees of adequacy, within their offered interpretations. It could be seen as what remains constant, constantly elusive yet constantly generative of fresh attempts to apprehend it, throughout a history of intra-religious diversity. This sort of explanation could, presumably, be applied to the intra-religious diversity of the non-Christian traditions too.Secondly, radical unlikeness might suggest a possible way of understanding inter-religious diversity in a way which allows that whilst such diversity exists, whilst the differences between religions are real, they are grounded in a similar root-experience. It may, at first sight, seem difficult to continue thinking of the various religious traditions as truly separate phenomena if they are taken as being grounded on experiences whose ineffability stems from the unlikeness of experiencing things as a whole. Here we must stress again that if they are to be considered intelligible, radically unlike experiences cannot be considered completely so - or putting this another way, we cannot more than approach experience of totality. Sense can be given to religious claims of ineffability by suggesting experience of near totality, where we reach the last point on the scale of inclusiveness which complies with the logical criteria demanded of something for it to be possible for us to be aware of it. We might thus attempt an explanation of inter-religious diversity based on the view that Hinduism, Buddhism, Christianity, Islam etc. acquire their differences from the different elements included in their experience of near totality. Taking totality to be represented by the scale of one to ten, Hinduism might be seen as grounded on experience of 1-2-3-4-5-6-7-9-10, Buddhism on experience of 1-3-4-5-6-7-8-9-10 and so on. The resulting dissimilarities are thus centred not on different types of experience, but on different areas of inclusiveness. This is, of course, to suppose that the various religious traditions are all based on the same degree (as opposed to the same elements) of inclusiveness, but it is by no means clear that such a supposition is justified. Continuing with our decimal analogy, might it not be suggested that whilst Christianity stemmed from experience of 2-3-4-5-6-7-8-9-10, Jainism was founded on a less extensive encounter with the divine (say 4-5-6-7-8-9-10)? It is, however, uncertain how we can compare and evaluate different religious traditions in such a way as to be able to comment on such claims. A definite danger of comparative religion is that by concentrating on establishing and exploring inter-religious likenesses, it may obscure the radical unlikeness of religious phenomena. It should be borne firmly in mind that such likenesses as may be established within comparative studies may not win religious phenomena a place within our understanding comparable to objects of more everyday concern. Statements found in the Old Testament, the Qur'an and the Vedas, for example, may, on occasion, be alike, but at the end of the day such things are often alike only, or chiefly, in so far as they display the same radical unlikeness in relation to the non-religious elements in our outlook.The analysis of radical unlikeness and ineffability which has been advanced might also suggest a way in which certain passages in religious writings could be understood, passages which at first sight can be seriously perplexing. If, for example, to return to the quotation given in the introductory section of this paper, we continue to think of accounts of the nature of Shiva as being attempts to describe some discrete, objective entity, then it is inevitable that either we will share the Puranic writer's puzzlement or that much of what we read about Shiva will appear as the muddled and extravagant thinking thrown up by an uncritical and over-fertile mythological imagination, consisting of little more than a hotch-potch of contradictory elements. But if we see such accounts as attempting to say something about everything, as symbols of near totality stemming from experiences which verge on the holistic, then what we read - with all its ambiguities - may become somewhat more meaningful. Thus W.D. O'Flaherty comments that Shiva “embodies all of life in all its detail at every minute” (Asceticism and Eroticism in the Mythology of Shiva, London 1973, p. 315). Similarly Alain Dani41ou sees Shiva, ultimately, in terms of his being "the supreme state of reality" beyond whom there is only "non-existence" (Hindu Polytheism, London 1964, p. 190).This analysis of ineffability and intelligibility seeks to introduce for debate a possible way of understanding the radical unlikeness which accounts of religious experience apparently attempt to speak about. It does not, however, claim to present an exhaustive treatment of the issues raised, on the contrary, I am conscious of many shortcomings and omissions. For instance, it remains to be seen under precisely what conditions something counts as being an elucidating likeness (presumably all experiences are, for example, temporal, yet temporality alone would not seem to offer a particularly elucidating comparison). Moreover, the degree to which appeal to likeness is allowed operation in actual accounts of religious experience needs to be explored. In addition, the notion of categorizing experiences according to the extent to which they approach a point of total inclusion requires careful clarification. To begin with, according to what criteria could we establish that one experience was more inclusive than another? However, such issues can only be mentioned here, any adequate consideration of them would require a separate paper.In conclusion, I would suggest that to use radical unlikeness and/or ineffability simply as devices by which to halt any process of investigation, proclaiming that the thing in question is not like anything and so is beyond all words, risks making unintelligible and placing beyond all further inquiry an important and extensive area of human experience. As William Alston put it, to label something ineffable in an unqualified way is to shirk the job of making explicit the ways in which it can be talked about. William P. Alston, “ineffability”, Philosophical Review 65 (1956), 522. It is surely more accurate to take ineffability as a “qualifier”I.T. Ramsey, Models and Mystery (Oxford 1964), p. 60. which “multiplies models without end”Ibid. than as an absolute which prevents the construction of any elucidating models. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 39.3 (2005) 115-120 [Access article in PDF] Commentary Seeing Cultural Conflicts Some years ago the great intellectual historian Isaiah Berlin made an important statement about what has become known as multiculturalism: We are urged to look upon life as affording a plurality of values, equally genuine, equally ultimate, above all equally objective; incapable, therefore, of being ordered in a timeless hierarchy, or judged in (...) terms of some one absolute standard.1He distinguishes such pluralism from relativism, which holds that different cultures (or individuals) have tastes or attitudes that are not objectively valid. Multiculturalism is, he thinks, an important position; relativism is not. Berlin describes what has now become a very familiar cliché. There are many diverse social systems. And since each has real value, we try to understand every other culture on its own terms.A great deal has been written recently about cultural conflicts. What can visual art show us about this subject, about relationships between radically opposed societies? Pre-modern civilizations were not usually tolerant of exotic cultures. Islam and Europe were often at war. "The menace of Islam was seen as something which threatened the souls as well as the bodies of Christian Europe."2 But although the Italians often fought with their Muslim neighbors, they did also import carpets to decorate the interiors of palaces and, in Venice, to adorn the facades of their homes.3 And many Venetian paintings depict these Islamic rugs. In Giovanni Mansueti's Miracles of the Bridge at San Lio (1494), now in the Accademia, Venice, or in Vittore Carpaccio's Meeting and Departure of the Betrothed (1490) showing the Episodes from the Life of St. Ursula, carpets are represented. In such pictures, the historian Paul Hills observes:... rich colours in soft textiles overlay the hardness of marble; and the eye of the Venetian painters and their public became attuned to fine degrees of hardness and softness, of fixity and pliancy, as when silken textiles move in a current of air but marbles stand fast. 4The Venetians were famous for incorporating alien artifacts, making them "their own without losing a sense of the exotic and the unfamiliar."5 And so it is unsurprising that painters freely inserted objects from another culture into works of art. The exotic decorative fabrics must surely have inspired the [End Page 115] Venetians. But because Islamic culture was foreign, Renaissance Europeans did not say much about the aesthetic qualities of these carpets.Representations of carpets are also found elsewhere in Italian art. The Siena Cathedral contains frescoes by Pinturicchio (1502-9) showing the life of Pius II, the fifteenth-century Pope. In the sixth scene, he enters Mantua to preside over the assembly called to mount an expedition against the Turks.6 (The venerable Christian capital Constantinople had just fallen to the Muslims.) On the table in the porch sheltering the Pope and his attendants, under some books, is a magnificent carpet. Even as these Christians plot, the room is decorated by art made by their enemies. Perhaps the carpet placed underfoot in this picture is treated as a trophy, like the flags of the defeated foes displayed in military museums. But often in other European paintings, Islamic rugs are depicted set on tables or hung from windows in ways that acknowledge their visual appeal.7Renaissance Italians seem to have had no concern with understanding Islamic carpets. Modern historians, by contrast, interested in the elaborate symbolism of these carpets, note that the rugs serve sacred functions.8 The Quran gives elaborate directions about how and when to pray. But it does not mention carpets. "Apart from mosque lamps the only other furnishing commonly found in mosques was some kind of floor covering," a historian explains.9 "The custom no doubt evolved from the religious requirement that all must enter the mosque unshod." Because carpets are used for prayer, both believers and Christians naturally associate them with religious observances. Non-Muslims also have long made use of these beautiful artifacts, sometimes cautiously—a fourteenth-century Spanish rabbi did say that a carpet depicting the Kaaba... (shrink)