This chapter contains sections titled: Pride and Prejudice People and Chickens Weighing Lives Animal Lives A Painful Question People and People Choosing Equality.

Compromise arises in contexts where irreconcilable claims must nonetheless somehow be resolved. Ordinary people in everyday life, politicians and artists, doctors engaging in research, humanitarian workers providing aid in the midst of war – all of them will have faced situations where compromise appeared to be the only reasonable option, and yet will have felt that there was nevertheless something deeply wrong with it. The aim of this paper is to help make sense of that sentiment. The focus of this (...) paper will be on some aspects of the morality of compromise. Its lynchpin will be to construe compromise as a joint action, in particular, a joint wrongdoing – taking part in, and sharing responsibility for, the doing of things that are wrong from the point of view of those who are the parties to the compromise. The question of ‘what is wrong with compromise?’ is thus recast as a question of ‘what is my part in the wrongs being done as part of the compromise?’ It is tempting to suppose that a compromise serves to dilute personal responsibility, parsing it out among parties to the compromise. Viewing a compromise as a joint action, in contrast, will help us to see how a compromise actually increases responsibility among parties to it. They are now jointly collaborating in some action that each of them sees as wrong, at least in part (albeit in differing parts). Discussions of compromise traditionally prioritize the inter-personal aspect – compromise, in the transitive form of ‘compromising with’ someone. But I argue that the intransitive form – ‘compromise of’ – deserves pride of place. The reason for prioritizing the intransitive ‘compromise of’ is simple: that is what is involved in the intra-personal calculation that must, of necessity, go on inside one's own head in the process of deciding whether or not to agree to a 'compromise with' someone else. In this paper I shall concentrate specifically on compromises of principles, or (more precisely) on ‘matters of principled concern to the compromising parties’. Not only is that the most troubling and morally problematic sort of compromise, it is also logically the most central case. I demonstrate that that is so by shifting the focus from inter-personal compromise to the more fundamental intra-personal process underlying it – the compromise we are involved in when adjudicating among our own conflicting values, to decide whether or not to agree to a compromise of the inter-personal sort. This is the subject of the first section of the paper below. Compromise involves resolving conflicts of principles through mutual concessions that are accepted and undertaken by all parties. Doing so may be on-balance desirable, not only from some larger perspective (of social peace, or whatever) but also from each party's own perspective. Nevertheless, from each party's perspective, compromise necessarily involves interacting with, and sometimes contributing to, wrongdoing. Morally, something is lost, even if more is gained on balance. (shrink)

If what we want from moral inquiry were the obtainment of objective moral truths, as moral realism claims it is, then there would be nothing morally unsatisfactory or lacking in a situation, in which we somehow had access to all moral truths, and were fundamentally finished with morality. In fact, that seems to be the realists’ conception of moral heaven. In this essay, however, I argue that some sort of moral wakefulness – (...) that is, always paying attention to the subtleties of life and people, and never taking for granted what their moral significance can possibly be – is an essential moral value, and, therefore, moral realism, which promotes a moral ideal that allows such moral lethargy and inattentiveness is morally objectionable. (shrink)

In this book, I will discuss three main topics: the roots and aims of scientific knowledge, scientific knowledge in society, and science and values I understand scientific knowledge as being a planned and continuous production of the general and common knowledge of scientific communities. I begin my discussion with a brief analysis of the main differences between sciences, on the one hand, and everyday experience, philosophies, religions, and ideologies, on the other. I define the concept of science as a set (...) of family resemblances (in Wittgenstein's sense). The sciences can be distinguished along three lines, in terms of the difference between empirical and non-empirical sciences, differences in degrees of theoretical and methodological structure among individual sciences and scientific disciplines. Scientific knowledge is based upon some grounds, paradigmatic knowledge bases. Scientific knowledge is founded on a unified paradigmatic knowledge base. The latter includes fundamental theories, basic facts, generally accepted empirical regularities (laws), scientific research methods, scientific explanations, and established relations to other sciences. Scientific knowledge in general is defined well in classical terms by the definition that knowledge is a true and rationally-justified belief. In this connection, scientific truth is relative, depending on the given paradigmatic knowledge base and on the precision and accessibility of the measurements and observations involved. In the book's first part, I consider the production and testing of scientific hypotheses, scientific explanations, the structure of scientific theories, and the problem of scientific realism. I consider explanation an integral part of a wider nexus of heuristic and theoretical activities in science like giving reasons, understanding, clarification, and founding. Continuous production of scientific explanations is a necessary condition for the systematic reproduction of scientific knowledge. Accordingly, it does not suffice to describe them in terms of the logical structure of the arguments on which they are based, but rather, scientific explanations ought to be given complete with an epistemic and pragmatic context of the explanation. I consider especially deductive-nomological, inductive-statistical, dispositional, teleological-functional, and genetic explanations. I emphasize the ever-increasing importance of explanations by analogy and by model. Orthogonal to these distinctions lies the distinction between causal and epistemic explanation. Epistemic explanations relate scientific discoveries to epistemic progress, and causal explanations are these epistemic explanations that relate scientific discoveries to reality too. Causal explanations inform us that certain changes occur in the world as agents of other changes, or rather, that certain changes are real consequences of other changes. Thus, by having explanations of causes, we can intervene in the world to induce by design certain changes in some course of phenomena. I consider scientific theories as logically and epistemically ordered wholeness of scientific knowledge in a realm of research that enables us to construct useful models of reality. After the discussion of different 'statement' views on theories and different interpretations of the theory-experience relation, I introduce the 'model' theoretical (non-statement) views on theories, especially the structural theory of science. The model views on theories transcend the realism-antirealism dualism by introducing models between theory and reality. Therefore, the question of scientific realism is not merely whether and, if so, which element(s), of scientific theories represent reality, but rather which conditions suffice to infer from a theory that one of its models truly expresses reality. In other words, under which conditions do models of a theory represent models of reality? Generally, models are just as much images of reality in a theory as they are images of a theory in reality. The actual problem of scientific realism doesn't originate in the observable-unobservable distinction (even if this distinction is otherwise theoretically loaded), but rather in ontological quandaries, of the sort especially encountered in modern physical theories such as quantum mechanics, relativity theory, and cosmological theories, although they are known to arise in other sciences as well. Scientific theories may be real, even if they describe nothing about the world. However, such theories can be given this status only if their formal, mathematical postulates exhibit some formal homology between reality and mathematical forms. The very fact that it is possible to describe reality with the help of mathematics even in cases, where every (representational, conceptual) language and thought fall short, would indicate that even mathematics itself is, in some sense, a part of reality, although 'outside' of the empirical world. It follows we have to distinguish the non-empirical reality and the empirical world. Formal objectivity and non-arbitrariness of theories do not emerge from either our language or thoughts, or from the world of facts, causes, and effects, but rather from non-empirical reality, which frames the world as some kind of objective transcendental condition for the possibility of the existence of the world, thoughts, and language. In the second part of the book, I consider the incorporation of scientific work and scientific knowledge into modern society and its relations to values and ethics. Production of scientific knowledge goes on as a parallel distributed process of a special kind of social (shared) cognition. The central part of this cognition is the presentation of parts of the world by scientific (theoretical) models which are warranted by the shared and public practice of justification, and in reflective acting in the world as it would. I consider various formal concepts of collective propositional knowledge (distributed, mutual, common knowledge). Scientific knowledge is an achievement to be ascribed to a scientific community or, indirectly, to all those who apply or expand it, rather than to individuals per se. It presents the continuous and partially planned production of non-trivial common knowledge of the research communities in modern societies. However, besides common knowledge, shared dispositional knowledge (knowledge how of scientific teams) and shared knowledge by acquiring (knowledge of fundamental similarities and differences in scientific teams) are parts of the real body of scientific knowledge. Scientific common knowledge implies the projection into idealized universal knowledge of all real or potentially rational and well-informed individuals. The respect of scientific knowledge thus presents the norm of rationality. Science as the intensively shared and socially distributed kind of cognition enters into modern society as a special kind of work (general work), as a productive force (social invention drive), and as a form of capital (human, social, cultural, informational, etc.). However any of these categories can adequately represent the socio-economical role of science in modern societies, and we are still waiting for a more adequate general concept that would theoretically cover the 'scientification' of modern societies. My thesis is that the most important general effect of scientification is (and will be) the growth of social processes that structurally resemble parallel distributed shared social cognition of science, and not so much the rise of the use of scientific knowledge and scientifically based information in all kinds of production. Scientification of modern societies inevitably includes a much stronger need for moral and social responsibility of scientists for their work and its effects in their local society and the global world. This need comes in contradiction with the quite large accepted idea (and even the 'norm') on value-free research. I discuss to some degree different arguments for the absence of non-epistemic values and ethical reasoning from science and find them non-convincing. The sound idea of value-free research lies in the need for the absence of categorical value statements from scientific explanations and theoretical deductions. Values and ethical judgment have, and sometimes they even have to play an important role in another part of research and its application in science or outside it. Not the value-loudness of research is a danger for science but its blind, non-reflective use. It leads to the ideologization and politicization of science. A similar danger lies in the purely value-neutrality of research. It leads to the instrumentalization of science to the technical or bureaucratic means for 'any' aims. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of (...) equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

In their recent paper, Kurt Gray and Daniel Wegner offer a model of moral cognition, the “Moral Typecasting” thesis, in which they claim that perceptions of moral agency are inversely related to perceptions of moral patiency. Once we see someone as a moral agent, they claim, we cannot see them as a moral patient (and vice versa). In this paper, I want both to challenge the conception of morality on which the typecasting thesis is (...) fundamentally based and to raise some concerns with the data offered in favor of moral typecasting. I first argue that the dyadic definition of morality is far too narrow to fully capture either all of morality or all of moral psychology. Further, even setting aside the problems with the dyadic notion of morality, I argue that the experimental data Gray and Wegner appeal to fail to demonstrate the sort of mutual exclusivity of and causal interaction between moral perceptions that the moral typecasting thesis proposes. Rather, I suggest, the perceptual differences that do show up in the cited studies arguably arise not from a psychological tendency towards moral typecasting, but from confounding features of the characters in the stimuli. (shrink)

continent. 2.2 (2012): 66–75 ~*~ We’re Doomed. Pessimism is the night-side of thought, a melodrama of the futility of the brain, a poetry written in the graveyard of philosophy. Pessimism is a lyrical failure of philosophical thinking, each attempt at clear and coherent thought, sullen and submerged in the hidden joy of its own futility. The closest pessimism comes to philosophical argument is the droll and laconic “We’ll never make it,” or simply: “We’re doomed.” Every effort doomed to failure, every (...) project doomed to incompletion, every life doomed to be unlived, every thought doomed to be unthought. Pessimism is the lowest form of philosophy, frequently disparaged and dismissed, merely the symptom of a bad attitude. No one ever needs pessimism, in the way that one needs optimism to inspire one to great heights and to pick oneself up, in the way one needs constructive criticism, advice and feedback, inspirational books or a pat on the back. No one needs pessimism, though I like to imagine the idea of a pessimist activism. No one needs pessimism, and yet everyone—without exception—has, at some point in their lives, had to confront pessimism, if not as a philosophy then as a grievance—against one’s self or others, against one’s surroundings or one’s life, against the state of things or the world in general. There is little redemption for pessimism, and no consolation prize. Ultimately, pessimism is weary of everything and of itself. Pessimism is the philosophical form of disenchantment—disenchantment as chanting, a chant, a mantra, a solitary, monophonic voice rendered insignificant by the intimate immensity surrounding it. In pessimism, the first axiom is a long, low, funereal sigh. ~*~ We’re Still Doomed. No one has time for pessimism. After all, there are only so many hours in a day. Whatever our temperament, happy or sad, engaged or disengaged, we know pessimism when we hear it. The pessimist is usually understood as the complainer, forever pointing out what is wrong with the world without ever once offering a solution. But more often than not pessimists are the quietest of philosophers, submerging their own sighs within the lethargy of discontent. What little sound it makes is of interest to no one—“I’ve heard it all before,” “tell me something I don’t know,” sound and fury, signifying nothing. In raising problems without solutions, in posing questions without answers, in retreating to the hermetic, cavernous abode of complaint, pessimism is guilty of that most inexcusable of Occidental crimes—the crime of not pretending it’s for real. Pessimism fails to live up to the most basic tenet of philosophy—the “as if.” Think as if it will be helpful, act as if it will make a difference, speak as if there is something to say, live as if you are not, in fact, being lived by some murmuring non-entity both shadowy and muddied. Had it more self-assurance and better social skills, pessimism would turn its disenchantment into a religion, possibly calling itself The Great Refusal. But there is a negation in pessimism that refuses even such a Refusal, an awareness that, from the start, it has already failed, and that the culmination of all that is, is that all is for naught. Pessimism tries very hard to present itself in the low, sustained tones of a Requiem Mass, or the tectonic rumbling of Tibetan chant. But it frequently lets loose dissonant notes at once plaintive and pathetic. Often, its voice cracks, its weighty words abruptly reduced to mere shards of guttural sound. ~*~ Maybe It’s Not So Bad, After All. If we know pessimism when we hear it, this is because we’ve heard it all before—and we didn’t need to hear it in the first place. Life is hard enough. What you need is a change of attitude, a new outlook, a shift in perspective... a cup of coffee. If we have no ears for pessimism, this is because it is always reducible to something as reliably mutable as a voice. If pessimism is so frequently disparaged, it is because it brings everyone down, determined as it is to view each day as a bad day, if only by virtue of the fact that it is not yet a bad day. For pessimism the world is brimming with negative possibility, the collision of a bad mood with an impassive world. In fact, pessimism is the result of a confusion between the world and a statement about the world, a confusion that also prevents it from fully entering the hallowed halls of philosophy. If pessimism is so often dismissed, this is because it is often impossible to separate a “bad mood” from a philosophical proposition (and do not all philosophies stem from a bad mood?) The very term “pessimism” suggests a school of thought, a movement, even a community. But pessimism always has a membership of one—maybe two. Ideally, of course, it would have a membership of none, with only a scribbled, illegible note left behind by someone long forgotten. But this seems unrealistic, though one can always hope. ~*~ Anatomy of Pessimism. Though it may locate itself at the margins of philosophy, pessimism is as much subject to philosophical analysis as any other form of thought. Pessimism’s lyricism of failure gives it the structure of music. What time is to the music of sorrow, reason is to a philosophy of the worst. Pessimism’s two major keys are moral and metaphysical pessimism, its subjective and objective poles, an attitude towards the world and a claim about the world. For moral pessimism, it is better not to have been born at all; for metaphysical pessimism, this is the worst of all possible worlds. For moral pessimism the problem is the solipsism of human beings, the world made in our own image, a world-for-us. For metaphysical pessimism, the problem is the solipsism of the world, objected and projected as a world-in-itself. Both moral and metaphysical pessimism are compromised philosophically; moral pessimism by its failure to locate the human within a larger context, and metaphysical pessimism by its failure to recognize the complicity in the very claim of realism. This is how pessimism makes its music of the worst, a generalized misanthropy without the anthropos . Pessimism crystallizes around this futility—it is its amor fati , rendered as musical form. ~*~ Melancholy of Anatomy. There is a logic of pessimism that is fundamental to its suspicion of philosophical system. Pessimism involves a statement about a condition . In pessimism each statement boils down to an affirmation or a negation, just as any condition boils down to the best or the worst. With Schopenhauer, that arch-pessimist, the thinker for whom the philosopher and the curmudgeon perfectly overlap, we see a no-saying to the worst, a no-saying that secretly covets a yes-saying (through asceticism, mysticism, quietism), even if this hidden yes-saying is a horizon at the limits of comprehension. With Nietzsche comes the pronouncement of a Dionysian pessimism, a pessimism of strength or joy, a yes-saying to the worst, a yes-saying to this world as it is. And with Cioran yet another variation, futile yet lyrical, a no-saying to the worst, and a further no-saying to the possibility of any other world, in here or out there. With Cioran one approaches, but never reaches, an absolute no-saying, a studied abandonment of pessimism itself. The logic of pessimism moves through three refusals: a no-saying to the worst (refusal of the world-for-us, or Schopenhauer’s tears); a yes-saying to the worst (refusal of the world-in-itself, or Nietzsche’s laughter); and a no-saying to the for-us and the in-itself (a double refusal, or Cioran’s sleep). Crying, laughing, sleeping—what other responses are adequate to a life that is so indifferent? ~*~ Cosmic Pessimism. Both moral and metaphysical pessimism point to another kind, a pessimism that is neither subjective nor objective, neither for-us nor in-itself, and instead a pessimism of the world-without-us. We could call this a cosmic pessimism ... but this sounds too majestic, too full of wonder, too much the bitter aftertaste of the Great Beyond. Words falter. And so do ideas. And so we have a cosmic pessimism, a pessimism that is first and last a pessimism about cosmos , about the necessity and possibility of order. The contours of cosmic pessimism are a drastic scaling-up or scaling-down of the human point of view, the unhuman orientation of deep space and deep time, and all of this shadowed by an impasse, a primordial insignificance, the impossibility of ever adequately accounting for one’s relationship to thought—all that remains of pessimism is the desiderata of affects—agonistic, impassive, defiant, reclusive, filled with sorrow and flailing at that architectonic chess match called philosophy, a flailing that pessimism tries to raise to the level of an art form (though what usually results is slapstick). ~*~ Song of Futility. An ethics of futility pervades pessimism. Futility, however, is different from fatality, and different again from simple failure (though failure is never simple). Failure is a breakage within the heart of relations, a fissure between cause and effect, a fissure hastily covered over by trying and trying again. With failure, there is always plenty of blame to go around; it’s not my fault, it’s a technical difficulty, it’s a miscommunication. For the pessimist, failure is a question of “when,” not “if”—failure as a metaphysical principle. Everything withers and passes into an obscurity blacker than night, everything from the melodramatic decline of a person’s life to the banal flickering moments that constitute each day. Everything that is done undone, everything said or known destined for a kind of stellar oblivion. When scaled up in this way, failure becomes fatality. Fatality is the hermeticism of cause and effect. In fatality, everything you do, whatever you do, always leads to a certain end, and ultimately to the end—though that end, or the means to that end, remain shrouded in obscurity. Nothing you do makes a difference because everything you do makes a difference. Hence the effects of your actions are hidden from you, even as you deceive yourself into thinking that, at last, this time you will outwit the order of things. By having a goal, planning ahead, and thinking things through carefully, we attempt, in a daily Prometheanism, to turn fatality to our advantage, to gain a glimpse of an order that seems buried deeper and deeper in the fabric of the universe. But even fatality has its comforts. The chain of cause and effect may be hidden from us, but that’s just because disorder is the order we don’t yet see; it’s just complex, distributed, and requires advanced mathematics. Fatality still clings to the sufficiency of everything that exists... When fatality relinquishes even this idea, it becomes futility. Futility arises out of the grim suspicion that, behind the shroud of causality we drape over the world, there is only the indifference of what exists or doesn’t exist; whatever you do ultimately leads to no end, an irrevocable chasm between thought and world. Futility transforms the act of thinking into a zero-sum game. ~*~ Song of the Worst. At the center of pessimism lies the term pessimus , “the worst,” a term as relative as it is absolute. The worst is about as bad as it gets, “the worst” as “the best” in disguise, shrouded by the passage of time or the twists and turns of fortune. For the pessimist, “the worst” is the propensity for suffering that gradually occludes each living moment, until it eclipses it entirely, overlapping perfectly in death... which, for the pessimist, is no longer “the worst.” Pessimism is marked by an unwillingness to move beyond “the worst,” something only partially attributable to a lack in motivation. In pessimism “the worst” is the ground that gives way beneath every existent—things could be worse, and , things could be better. “The worst” invariably implies a value judgment, one made based on scant evidence and little experience; in this way, pessimism’s greatest nemesis is its moral orientation. Pessimism’s propositions have all the gravitas of a bad joke. Perhaps this is why the true optimists are the most severe pessimists—they are optimists that have run out of options. They are almost ecstatically inundated by the worst. Such an optimism is the only possible outcome of a prolonged period of suffering, physical or metaphysical, intellectual or spiritual. But does this not also describe all the trials and tribulations of each day—in short, of “life?” It seems that sooner or later we are all doomed to become optimists of this sort (the most depressing of thoughts...) ~*~ Song of Doom. Rather than serving as a cause for despair, gloom and doom are the forms of consolation for any pessimist philosophy. Neither quite affects nor quite concepts, gloom and doom transform pessimism into a mortification of philosophy. Doom is not just the sense that all things will turn out badly, but that all things inevitably come to an end, irrespective of whether or not they really do come to an end. What emerges from doom is a sense of the unhuman as an attractor, a horizon towards which the human is fatally drawn. Doom is humanity given over to unhumanity in an act of crystalline self-abnegation. Gloom is not simply the anxiety that precedes doom. Gloom is literally atmospheric, climate as much as impression, and if people are also gloomy, this is simply the by-product of an anodyne atmosphere that only incidentally involves human beings. Gloom is more climatological than psychological, the stuff of dim, hazy, overcast skies, of ruins and overgrown tombs, of a misty, lethargic fog that moves with the same languorousness as our own crouched and sullen listening to a disinterested world. In a sense, gloom is the counterpoint to doom—what futility is to the former, fatality is to the latter. Doom is marked by temporality—all things precariously drawn to their end—whereas gloom is the austerity of stillness, all things sad, static, and suspended, a meandering smoke hovering over cold lichen stones and damp fir trees. If doom is the terror of temporality and death, then gloom is the horror of a hovering stasis that is life. At times I like to imagine that this realization alone is the thread that connects the charnel ground Aghori and the graveyard poets. ~*~ Song of Spite. There is an intolerance in pessimism that knows no bounds. In pessimism spite begins by fixing on a particular object of spite—someone one hardly knows, or someone one knows too well; a spite for this person or a spite for all of humanity; a spectacular or a banal spite; a spite for a noisy neighbor, a yapping dog, a battalion of strollers, the meandering idiot walking in front of you on their smart phone, large loud celebrations, traumatic injustices anywhere in the world regurgitated as media blitz, spite for the self-absorbed and overly performative people talking way too loud at the table next to you, technical difficulties and troubleshooting, the reduction of everything to branding, spite of the refusal to admit one’s own errors, of self-help books, of people who know absolutely everything and make sure to tell you, of all people, all living beings, all things, the world, the spiteful planet, the inanity of existence... Spite is the motor of pessimism because it is so egalitarian, so expansive, it runs amok, stumbling across intuitions that can only half-heartedly be called philosophical. Spite lacks the confidence and the clarity of hatred, but it also lacks the almost cordial judgment of dislike. For the pessimist, the smallest detail can be an indication of a metaphysical futility so vast and funereal that it eclipses pessimism itself—a spite that pessimism carefully places beyond the horizon of intelligibility, like the experience of dusk, or like the phrase, “it is raining jewels and daggers.” ~*~ Song of Sleep. A paraphrase of Schopenhauer: what death is for the organism, sleep is for the individual. Pessimists sleep not because they are depressed, but because for them sleep is a form of ascetic practice. Sleep is the askesis of pessimism. If, while sleeping, we have a bad dream, we abruptly wake up, and suddenly the horrors of the night vanish. There is no reason to think that the same does not happen with the bad dream we call “life.” ~*~ Song of Sorrow. Nietzsche, commenting on pessimism, once castigated Schopenhauer for taking things too lightly. He writes: ...Schopenhauer, though a pessimist, really —played the flute. Every day, after dinner: one should read his biography on that. And incidentally: a pessimist, one who denies God and the world but comes to a stop before morality—who affirms morality and plays the flute... what? Is that really—a pessimist? We know that Schopenhauer did possess a collection of instruments, and we also know that Nietzsche himself composed music. There is no reason to think that either of them would ever banish music from the Republic of philosophy. But Nietzsche’s jibes at Schopenhauer are as much about music as they are about pessimism. For the pessimist who says no to everything and yet finds comfort in music, the no-saying of pessimism can only be a weak way of saying yes—the weightiest statement undercut by the flightiest of replies. The least that Schopenhauer could’ve done is to play the bass. I’m not a big fan of the flute, or, for that matter, wind instruments generally. But what Nietzsche forgets is the role that the flute has historically played in Greek tragedy. In tragedy, the flute ( aulos ) is not an instrument of levity and joy, but of solitude and sorrow. The Greek aulos not only expresses the grief of tragic loss, but it does so in a way that renders weeping and singing inseparable from each other. The classicist Nicole Loraux calls this the mourning voice . Set apart from the more official civic rituals of funerary mourning, the mourning voice of Greek tragedy constantly threatens to dissolve song into wailing, music into moaning, and the voice into a primordial, disarticulate anti-music. The mourning voice delineates all the forms of suffering—tears, weeping, sobbing, wailing, moaning, and the convulsions of thought reduced to an elemental unintelligibility. In the collapsed space between the voice that speaks and the voice that sings, pessimism discovers its mourning voice. Pessimism: the failure of sound and sense, the disarticulation of phone and logos . Have we rescued Schopenhauer from Nietzsche? Probably not. Perhaps Schopenhauer played the flute to remind himself of the real function of the mourning voice—sorrow, sighs, and moaning rendered indistinguishable from music, the crumbling of the human into the unhuman. Failure par excellence of pessimism. ~*~ Song of Nothing. In Buddhist thought, the First Noble Truth of existence is encapsulated in the Pali term dukkha , conventionally translated as “suffering,” “sorrow,” or “misery.” The Buddhist teachings are clear, however, that this is an objective claim, and not simply one point of view among others. Existence is suffering and sorrow—and yet this is not, the teachings tell us, a pessimistic attitude. It is likely that Schopenhauer, reading the Buddhist texts available to him, recognized some filiation with the concept of dukkha . But dukkha is a multi-faceted term. There is, certainly, dukkha in the usual sense of the suffering, strife, and loss associated with living a life. But this is, in turn, dependent on the finitude and temporality of dukkha , existence as determined by impermanence and imperfection. And this ultimately points to the way in which both suffering and finitude are grounded by the paradoxical groundlessness of dukkha as a metaphysical principle—the insubstantiality and the emptiness of all that is. Beyond what is worse to me, beyond a world ordered for the worst, there is the emptiness of dukkha as an impersonal suffering... the tears of the cosmos. In this context, it is easy to see how Schopenhauer’s pessimism attempts to compress all the aspects of dukkha into a nothingness at the core of existence, a Willlessness coursing through the Will. Though one thing for certain is that with Schopenhauer we do not find the “ever-smiling” countenance of Buddhism—or do we? The texts of the Pali Canon also contain lists of the different types of happiness—including the happiness of renunciation and the strange happiness of detachment. But Buddhism considers even the different types of happiness as part of dukkha , in this final sense of nothingness or emptiness. Perhaps Schopenhauer understood Buddhism better than he is usually given credit for. Thus the experiment of Schopenhauer’s philosophy—the point at which a Western pessimus and an Eastern dukkha overlap or exchange glances. Empty sorrow, a lyricism of indifference. The result is a strange, and ultimately untenable, nocturnal form of Buddhism. ~*~ Cioran once called music a “physics of tears.” If this is true, then perhaps metaphysics is its commentary. Or its apology. ~*~ Pessimism would be more mystical were it not for its defeatism. Mysticism is much too proactive for the pessimist, and pessimism too impassive even for the mystic. At the same time, there is something enviable about mysticism—despite its sufferings. There is a sense in which pessimists are really failed mystics. ~*~ You, the Night, and the Music. In a suggestive passage, Schopenhauer once noted that, “music is the melody to which the world is the text." Given Schopenhauer’s view on life—that life is suffering, that human life is absurd, that the nothingness before my birth is equal to the nothingness after my death—given all this, one wonders what kind of music Schopenhauer had in mind when he described music as the melody to which the world is text—was it opera, a Requiem Mass, a madrigal, or perhaps a drinking song? Or something like Eine kleine Nachtmusik , a little night music for the twilight of thought, a sullen nocturne for the night-side of logic, an era of sad wings sung by a solitary banshee. Perhaps the music Schopenhauer had in mind is music eliminated to non-music. A whisper would suffice. Perhaps a sigh of fatigue or resignation, perhaps a moan of despair or sorrow. Perhaps a sound just articulate enough that it could be heard to dissipate. ~*~ Teach me to laugh through tears. ~*~ Pessimism always falls short of being philosophical. My back aches, my knees hurt, I couldn’t sleep last night, I’m stressed-out, and I think I’m finally coming down with something. Pessimism abjures all pretenses towards system—towards the purity of analysis and the dignity of critique. We didn’t really think we could figure it out, did we? It was just passing time, taking a piss, something to do, a bold gesture put forth in all its fragility, according to rules that we have agreed to forget that we made up in the first place. Every thought marked by a shadowy incomprehension that precedes it, and a futility that undermines it. That pessimism speaks, in whatever voice, is the singing testimony to this futility and this incomprehension—take a chance and step outside, lose some sleep and say you tried... ~*~ Is there a music of pessimism? And would such a music be audible? ~*~ The impact of music on a person compels them to put their experience into words. When this fails, the result is a faltering of thought and language that is itself a kind of music. Cioran writes: “Music is everything. God himself is nothing more than an acoustic hallucination.” ~*~ If a thinker like Schopenhauer has any redeeming qualities, it is that he identified the great lie of Western culture—the preference for existence over non-existence. As he notes: “If we knocked on the graves and asked the dead whether they would like to rise again, they would shake their heads.” In Western cultures it is commonly accepted that one celebrates birth and mourns death. But there must be a mistake here. Wouldn’t it make more sense to mourn birth and celebrate death? Strange though, because the mourning of birth would, presumably, last the entirety of that person’s life, so that mourning and living would the be same thing. ~*~ To the musical idea of the harmony of the universe corresponds the philosophical principle of sufficient reason. Like the music of mourning, pessimism gives voice to the inevitable breakdown of word and song. In this way, music is the overtone of thought. ~*~ The Patron Saints of Pessimism. The patron saints of pessimism watch over suffering. Laconic and sullen, the patron saints of pessimism never seem to do a good job at protecting, interceding, or advocating for those who suffer. Perhaps they need us more than we need them. Lest we forget, there do exist patron saints of philosophy, but their stories are not happy ones. There is, for instance, the fourth century Saint Catherine of Alexandria, or Catherine of the Wheel, named after the torture device used on her. A precocious fourteen year old scholar, Catherine was subject to continual persecution. After all forms of torture failed—including the “breaking wheel”—the emperor finally settled for her decapitation, a violent yet appropriate reminder of the protector of philosophers. There are also patron saints of music and musicians, but theirs too are sad stories. In the second century, Saint Cecilia was also subject to persecution and torture. As she knelt to receive the blade that would separate her head from her body, she ardently sang a song to God. It took three attempts before she was fully decapitated, all the while she continued, perhaps miraculously, to sing. Does pessimism not deserve its own patron saints, even if they are unworthy of martyrdom? But in our search, even the most ardent nay-sayers frequently lapse into brief moments of enthusiasm—Pascal’s love of solitude, Leopardi’s love of poetry, Schopenhauer’s love of music, Nietzsche’s love of Schopenhauer, and so on. Should one then focus on individual works of pessimism? We could include Kierkegaard’s trilogy of horror— Sickness Unto Death , The Concept of Dread , and Fear and Trembling —but all these are undermined by their fabricated and unreliable authors. Besides, how can one separate the pessimist from the optimist in works like Unamuno’s The Tragic Sense of Life , Shestov’s Postetas Clavium , or Edgar Saltus’ under-read The Philosophy of Disenchantment ? Even in cases where the entire corpus of an author is pessimistic, the project always seems incomplete—witness Cioran’s trajectory, from his first book, On the Heights of Despair , to the last unpublished notebooks of acrid and taut aphorisms. And this is to say nothing of literary pessimism, from Goethe’s sorrowful Werther, to Dostoevsky’s underground man, to Pessoa’s disquiet scribbler; Baudelaire’s spleen and ennui, the mystical Satanism of Huysmans and Strindberg, the hauntologies of Mário de Sá-Carniero, Izumi Kyoka, H.P. Lovecraft, grumpy old Beckett... even the great pessimist comedians. All that remains are singular, perhaps anomalous statements of pessimism, a litany of quotes and citations crammed into fortune cookies. Patron saints are traditionally named after a locale, either a place of birth or of a mystical experience. Perhaps the better approach is to focus on the places where pessimists were forced to live out their pessimism—Schopenhauer facing an empty Berlin lecture hall, Nietzsche mute and convalescent at the home of his sister, Wittgenstein the relinquished professor and solitary gardener, Cioran grappling with Alzheimer’s in his tiny writing alcove in the Latin Quarter. ~*~ There’s a ghost that grows inside of me, damaged in the making, and there’s a hunt sprung from necessity, elliptical and drowned. Where the moving quiet of our insomnia offers up each thought, there’s a luminous field of grey inertia, and obsidian dreams burnt all the way down. ~*~ If pessimism has any pedagogical value, it is that the failure of pessimism as a philosophy is inextricably tied to the failure of pessimism as voice. I read the following, from Shestov’s The Apotheosis of Groundlessness : When a person is young he writes because it seems to him he has discovered a new almighty truth which he must make haste to impart to forlorn humankind. Later, becoming more modest, he begins to doubt his truths: and then he tries to convince himself. A few more years go by, and he knows he was mistaken all round, so there is no need to convince himself. Nevertheless he continues to write, because he is not fit for any other work, and to be accounted a superfluous person is so horrible. (shrink)

The article discusses the criteria for authentic humanity within the moral paradigm of Russian philosophy. In Russian philosophy, the disciplines of ethics and anthropology are intertwined, as the question of human nature is primarily addressed from a moral perspective. The article primarily focuses on the interplay between faith and conscience, a topic that is approached and resolved differently within the context of Russian philosophy compared to Western European philosophy. For instance, the concept of “elimination of the ethical,” a (...) fundamental aspect of S. Kierkegaard’s existential philosophy, is discussed. The transcendence of ethical rationalism through a leap of faith, exemplified by Abraham’s act, forms the essence of authentic Christian ethics. It explores how faith is challenged by ethics, which requires not blind faith, but rational behavior in accordance with the widely accepted norms of social morality. The article highlights the conflict between existential faith and social ethics as the primary contradiction identified by S. Kierkegaard. The author revisits the ideas of F.M. Dostoevsky, N.A. Berdyaev, and others to illustrate that within the context of Russian philosophy, the critical situation is less about the anticipation of death and more about the moral anguish of conscience arising from the evil and falsehood prevalent in the world, a sentiment shared by diverse individuals like V.S. Solovyov and V.M. Shukshin. This perspective significantly redefines the concept of the existential in Russian philosophy, equating it with profound moral reflection. In discussing philosophical and anthropological issues under the “post-human threat,” the author introduces the concept of “conscientious faith.” This concept, serving as a fundamental anthropological unit, posits that it is the conscience, with its appeal to personal moral responsibility, that reveals the moral essence of an individual, thereby establishing human uniqueness. (shrink)

of (from British Columbia Philosophy Graduate Conference) In moral reasoning, we sometimes encounter situations where what our ethical principles tell us to do and what we actually do conflict. In legal ethics, such anomalies arise for lawyers in defending a client who commits perjury. Wallace argues that such lawyers have not mastered the practice of truth-telling, and thus suffer from some sort of moral deficiency. However, due to the complexities of legal practice, particularly the value of truth (...) and evidence, lawyers must learn to accommodate cases of perjury into their moral taxonomies, and this is not a simple feat. In addition, I examine the ethics of lying in everyday life, such as in cases of protecting reputation or feelings. As such, I posit that Wallace is oversimplifying the situation and individuals in “perjured client” cases actually have a better and more realistic grasp on the exercise of practical ethics than he claims. (shrink)

The new dilemmas and responsibilities which arise in bioethics both because of the unprecedented pace of scientific development and of growing moral pluralism are more and more difficult to grapple with. At the ‘global’ level, the call for the universal nature at least of some fundamental moral values and principles is often being contended as a testament of arrogance, if not directly as a new kind of subtler imperialism. The human rights framework itself, which provided the basis (...) for the most relevant international declarations and documents, is not exempt from the charge. However, the refusal of a top-down conception of the universal as a sort of product for exportation should not be confused with a relativistic landscape, where all the cows can be indifferently black or white. This contribution aims at outlining an approach, which reconciles universalism as enshrined in founding human rights declarations with respect for cultural diversity. In order to do so, two conceptual frameworks are discussed: the ‘tool-kit’ model and the morals/ethics difference. The example of the right to quality health care confirms the argument that striking a balance between cherishing pluralism and defending some fundamental rights and obligations does not amount to an assertion of moral imperialism. (shrink)

In this paper, I question the dichotomy between fundamental moral disagreements, arising from divergences on moral principles, and superficial moral disagreements, that are expected to disappear under ideal epistemic circumstances. I claim that there are many other possibilities for moral disagreements, including moral disagreements that do not arise from different moral principles but would not disappear under ideal epistemic conditions. I describe two major kinds of such disagreements: semi-fundamental disagreements, which are (...) made possible by the fact that the same moral rules can be applied in different ways to the same situations, and non-morally fundamental moral disagreements, which arise by the fact that moral truths are not the only potentially non-factual truths. (shrink)

Purpose. The purpose of the study is critical reconstruction of gender issues within the framework of modern political philosophy and political anthropology, in-depth reflection of the phenomena of justice, identity, human dignity in the aspect of their gender measurements and the search for the answer to the fundamental question for leading gender discourses: is freedom and justice, in fact, possible only together with stresses, a feeling of one’s sense-rooted belonging to one or another community? Theoretical basis. The supplement of (...) the phenomenological and transcendental methodology by the method of contractualism directs the study of the topic specified in the article’s title into a new direction, and reflects its essential measurements and aspects. Understanding gender as an important philosophical and anthropological problem and a complex "social construct" precisely within the framework of the latest critical and self-critical versions of the theory of social contract reveal fruitful perspectives for political philosophy and anthropology. Originality. The study of the phenomena of "recognition" of "gender justice", "moral sense" outlines the possibilities and sense of filling the principle of social contract with a specific theoretical and practical content, substantiates the need to expand the philosophical and anthropological interpretation space of gender issues. Conclusions. Significance of the gender community for the sociocultural and existential identity of the individual enables his/her security and the ability to adequately orient in difficult life situations. However, the main purpose of human life is the ability to self-identity, even after profound changes in the structure of personality that arise in difficult situations of contempt and injustice. (shrink)

The Weatherall Report claims that research on non-human primates is permitted and morally required. The argument rests on the following thought experiment: > The hospital fire : A hospital is on fire. Some of the residents are humans and others are non-human animals. You can only save one group. What do you do? Some people have the intuition that we should rescue the humans. According to the report, if we accept that human lives have priority over non-human lives in (...) this case, consistency requires us to support the use of non-human animals in research. This is because both cases are about saving human lives at the expense of the lives of non-human animals. Two critical replies appeared in the literature, by E J Moore1 and Muireann Quigley.2 In a recent paper3 Gardar Arnason claims that such objections fail. I will argue, however, that his assessment is unconvincing. The first objection pressed by Moore is that there are fundamental disanalogies between The hospital fire and biomedical research. In that scenario we face a life-or-death emergency situation whereas in biomedical research we do not. In such situations it may be justified to prioritise those closest to us (eg, species …. (shrink)

Charles J. Lumsden and E.O. Wilson, in their writings together and individually, have proposed that human behaviors, whether moral or nonmoral, are governed by innate constraints (which they have termed epigenetic rules). I propose that if a genetic component of moral behavior is to be discovered, some sorting out of specifically moral from nonmoral innate constraints will be necessary. That some specifically moral innate constraits exist is evidenced by virtuous behaviors exhibited in nonhuman mammals, whose behavior (...) is usually granted to be importantly governed by genetic factors. Propensities for such virtuous behaviors may have been passed to humans as highly conserved mammalian genes and continue to influence us. I propose that these constitute at least a rudimentary morality and may account in part for the moral intuitions. But other innate constraints which are nonmoral in nature interact with the specifically moral innate constraints and with culture to yield human moral decisions and actions. Any model which aims to identify the genetic component of moral behaviors or behaviors with moral import must provide not only a delineation of cultural causes but must also distinguish between those genetic causes which may have their origin in innate moral constraints from others which are fundamentally nonmoral because the critical faculty necessary to higher level human morality itself arises in part from innate constraints of a nonmoral type; i.e., the processes of inductive reasoning common to both ethics and science. Finally, humans who could bring the nonmoral evaluative capacities to bear upon whatever moral intuitions might be genetically conserved in mammalian heritage would have an advantage over similar beings who could not. (shrink)

Recently, there has been a resurgence of interest in general, comprehensive models of human cognition. Such models aim to explain higher-order cognitive faculties, such as deliberation and planning. Given a computational representation, the validity of these models can be tested in computer simulations such as software agents or embodied robots. The push to implement computational models of this kind has created the field of artificial general intelligence (AGI). Moral decision making is arguably one of the most challenging tasks for (...) computational approaches to higher-order cognition. The need for increasingly autonomous artificial agents to factor moral considerations into their choices and actions has given rise to another new field of inquiry variously known as Machine Morality, Machine Ethics, Roboethics, or Friendly AI. In this study, we discuss how LIDA, an AGI model of human cognition, can be adapted to model both affective and rational features of moral decision making. Using the LIDA model, we will demonstrate how moral decisions can be made in many domains using the same mechanisms that enable general decision making. Comprehensive models of human cognition typically aim for compatibility with recent research in the cognitive and neural sciences. Global workspace theory, proposed by the neuropsychologist Bernard Baars (1988), is a highly regarded model of human cognition that is currently being computationally instantiated in several software implementations. LIDA (Franklin, Baars, Ramamurthy, & Ventura, 2005) is one such computational implementation. LIDA is both a set of computational tools and an underlying model of human cognition, which provides mechanisms that are capable of explaining how an agent’s selection of its next action arises from bottom-up collection of sensory data and top-down processes for making sense of its current situation. We will describe how the LIDA model helps integrate emotions into the human decision-making process, and we will elucidate a process whereby an agent can work through an ethical problem to reach a solution that takes account of ethically relevant factors. (shrink)

My aim is to highlight four philosophical presuppositional issues that underliethe questions associated with God-arguments precisely as such.Apresuppositional issue is some matter that systematically precedes a question onwhich one is focusing, and one‟s stance on the presuppositional issue provides afundamental component of one‟s stance on that focalquestion. Moreover, differences between stances on presuppositional issuesfrequently constitute a basic part of disputes overstances on focal questions. Finally, philosophical presuppositional issues areespecially crucial, since they regard one‟s fundamental horizon – one‟s basiccategories of (...) meaning and criteria of verification. For example, yourdisagreement with your friend about whether capital punishment could ever bemorally good may well arise at least partly from an underlying disagreement between the two of you about just what “moralgoodness” means and how its presence in a concrete situation can be confirmedor disconfirmed.The first of the philosophical presuppositional issues I have in mind isepistemological: Do I ever genuinely know anything at all? The remaining issuesare metaphysical. One is general: What are the characteristics of reality preciselyas such? And two are particular: Is utter badness real? Is direct divine selfdisclosurereal?In the first of my paper‟s three parts, I will recount four common stanceson these issues that short-circuit the enterprise of attempting to arguephilosophically in favor of God before it even gets started. To maintain any ofthem is to maintain a philosophical presupposition that excludes in advance thepotential rational success of any particular argument for God, thus leaving everysuch argument as at most the symbolic expression of individual or collectivefeelings, experiences, memories, hopes, expectations, and so forth, or perhaps asjust a matter of historical interest. In the second part of my paper, I will review two other common stancesthat serve to undercut the potential religious relevance of any philosophical Godargument,evenifithappenstoberationallysuccessful.Thesestancesconstitutephilosophicalpresuppositio nsthatexclude in advance the possibility that what aphilosophical argument might establish has any connection at all with what thereligious believer means by “God.”Finally, in my paper‟s third part I will spell out a further set ofphilosophical presuppositions, all of which, in my view, must be in place if anyparticular argument in favor of God is to have hope of being rationally successfuland religiously relevant. Although maintaining these latter presuppositions doesnot guarantee the success and relevance of any particular God-argument, it leavessuch matters open to being determined argument by argument, rather than havingtheir very possibility dismissed before any particular argument has actually beenstudied.I must add three important prefatory notes. First, in this paper what Inormally mean by “God” is what is meant by that word in the philosophicaltradition typified by the views of Augustine and Aquinas. More exactly, forpresent purposes let me say that by “God” I mean at least this: a reality that isessentially spiritual, world-transcending, all-knowing, all-powerful, and allloving.Second, my primary purpose in this paper is elucidation, not evaluation.While you will not be surprised to learn that I think the presuppositions discussedin the third part are notably more defensible than those discussed in parts one andtwo, I am mainly concerned not to justify any specific set of presuppositions butrather to illuminate the role that presuppositions play, whether explicitly or justimplicitly, and therefore the importance of taking them into account in order toproperly situate particular arguments for God.Third, my interest in this topic grows out of my own experience in theclassroom. An important part of my pedagogical responsibility is to help studentsunderstand and assess some of the traditional philosophical arguments for God –cosmological, ontological, moral, and so forth. The propensity of many studentsto remain unmoved by those arguments stems not from their study of specificfeatures of the arguments themselves but rather from their antecedentassumptions about knowing and reality. That is to say, for many students thecrucial philosophical factor in their rejection of this or that particular Godargumentis their stance, whether patent or just latent, on some issue that isproper not to philosophy of religion but rather to general epistemology ormetaphysics.2. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:32. HUME'S CLASSICAL THEORY OF JUSTICE1 Let me begin by formulating a broad distinction between two sorts of theories of justice. I shall stipulate that a modern theory of justice is one which treats justice as a moral quality, in fact as one moral quality among a multitude of moral virtues, and which accordingly takes the obligation tö' be just as pre-eminently a moral obligation. (...) On this approach the philosophical appreciation of justice requires that we interpret it in terms of a moral theory, and correspondingly any viable moral theory is expected to afford a framework within which the virtue of justice is to be understood. The important philosophical question to be asked about justice concerns the moral obligation to abide by the conventions and rules of justice. By a classical theory of justice I mean one which treats this quality not as one moral virtue among many others but as fundamental to morality itself. Here justice would have to be explained before one could develop a satisfactory account of morality. Questions about the moral obligation of justice are on this approach not as important philosophically as questions about the basis of justice itself. The modern and the classical theories are distinguished by the relationship each posits between justice and morality. In the modern approach, the account one offers of morality conditions the account one can offer of justice, while in the classical theory the account one offers of justice conditions the account one can offer of morality. As exemplifying a classical theory of justice one might cite Plato's Republic or, closer to the present topic, Hobbes' De Homi ne. While there seems to be no definitive interpretation of Hobbes ' overall moral and political theories, in this work he maintains that the development of a settled morality is subsequent to the establishment of civil society and therein, of course, also of the order of justice. The following passage from the De Homine shows how the order 33. of civil justice plays a foundational role relative to the moral order. Eut whatsoever is the object of any man's appetite or desire, that is it which he for his part calleth good: and the object of his hate and aversion, evil; and of his contempt, vile and inconsiderable. For these words of good, evil, and contemptible, are ever used with relation to the person that useth them: there being nothing simply and absolutely so; nor any common rule of good and evil, to be taken from the nature of the objects themselves; but from the person of the man, where there is no commonwealth; or, in a commonwealth, from the person that representeth it; or from an arbitrator or judge, whom men disagreeing shall by consent set up, and make his sentence the rule thereof. 2 Attributing to Hobbes the view that the account one gives of justice and the civil order conditions and serves as a necessary presupposition to the account one can give of a settled morality permits us to count Hobbes among those thinkers who have offered a classical theory of justice. Because Hume seems in so many ways to deserve the appellation of thoroughly modern philosopher, it is not surprising that he is naturally construed as sharing in the modern conception of justice. I want to argue that this way of interpreting Hume is mistaken and that he is in fact a classical theorist of justice. I shall contend, furthermore, that getting clear about the kind of theory of justice Hume offers allows us to resolve a problem in his moral theory—specifically a problem relating to the correction of the moral judgment. In view of these aims, the paper has three parts: (1) investigation as to what kind of theory of justice Hume offers; (2) exploration of a quandary inherent in the modernist interpretation which serves as an objection to the thesis of this paper; and (3) resolution of this objection and conclusion as to the character of Hume's theory of morality. At the end I shall explore a few corollaries 34. of the thesis that Hume is a classical theorist of justice. 1. Hume: A Classical Theorist of Justice There are... (shrink)

Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation (...) are often limited. The shortage extends not only to supplies like blood products and drugs, but physicians and other medical personnel. In the midst of a mass casualty scenario, such as a battle that includes intense ground fighting, the medical staff will stretch scarce resources and triage casualties according to specific criteria. Typically, they proceed by providing care for the most severely wounded first, referred to here as conventional triage. At times, though, the staff may reverse the triage so that soldiers with minor wounds can return to the fight. In a mass casualty situation, when medical personnel apply conventional triage and treat casualties from opposing forces, a dilemma may arise. We argue that it can be permissible for military physicians to prioritize their own soldiers over enemy combatants in a mass casualty triage, where reverse triage does not apply. The case we will focus on is as follows: Battlefield Triage: During combat operations on a remote island in the Pacific Ocean, a compatriot soldier and an enemy combatant arrive at the compatriot soldier country’s medical treatment facility. Both have similar gunshot wounds to the abdomen, and they arrive with similar conditions. Both have low oxygen saturation and excessive blood loss. The sole physician only has enough time to stabilize one person. The scenario is brief, and we are aware that medical rules of eligibility will most often dictate how the physician proceeds,[1] but this scenario is useful in setting up the question we focus on in this paper: would it be wrong to favor the stabilization of a soldier just because the soldier is the physician’s compatriot? In other words, can nationality serve as an ethically justified tiebreaker in a situation such as Battlefield Triage?[2] In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. The AMA’s Code of Medical Ethics asserts that physicians have “ethical obligations to place patients’ welfare above their self-interest and above obligations to other groups.”[3] The World Medical Association’s Declaration of Tokyo affirms that “no motive, whether personal, collective or political, shall prevail against this higher purpose” of alleviating distress.[4] Physicians are taught early on that triage decisions must be medically indicated and made without consideration of factors such as race, ethnicity, religion, social status, and nationality. They are taught that public trust and obligations of justice grounded in equality demand that only medical indications be considered. But military physicians in a military setting are beholden to obligations, duties, and responsibilities as members of the military, and when these obligations, duties, and responsibilities conflict, as they do in Battlefield Triage, which loyalties win out and why?[5] Critics of partiality on national grounds argue that partiality undermines public trust in medicine and justice because everyone should be treated equally regardless of nationality.[6] Proponents of partiality argue that military obligations supersede equality and that justice requires partiality in such cases.[7] Despite the critics’ disagreement, both agree that there is a morally right, perhaps even blameless, course of action. Drawing on insights from virtue ethics, we argue that Battlefield Triage is a moral tragedy in which justice is unattainable and there is no action without moral cost. The assumption that there is a morally right choice is flawed. We argue that while no decision in this scenario is free from moral blame, there are reasons to favor treating one’s soldiers over enemy combatants. I. The Case Against Partiality There is a common assumption that there is a morally right or just decision in Battlefield Triage. A number of organizations and scholars claim that it is wrong for military physicians to favor their own soldiers on the grounds of nationality or some form of ‘group membership.’ (In a conflict involving service members from multiple nations working as a coalition, a soldier from an allied country may receive the same priority as the US service member due to ‘group membership.’) The World Medical Association’s WMA Declaration of Lisbon on the Rights of the Patient, which was reaffirmed in 2015, posits that, “[i]n circumstances where a choice must be made between potential patients for a particular treatment that is in limited supply, all such patients are entitled to a fair selection procedure for that treatment. That choice must be based on medical criteria and made without discrimination.”[8] This echoes what was set forth in Article 12 of the Geneva Conventions, which states that “[o]nly urgent medical reasons will authorize priority in the order of treatment to be administered.”[9] The argument for impartiality in Battlefield Triage is that every person is morally equal, and equality entails that medical distribution is, “based on a combination of medical need and urgency.”[10] This is in keeping with the bioethical principles that are generally applied.[11] II. The Case for Partiality On the other side, there are arguments that favoritism is the ethically right decision in Battlefield Triage.[12] The argument asserts that members of the military form a morally significant community of friends and participation in these relationships demands partiality. Just as parents have strong ethical duties to their children and not just any children, military personnel have ethical duties to their group, a group that involves an affirmation of mutual aid and support. Some have termed these ‘associative duties. According to Michael Gross, obligations of friendship, care, and solidarity “leave very little room for generally applicable principles of justice that would obligate a medic to treat enemy or non-compatriot wounded ahead of their compatriots.”[13] This is true in Battlefield Triage, but it may also be true even if the enemy’s soldier were more seriously wounded: “the ethics of small group cohesion, largely an ethics of care, mostly replaces the demands of impartial justice.”[14] In a more recent article, Gross explains that preferential treatment is ethically justified based on fighting capability and “the special obligations people owe friends, family, and, no less, comrades-in-arms.”[15] To not show partiality to the US soldier would be morally wrong on the grounds of friendship and mutual care.[16] III. The Moral Tragedy of Battlefield Triage Defenders and critics of Battlefield Triage favoritism based on nationality both frame their position as just or fair. For example, Justin List argues that physicians are “bound to practice medical neutrality,”[17] Marcus Adams denies that physicians “possess special ethical obligations” to enemy combatants because of their profession.[18] These perspectives assume that there is a morally right decision and that justice is attainable. The assumption that there is or can be a morally right Battlefield Triage decision, and we need to put our heads together to figure it out, remains strongly entrenched. However, the facts of the situation should give us pause; there are too many people and too few resources, and this demands a decision-making process that determines who will receive scarce resources. By its very nature, a battlefield triage decision has to be made based on some characteristic or value, a characteristic or value that will inevitably favor some at the expense of others. This is precisely why competing analyses “in the military context struggle to resolve these conflicts satisfactorily.”[19] Drawing on the insights of virtue ethics, we suggest that Battlefield Triage is a moral tragedy. Virtue ethics suggests that morality is about acting virtuously, which is to say that we should do what a virtuous person would do in the situation. Ethics is about figuring out how a just, wise, compassionate, loving, and fair person would act, and then doing that, as one grows in virtue. But life is not always clear cut, and it is possible that virtuous people may find themselves in a moral tragedy, a situation in which, through no fault of one’s own, a person must make a morally objectionable decision. After the action the virtuous person “emerges having done a terrible thing, the very sort of thing that the callous, dishonest, unjust, or in general vicious agent would characteristically do.”[20] Stated differently, a moral tragedy presents a virtuous person with two or more courses of action, all of which have a moral cost.[21] In Battlefield Triage, no matter how the physician goes about deciding, there is going to be defensible concern from those not saved. The fact that there are more people than can be helped fosters competing values in battlefield triage: maximize lives saved, treat people equally, treat the worse off, and support the war effort. Treating people equally may create tension between treating the worse off, maximizing lives saved, and supporting the war effort. Reverse triage is a case in point, as supporting the war effort conflicts with treating the worse off first, as is a fair lottery system since deploying a lottery may not maximize lives saved or support the war effort. There can be reasons why one person is selected over another, to be sure. Yet, there are reasons for making a decision, and that the decision is subject to legitimate moral concern is another. To recognize the moral tragedy of Battlefield Triage is to recognize the impossibility of acting blamelessly in the situation. In this situation, the virtuous military physician is going to have to sacrifice important values such as justice, compassion, and respect for others, even with a defensible criterion in hand. The physician will grieve this sacrifice accordingly. The physician may find her decision difficult or stressful, and rightly so, because of what her circumstances require of her. This kind of moral tragedy results “in actions which betray and violate the rights of persons to whom there may be a strong duty of care. When this happens, it properly triggers an appropriate moral emotion since our moral integrity has been violated and this affects how we think of ourselves and what we have become.”[22] Rather than view her triage decision as the morally superior choice, the virtuous military physician will view her decisions in these circumstances in a different light: it is the least bad option in a terrible situation, and she did something ethically problematic, something that is contrary to her moral character. She deeply regrets the circumstances in which she had to act. IV. Virtue Ethics A virtue ethicist has insight into how one should go about deciding what to do in a moral tragedy, although virtue ethics may not be as helpful as one may hope. The goal of the virtuous military physician in Battlefield Triage is to adopt the best course of action or the action that she feels she ought to do, all things considered. This does not make her choice devoid of serious wrongdoing—a decision must be made, but that does not make it just. The virtuous military physician will approach the situation with courage, responsibility, and insight. She will think about the decision carefully, wisely, and conscientiously; she will weigh the goods and harms of the choices before her, in conjunction with a proper conception of the good life, human worth, and understanding of her obligations to others—including chain of command, fellow soldiers, and the medical community. She is attuned to the value of human life and has a reasonable idea of the various ways her decisions will affect others. She recognizes that she is in this non-ideal situation through no fault of her own: she is not the one fighting in battles; she is serving her country as a physician, whose job it is to save lives, treat everyone justly, and promote military objectives. She regrets the decision she is forced to make in battlefield triage, acting “with immense regret and pain,” Hursthouse explains, “instead of indifferently or gladly.”[23] This is because, no matter what decision is made, the virtuous military physician “does something terrible or horrible,” something she otherwise would not do and is contrary to her values.[24] V. A Resolvable Moral Tragedy Instead of asking whether there is a morally right decision, in which a decision is morally blameless and above reproach, the virtue ethicist asks whether there is a decision with a convincing rationale, knowing that a decision can have a clear rationale but still be morally tragic. It is perfectly reasonable to think that different virtuous persons will arrive at different courses of action: “two virtuous agents, in the same situation,” Hursthouse writes, “may act differently” in irresolvable moral tragedies, in cases in which there is no clear course of action.[25] Because a person must act in a moral tragedy, one goal is to identify reasons for choosing the chosen action. Some decisions are clearly indefensible—treating neither the compatriot soldier nor the enemy combatant in Battlefield Triage would be wrong—and some decisions are more problematic than others. If the military physician selects to treat the soldier because she does not like the enemy combatant’s skin color, such a reason would be deeply problematic. But much of the debate over how to act in a moral tragedy is not over clearly indefensible or problematic criteria. Instead, the literature is largely about different standards or implementations of justice. Some scholars defend nation-impartial triage as right, while others defend nation-aware triage as right, and each argues that the other side is promoting an unjust or otherwise wrong solution to Battlefield Triage. We suggest that Battlefield Triage is a resolvable moral tragedy and that virtue ethics offers convincing reasons to prefer the treatment of the compatriot soldier rather than the enemy combatant on the grounds of national identity. Virtues are integral to living a good life, a flourishing life, but as Aristotle observed long ago, human beings are inherently social, interdependent and interconnected in profound ways.[26] This goes beyond the obvious fact that we need each other to survive day to day (one person makes clothes, another farms, and another makes tools); the claim is that a good or flourishing life depends in large part on one’s social network or community. This is why many of Aristotle’s moral virtues are other facing: justice, friendship, generosity, and magnanimity, to name a few. Courage, a typically self-facing virtue, is understood by Aristotle to be the virtue that regards one’s fear of death in battle, a battle fought on behalf of one’s city.[27] All of this remains true today. Namely, there is an important sense in which our community matters to our lives: it is easier to live a good, flourishing life if one is part of a good, flourishing community. Our community is made up of smaller groups, and it is more accurate to say that we are simultaneous members of different groups within a broader community. A person may be part of a family, friend group, research team, large state university, city, state, and nation. Groups can function well or not, as we all have experienced, and this suggests that there are virtues or excellences that groups can instantiate. Good groups are unified in purpose, with each member doing their duty alongside others for the attainment of that purpose. Good groups manifest solidarity among their members. Although Aristotle does not list solidarity as a virtue, a number of modern-day virtue ethicists have begun examining how group solidarity can be a virtue that contributes to a good or flourishing life.[28] Solidarity is not conceptualized as an individual virtue, a virtue possessed by a person in isolation of others; instead, it is a collective virtue, a virtue that is shared among members of a defined group with particular ends.[29] “A group has solidarity to the extent that its members are disposed to: (1) share values, aims, or goals; (2) care about those values, aims, or goals; (3) act in accordance with those values, aims, or goals; (4) trust the testimony of other group members with respect to those values, aims, and goals; and (5) feel a sense of belonging to the group.”[30] The virtue of collective or group solidarity involves individuals having special concern for each other, shared aims and values, trust, loyalty, and a sense of belonging with these specific others. There is a oneness to the group in the pursuit of a definite goal or purpose, involving mutual support and affirmation of each member. As such, the group has ends and goods above and beyond the good of each individual person. Sometimes solidarity requires personal sacrifice for the collective (for example, a father sacrificing food so his child can eat). The virtue of collective or group solidarity is important to the military and medical community at every level, and for clear reasons. In the military, there is a clear hierarchy of command, unity of purpose and end, mutual trust and support in complex settings, and so on. Soldiers need to know they can count on one another, and solidarity grounds a soldier’s ability to trust others and be assured of mutual aid. In medicine, solidarity maintains self-regulation of the profession, shared values and goals, as well as public support, not to mention that day-to-day operations require physician trust, engagement, and effort toward the ends of clinical care. Physicians need to work together, along with others, in pursuit of health, and disunity is sowed when there is mistrust, selfishness, or disengagement among the healthcare team and organization. Importantly, just as we are all members of various groups and hence may manifest group solidarity in different settings, the virtuous military physician instantiates collective solidarity with both the medical profession and the military. Her dual loyalty contributes to the moral difficulty of acting in Battlefield Triage. The military physician has competing obligations to distinct groups and cannot satisfy all obligations in Battlefield Triage. Solidarity with the military supports the consideration of favoring the soldier for reasons of national identity, whereas solidarity with the medical community does not. Something has to give, which is why it is a moral tragedy. The virtuous military physician, therefore, must weigh the costs of each course of action. To fulfill her obligations to the medical community would require that she does not use nationality and other non-medical considerations in Battlefield Triage. Since the soldier and enemy combatant are equally injured, justice would demand a random process, perhaps a flip of the coin. Although this may satisfy obligations the military physician has to the medical community, this would be costly to the physician’s military group. If word gets out that the physician decides who to treat based on a coin toss, soldiers, families, and citizens may become frustrated and angry. Soldier morale may go down if it becomes known that a coin flip led to the preventable death of a soldier and the saving of an enemy combatant who had killed (or attempted to kill) other soldiers. As Gross highlights, military solidarity involves a mutual aid promise that military personnel promise to help one another.[31] A military physician is part of the military and, as such, is part of the mutual aid promise, which would appear to be violated if the physician flips a coin. Treating a member of one’s own team may be psychologically more beneficial than treating an enemy combatant and may lead to less moral distress.[32] Finally, treating soldiers rather than enemy combatants promotes broader military and social aims, including returning soldiers to health, maintaining unity of purpose, and minimizing community suffering from a soldier’s death. Favoring members of one’s group, that is, triage based on nationality in Battlefield Triage, would fulfill obligations of military group loyalty, which is contrary to the values and duties of medicine. It does not seem as though showing favoritism in this particular situation is very costly to the medical community or general public, but this is because there is recognition that the physician is in the military. Medicine is impartial to non-medical indications partly because of fairness and to promote public trust in medicine. However, Battlefield Triage is unique, as medicine is being practiced in a non-public, wartime setting. In ordinary circumstances, a patient’s identity is irrelevant, and physicians ought not play favorites. Since Battlefield Triage is not an ordinary circumstance, decisions based on patient identity may not undermine public trust in medicine. In addition, it is contestable that fairness in Battlefield Triage requires that no consideration be paid to one’s nationality. Fairness is about giving each person their due, what is owed to them, and the case can be made that soldiers who place themselves in danger for the sake of the common good or a just cause are owed special attention when they suffer harm in the line of duty. In other words, soldiers voluntarily undergo risk to themselves for the greater good, and society owes them for this sacrifice. This plausibly includes preferential treatment in a situation such as Battlefield Triage. So, while the medical community affirms justice demands non-preferential treatment, the military community can affirm the opposite. The demands of fairness are unclear at best or in conflict in this situation: demands of physician justice decry favoritism, while demands of military justice support favoritism. Triage not based on nationality is arguably unfair and triage based on nationality may not undermine public trust, after all. All things considered, there is a clear rationale for favoring nationality-based preferential treatment in Battlefield Triage. Adopting a nationality-based preference in this situation is more defensible than not. This does not make such a decision ethically right or just. Preference based on nationality is the least bad decision, but it is not morally blameless. It involves one in a serious moral wrong, a wrong otherwise avoided and contrary to one’s character. The virtuous military physician is in a situation in which obligations conflict, and we disagree with Gross, who posits that care of fellow soldiers “is important to the near exclusion of all else.”[33] Gross fails to appreciate the collective virtue of solidarity as applied to those in medicine. The military physician has duties to fellow soldiers but also to fellow physicians, to the medical community, and humanity. To favor a soldier on grounds of nationality violates her duties and responsibilities to this latter group. She is involved in a moral tragedy and can only seek the most just action given the circumstances, yet, at least in virtue ethics, the action remains far from blameless. CONCLUSION We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. As such, the virtuous military physician incurs a moral cost to acting as she does—there is a moral residue. However, despite being a moral tragedy, there are clear reasons to act in favor of treating one’s own, considering group solidarity. As such, these kinds of tragedies are resolvable: virtuous military physicians should favor treatment of their own, although they would do so with sorrow. - [1] Militaries set forth medical rules of eligibility or guidelines used to determine whether a person qualifies for specific medical interventions or treatments in certain circumstances, and these guidelines are binding for a military physician. For example, despite opposition from medical organizations, militaries have adopted reverse triage guidelines for military physicians to follow. For ethical discussion, see Falzone, Elisabeth, P. Pasquier, C. Hoffmann, O. Barbier, M. Boutonnet, A. Salvadori, A. Jarrassier, J. Renner, B. Malgras, and S. Mérat. "Triage in military settings." Anaesthesia Critical Care & Pain Medicine 36, no. 1 (2017): 43-51. https://doi.org/10.1016/j.accpm.2016.05.004 [2] There are issues that are related to this, including the triage of civilians and allied soldiers. We set related issues aside for purposes of this paper [3] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [4] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [5] This is termed the “dual loyalty” dilemma in military medicine and has been described at length elsewhere: Institute of Medicine (US) Board on Health Sciences Policy. Military Medical Ethics: Issues regarding Dual Loyalties: Workshop Summary. Washington (DC): National Academies Press (US); 2008. Toward a Framework for Resolving Dual Loyalties. Available from: https://www.ncbi.nlm.nih.gov/books/NBK214853/ [6] See Kenneth G. Swan and K.G. Swan, Jr., “Triage: The Past Revisited,” Military Medicine 161:8 (1996): 448–452. https://doi.org/10.1093/milmed/161.8.448; Jerome A. Singh, “American Physicians and dual loyalty obligations in the ‘war on terror,’” BMC Medical Ethics 4.4 (2003): 1–10. https://doi.org/10.1186/1472-6939-4-4; Beam, Thomas E. "Medical Ethics on the Battlefield." Military Medical Ethics: Sect. IV. Medical ethics in the military. Medical ethics on the battlefield: the crucible of military medical ethics 2 (2003): 369-402; Hereth, Blake. "Health justice for unjust combatants." Journal of Military Ethics 20, no. 1 (2021): 67-81. https://doi.org/10.1080/15027570.2021.1949782. [7] See Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. Gross, Michael L. "Comradery, community, and care in military medical ethics." Theoretical medicine and bioethics 32 (2011): 337-350. https://doi.org/10.1007/s11017-011-9189-6. Gross, Michael L. "The limits of impartial medical treatment during armed conflict." In Military medical ethics for the 21st century, pp. 71-84. Routledge, 2016. [8] World Medical Association, WMA Declaration of Lisbon on the Rights of the Patient. 5 December 2022, https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient/ [9] Geneva Convention for the Amelioration of the Condition of Wounded, Sick in Armed Forces in the Field. 12 August 1949. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.30_GC-I-EN.pdf. [10] List, Justin M. "Medical neutrality and political activism: physicians' roles in conflict situations." In Physicians at war: The dual-loyalties challenge, pp. 237-253. Dordrecht: Springer Netherlands, 2008. 240 [11] Beauchamp, T., and J. Childress. 2013. Principles of Biomedical Ethics, 7th ed. Oxford, United Kingdom: Oxford University Press. [12] Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. [13] Gross, "Comradery, community, and care in military medical ethics," 347. [14] Gross, “Comradery, community, and care in military medical ethics,” 349. [15] Gross, Michael L. "When medical ethics and military ethics collide." Narrative inquiry in bioethics 13, no. 3 (2023): 199-204. 202 https://dx.doi.org/10.1353/nib.2023.a924191 [16] Our argument draws on virtue ethics, from which care ethics derives, and it is worth clarifying how our argument relates to Gross’s. We do not think that the virtue of friendship grounds triage decisions, for we think it is unlikely that the physician and wounded soldier are friends. Instead, as explained below, we think the collective virtue of group solidarity better captures the moral significance of group loyalty and that Gross would agree with us. But since military physicians are part of distinct groups, with competing obligations, the military physician will be forced to sacrifice a value in battlefield triage cases. In other words, we think Gross downplays the dual group membership of a military physician. [17] List,”Medical neutrality and political activism,” 250. [18] Adams,”Triage priorities and military physicians,” 235. [19] London, Leslie, Leonard S. Rubenstein, Laurel Baldwin-Ragaven, and Adriaan Van Es. "Dual loyalty among military health professionals: human rights and ethics in times of armed conflict." Cambridge Quarterly of Healthcare Ethics 15, no. 4 (2006): 381-391. 383. [20] Hursthouse, R. On Virtue Ethics. OUP 1999. 74 [21] Nussbaum, Martha C. "The costs of tragedy: Some moral limits of cost-benefit analysis." The Journal of Legal Studies 29, no. S2 (2000): 1005-1036, 1007. [22] De Wijze, S. (2005). Tragic-remorse–the anguish of dirty hands. Ethical theory and moral practice, 7(5), 453-471, 457. https://doi.org/10.1007/s10677-005-6836-x [23] Hursthouse, 73 [24] Hursthouse, 81 [25] Hursthouse, 72 [26] Aristotle, Politics 1253a8. Reeve, C. D. C., Indianapolis: Hackett Publishing Co., 2017 [27] Aristotle, Nicomachean Ethics. III.6.114a, 34-35. 2002, Nicomachean Ethics, Christopher Rowe (trans.), Oxford: Oxford University Press [28] Byerly, T. Ryan, and Meghan Byerly. "Collective virtue." The Journal of Value Inquiry 50, no. 1 (2016): 33-50. https://doi.org/10.1007/s10790-015-9484-y; Federico, Veronica. "Conclusion: solidarity as a public virtue." Solidarity as a Public Virtue (2018): 495-542. https://doi.org/10.5771/9783845290058. Rehg, William. "Solidarity and the common good: An analytic framework." Journal of Social Philosophy 38, no. 1 (2007): 7-21. https://doi.org/10.1111/j.1467-9833.2007.00363.x [29] Byerly and Byerly. "Collective virtue." 43 [30] Battaly, Heather. "Solidarity: Virtue or vice?." In Social virtue epistemology, pp. 303-324. Routledge, 2022. 304 [31] Ibid., 2011: 341 [32] It might be thought that displaying altruism by helping an enemy combatant at the expense of one’s fellow soldier may be psychologically satisfiying. For evidence that military physicians find it difficult to treat enemy combatants, see Lundberg, Kristina, Sofia Kjellström, Anders Jonsson, and Lars Sandman. "Experiences of Swedish military medical personnel in combat zones: adapting to competing loyalties." Military medicine 179, no. 8 (2014): 821-826. https://doi.org/10.7205/MILMED-D-14-00038. Lamblin, Antoine, Clément Derkenne, Marion Trousselard, and Marie-Ange Einaudi. "Ethical challenges faced by French military doctors deployed in the Sahel (Operation Barkhane): a qualitative study." BMC Medical Ethics 22 (2021): 1-13. https://doi.org/10.1186/s12910-021-00723-2 [33] Ibid., 2011: 344. (shrink)

The development of artificial intelligence will require systems of ethical decision making to be adapted for automatic computation. However, projects to implement moral reasoning in artificial moral agents so far have failed to satisfactorily address the widespread disagreement between competing approaches to moral philosophy. In this paper I argue that the proper response to this situation is to design machines to be fundamentally uncertain about morality. I describe a computational framework for doing so and show that (...) it efficiently resolves common obstacles to the implementation of moral philosophy in intelligent machines. (shrink)

The construct of cognitive moral development seemingly has powerful practical relevance in many areas of life. Nonetheless, moral reasoning seems of marginal relevance at best in the context of business ethics. Simply put, moral reasoning measurement indices are often only weakly related to many other apparently pertinent variables, and such findings cast doubt upon the construct validity of cognitive moral development. Many such unexpectedly weak relationships, however, may stem from two largely unrecognized methodological artifacts. The first (...) artifact is an almost total reliance on the P index of the Defining Issues Test (DIT) designed to assess moral development even when this index may be inappropriate in a particular context. A second artifact that seems particularly salient in the context of attitudes toward authority involves a not always appropriate reliance on samples that include respondents whose moral reasoning is uncoupled from their action choices. These artifacts may restrict the amount of variance explained in observed relationships, and thus constrain the potential for moral reasoning to understand and explain behavior and attitudes relevant in the context of business ethics. Researchers are urged to use DIT D scores (in addition to P scores) in specific situations, and to examine relationships among high DIT U scorers whose moral reasoning is tightly coupled with their action choices. The application of these guidelines may have profound implications for advancing our fundamental understanding of moral reasoning, and of increasing its relevance to business ethics. (shrink)

Resumen En este trabajo se exponen veintiuna tesis sobre la asignación de recursos escasos en tiempos de pandemia o crisis sanitaria. El autor parte de la base de que nunca se justifica tratar a una persona como un mero medio. A partir de este principio fundamental, y de otras exigencias de justicia, procura determinar cuáles son los límites a las consideraciones, por lo demás legítimas, de eficiencia o de utilidad. Esto le permite discernir qué criterios de distribución son (...) class='Hi'>moral mente aceptables y cuáles no lo son. -/- This work presents twenty one theses on the allocation of scarce resources in times ofpandemic or health crisis. The author assumes that treating a person as a mere means is never justified. On the basis of this fundamental principle, and other requirements of justice, he seeks to determine what are the limits to considerations, otherwise legitímate, of efficiency or utility. This allows him to discern which distribution criteria are morally acceptable and which are not. (shrink)

One of the most controversial areas of animal research is the use of nonhuman primates for fundamental research. At the centre of the controversy is the question of whether the benefits of research outweigh the harms. We argue that the evaluation of harms and benefits is highly problematic. We describe some common procedures in neurological research using nonhuman primates and the difficulties in evaluating the harm involved. Even if the harm could be quantified, it is unlikely that it could (...) be meaningfully aggregated over different procedures, let alone different animals. A similar problem arises for evaluating benefits. It is not clear how benefits could be quantified, and even if they could be, values for different aspects of expected benefits cannot be simply added up. Sorting harms and benefits in three or four categories cannot avoid the charge of arbitrariness and runs the risk of imposing its structure on the moral decision. The metaphor of weighing or balancing harms and benefits is inappropriate for the moral decision about whether to use nonhuman primates for research. Arguing that the harms and benefits in this context are incommensurable, we suggest describing the moral consideration of harms and benefits as a coherent trade-off. Such a decision does not require commensurability. It must be well-informed about the suffering involved and the potential benefits, it must be consistent with the legal, regulatory and institutional framework within which it is made, and it must cohere with other judgments in relevant areas. (shrink)

Rare diseases, defined as having a prevalence inferior to 1/2000, are poorly understood scientifically and medically. Appropriate diagnoses and treatments are scarce, adding to the burden of living with chronic medical conditions. The moral significance of rare disease experiences is often overlooked in qualitative studies conducted with adults living with rare diseases. The concept of morally problematic situations arising from pragmatist ethics shows promise in understanding these experiences. The objectives of this study were to (1) acquire an in-depth (...) understanding of morally problematic situations experienced by adults living with rare diseases in the province of Québec and (2) to develop an integrative model of the concept of morally problematic situations. To this end, an online survey targeting this population was developed through a participatory action research project. Respondents provided 90 long testimonies on the most important morally problematic situations they faced, often in healthcare settings. An integrative model was developed based on various qualitative analyses of these testimonies and relevant literature. The integrative model showcases that morally problematic situations have causes (i.e., contextual and relational factors, personal factors, jeopardized valuations), have affective repercussions (i.e., emotions and feelings, internal tensions), prompt action (i.e., through empowerment strategies leading to the evolution of situations), and elicit outcomes (i.e., factual consequences, residual emotions and feelings, positive or negative resolutions). In sum, this study advances understanding of the moral experiences of adults living with rare diseases while proposing a comprehensive conceptual tool to guide future empirical bioethics research on moral experiences. (shrink)

This article adduces several lines of argument to try to analyze the need for certain sorts of interventions in medical crises. The recent Ebola crisis is taken as exemplary, and other similarly serious medical situations requiring intervention, such as the endemic presence of Valley fever in parts of California, are alluded to. The overall contention is that our duties in medical crises may be somewhat stronger than previously constructed by analysts. The work of Kuhse and Singer is cited, and the (...) article concludes that there are special moral obligations to respond to international medical emergencies when they arise. (shrink)

Virtue ethics seems to be a promising moral theory for understanding and interpreting the development and behavior of artificial moral agents. Virtuous artificial agents would blur traditional distinctions between different sorts of moral machines and could make a claim to membership in the moral community. Accordingly, we investigate the “machine question” by studying whether virtue or vice can be attributed to artificial intelligence; that is, are people willing to judge machines as possessing moral character? An (...) experiment describes situations where either human or AI agents engage in virtuous or vicious behavior and experiment participants then judge their level of virtue or vice. The scenarios represent different virtue ethics domains of truth, justice, fear, wealth, and honor. Quantitative and qualitative analyses show that moral attributions are weakened for AIs compared to humans, and the reasoning and explanations for the attributions are varied and more complex. On “relational” views of membership in the moral community, virtuous machines would indeed be included, even if they are indeed weakened. Hence, while our moral relationships with artificial agents may be of the same types, they may yet remain substantively different than our relationships to human beings. (shrink)

Generosity is usually reserved for those to whom we are bound by friendship or warm affection; but even where such ties are absent an effective equivalent is our recognition that others, even casual acquaintances, have a right to these same benefits. If warm affection is joined with the regard that men of moral integrity have for such rights, the disposition to confer such benefits upon others is almost always efficacious. Unfortunately, matters are not always so neatly aligned or so (...) simply resolved. The goods at our disposal are in too short supply to permit us adequately to bestow them whenever they are needed, even upon those to whom we are bound by love and affection; and not infrequently those who are entitled to these goods are persons to whom we are not warmly disposed. In any case our limited opportunities and abilities, together with the unexpected and even unpredictable circumstances that defeat even our best intentions, sometimes compel us to choose which of two competing rights, both of which engage our moral concerns, to honor by what we do—or perhaps to choose between a right and a quite different but no less important sort of consideration which, as reasonable agents, we must also respect—hoping that in acting as we do we shall make the best of an unfortunate situation that has been thrust upon us. Inevitably, even though only occasionally, in the complex and even unforeseeable circumstances in which we conduct our affairs with each other, there arises a characteristic play of rights in which one gives way or yields in its moral force in the face of more compelling considerations. (shrink)

Our concept of the universe and the material world is foundational for our thinking and our moral lives. In an earlier contribution to the URAM project I presented what I called 'the ultimate organizational principle' of the universe. In that article (Grandpierre 2000, pp. 12-35) I took as an adversary the wide-spread system of thinking which I called 'materialism'. According to those who espouse this way of thinking, the universe consists of inanimate units or sets of material such as (...) atoms or elementary particles. Against this point of view on reality, I argued that it is 'logic', which exists in our inner world as a function of our mind, that is the universal organizing power of the universe. The present contribution builds upon this insight. Then I focussed on rationality; now I am interested in the responsibility that is the driving force behind our effort to find coherence and ultimate perspectives in our cosmos. It is shown that biology fundamentally differs from physics. Biology has its own fundamental principle, which is formulated for the first time in history in a scientific manner by Ervin Bauer. This fundamental principle is the cosmic life principle. I show that if one considers the physical laws as corresponding to reality, as in scientific realism, than physicalism becomes fundamentally spiritual because the physical laws are not material. I point out that the physical laws originate from the fundamental principle of physics which is the least action principle. I show that the fundamental principle of physics can be considered as the "instinct of atoms". Our research has found deep and meaningful connections between the basic principle of physics and the ultimate principles of the universe: matter, life and reason. Therefore, the principle of least action is not necessarily an expression of sterile inanimateness. On the contrary, the principle of physics is related to the life principle of the universe, to the world of instincts behind the atomic world, in which the principles of physics, biology, and psychology arise from the same ultimate principle. Our research sheds new light to the sciences of physics, biology, and psychology in close relation to the basic principles. These ultimate principles have a primary importance in our understanding of the nature of Man and the Universe, together with the relations between Man and Nature, Man and the Universe. The results offer new foundations for our understanding our own role in the Earth, in the Nature and in the Universe. Even the apparently inanimate world of physics shows itself to be animate on long timescales and having a kind of pre- human consciousness in its basic organisation. This hypothesis offers a way to understand when and how the biological laws may direct physical laws, and, moreover, offers a new perspective to study and understand under which conditions can self-consciousness govern the laws of biology and physics. This point of view offers living beings and humans the possibility of strengthening our natural identity, and recognising the wide perspective arising from having access to the deepest ranges of our own human resources and realising the task for which human and individual life has been created. (shrink)

In this article I argue that Kant’s understanding of the universality of radical evil is best understood in the context of human sociality. Because we are inherently social beings, the nature of the human community we find ourselves in has a determinative influence on the sorts of persons we are, and the kinds of choices we can make. We always begin in evil. This does not vitiate responsibility, since through reflection we can become aware of our situation and envision (...) ourselves as members of a different community, one with different expectations, making genuine virtue possible. This understanding of radical evil helps to make sense of Kant’s high regard for the church in Religion. (shrink)

From the INTRODUCTION. The measurement of intelligence at the present time is a well recognized part of psychology. The growth of this work and the interest shown in it during the last three decades have been truly remarkable. We have witnessed the establishment of innumerable clinics and the appearance of the "mental tester." This growth has been characterized by the practical considerations of clinical examinations. The need for a psychological examination has been recognized and answers to practical situations have been (...) demanded before the psychologist has really had time to formulate his own conceptions of the whole problem. Theoretical considerations have lagged behind the practical application of mental tests. We have been measuring intelligence long before we have decided as to what intelligence really is. Far from being a drawback, as this at first sight would appear to be, it has in fact proved' to be of distinct advantage, since the measurement of this something, that we have been making, is leading us slowly but surely to a real knowledge of what can with profit be called "general intelligence." Only after considerable work with mental tests did psychologists arrive at the now generally accepted definition of intelligence, as enunciated by Stern, that "Intelligence is a general capacity of an individual consciously to adjust his thinking to new requirements: it is general mental adaptability to new problems and conditions of life." Although even this definition of intelligence may be modified in the future, it serves, at the present time, as a good working hypothesis for the selection of tests for mental measurement. Other conceptions of general intelligence are numerous and many are very similar. Binet, for example, says: "It seems to us that in intelligence there is a fundamental faculty, the alteration or the lack of which is of the utmost importance for practical life. This faculty is judgment, otherwise called good sense, initiative, the faculty of adapting one's self to circumstances. To judge well, to comprehend well, to reason well, these are the essential activities of intelligence." Meumann says general intelligence depends on two qualities, "(1) on the capacity for independent, productive thought (productive, synthetic thinking).... (2).the intensity of the whole mental life." Ebbinghaus makes intelligence include abstraction and the ability to compare and contrast. Burt says that the result of his work "strongly suggests that it is one feature or function of attentive consciousness which forms the basis of intelligence, namely, the power of readjustment to relatively novel situations by organizing new psycho-physical co-ordinations." And lastly Hart and Spearman look upon general intelligence as a "common factor" or "central tendency" not exactly definable, but entering into all sorts of mental activities to a greater or less degree. In addition to these hypotheses as to the nature of intelligence, theoretical considerations as to the growth of intelligence and the general distribution of the various grades of intelligence are arising as a direct result of the practical work being done. Questions as to the rate of increase in normal mentality are being raised, and the theoretical assumptions, upon which we base our classification of individuals into different groups, are being discussed. (shrink)

The question of the moral relevance of the individual demand is fundamental to many purchase decisions of daily consumer life. Can a single purchase make a difference for the better or worse? Each individual consumer could argue that companies are unlikely to adjust their production due to one single item more or less being sold. He might therefore decide not to change his consumption behavior but instead to rely on the effort of others, a pattern commonly referred to (...) as collective action problem. In this article, we study collective action problems with regard to everyday purchase situations. We base our discussion on Shelly Kagan’s famous article “Do I make a difference?” and critically discuss a central assumption of his model: the symmetric relationship between supply and demand. We find that Kagan’s solution to collective action problems is not true a priori but has to be evaluated in certain empirical surroundings. We therefore discuss the approach in the context of the European meat market and demonstrate that Kagan’s argument does not provide a universal solution to cases of meat purchasing. We conclude with an outlook regarding the role of consumer ethics. (shrink)

Humans have invented intelligent machinery to enhance their rational decision-making procedure, which is why it has been named ‘augmented intelligence’. The usage of artificial intelligence (AI) technology is increasing enormously with every passing year, and it is becoming a part of our daily life. We are using this technology not only as a tool to enhance our rationality but also heightening them as the autonomous ethical agent for our future society. Norbert Wiener envisaged ‘Cybernetics’ with a view of a brain-machine (...) interface to augment human beings' biological rationality. Being an autonomous ethical agent presupposes an ‘agency’ in moral decision-making procedure. According to agency's contemporary theories, AI robots might be entitled to some minimal rational agency. However, that minimal agency might not be adequate for a fully autonomous ethical agent's performance in the future. If we plan to implement them as an ethical agent for the future society, it will be difficult for us to judge their actual stand as a moral agent. It is well known that any kind of moral agency presupposes consciousness and mental representations, which cannot be articulated synthetically until today. We can only anticipate that this milestone will be achieved by AI scientists shortly, which will further help them triumph over ‘the problem of ethical agency in AI’. Philosophers are currently trying a probe of the pre-existing ethical theories to build a guidance framework for the AI robots and construct a tangible overview of artificial moral agency. Although, no unanimous solution is available yet. It will land up in another conflicting situation between biological, moral agency and autonomous ethical agency, which will leave us in a baffled state. Creating rational and ethical AI machines will be a fundamental future research problem for the AI field. This paper aims to investigate ‘the problem of moral agency in AI’ from a philosophical outset and hold a survey of the relevant philosophical discussions to find a resolution for the same. (shrink)

The purpose of this article is to offer guidelines to deal with hard choices, specifically in situations where some compromise among opposing values is inescapable. The guidelines are intended to help ethicists and practitioners to delineate different alternatives and to dismiss some of them as morally unacceptable. This article explores the view that compromises arise from negotiations but from ethical predicaments as well. For this reason, I distinguish between strategic and moral compromises. Both managers and employees are individual (...) class='Hi'>moral agents who have to confront the possibility of unpalatable and even disgusting compromises, so that they are forced to put their integrity into risk in certain compromise situations. However, I shall argue for the possibility of palatable moral compromises. The guidelines to cope with those situations and to identify the unpalatable compromises are based on J. S. Mill's moral philosophy. Mill suggested that half-measures passed in Parliament must have certain key elements to be morally acceptable. I make use of this doctrine to put forward compromise guidelines in the form of a set of hallmarks, internal and external elements of palatable compromises. Two minicases are used to test the guidelines and to emphasize the importance of compromises for ethical decision making and commitment to company. (shrink)

Discusses central aspects of Kant's work on the nature of morality and the basis of moral obligation. In examining the categorical imperative and the hypothetical imperative, emphasizes the real nature of the distinction between these principles: whereas the former is binding upon every one, the latter is binding only upon some individuals, namely those individuals who want the end for which a prescribed action is a means. Also considers the nature of the will, Kant's criterion of the rightness of (...) a right action, and two criticisms of Kant's view of morality that arise from his attempt to offer a general answer to the question ‘Why ought an action be performed?’ Then turns to Kant's proof of freedom, which it is claimed just barely misses making the right point that action is only possible under the idea of freedom. Concludes by examining Kant's proof of immortality and the existence of God. (shrink)

Aim: The aim of this review is to examine the ways in which the concept of moral distress has been delineated and deployed in the argument-based nursing ethics literature. It adds to what we already know about moral distress from reviews of the qualitative and quantitative research. Data sources: CINAHL, PubMed, Web of Knowledge, EMBASE, Academic Search Complete, PsycInfo, Philosophers’ Index and Socindex. Review methods: A total of 20 argument-based articles published between January 1984 and December 2013 were (...) analysed. Results: We found that like the empirical literature, most authors in this review draw on Jameton’s original definition and describe moral distress in psychological–emotional–physiological terms. They also agree that moral distress is linked to the presence of some kind of constraint on nurses’ moral agency, and that it is best understood as a two-staged process that can intensify over time. There is also consensus that moral distress has an important normative meaning, although different views concerning the normative meaning of moral distress are expressed. Finally, the authors generally agree that moral distress arises from a number of different sources and that it (mostly) affects negatively on nurses’ personal and professional lives and, ultimately, harms patients. However, despite this consensus, many authors take issue with the way in which moral distress is conceptualized and operationalized. Moreover, while some worry that identifying nurses as a group of health professionals whose voices are ignored or marginalized might disempower nurses and encourage them to avoid their moral responsibilities, others take situations involving moral distress as indicative of more fundamental, structural inequities at the heart of contemporary healthcare provision. Conclusion: We conclude that research on moral distress in nursing is timely and important because it highlights the specifically moral labour of nurses. However, we suggest that significant concerns about the conceptual fuzziness and operationalization of moral distress also flag the need to proceed with caution. (shrink)

The question of the world in itself — the world beyond its correlation with experience in the broadest sense — is one of the sore points of phenomenology and becomes especially acute in the light of modern discussions around correlationism. These discussions, in one way or another, make phenomenology come around to the classical distinction between the phenomenon and the thing-in-itself, with the help of which Kant outlines the field of ethics as a special world lying on the other side (...) of the correlation of knowledge and object constitutive for nature. Philosophy deals with the thing-in-itself in the proper, positive sense of the word, not as phenomenology (transcendental philosophy, which reveals the correlation of knowledge and reality in the world of phenomena and the futility of attempts by theoretical reason to know anything beyond phenomena), but as a critique of practical reason. The article attempts to consider the opposition of the thing-in-itself and the phenomenon in the context of the criticism that Kant’s practical philosophy is subjected to in Hegel’s The Phenomenology of Spirit and to explicate the arguments that this criticism makes available to phenomenology for rethinking the problem of Ding an sich and the ethical dimension of the epoche. The first part of the article examines the Hegelian analysis of the main contradiction contained in the Kantian opposition of duty as something that is in itself, and nature as a phenomenon (this opposition forms what Hegel calls the moral worldview): duty does not depend on nature and therefore does not need natural (phenomenal) realization in actions, but at the same time, duty is nothing but the necessity of actions and, consequently, the necessity of a phenomenon. This contradiction, as Hegel shows, leads to the disintegration of the moral worldview and, thus, turns into the sublation of the absolute separation of duty (thing in itself) and nature (phenomenon). The restitution of the difference between the moral an sich and the phenomenon within conscience — a phenomenon that arises as a result of the destruction of the moral worldview — turns into a new paradox, which demonstrates that the thing-in-itself (ethical good), since it is freed from the phenomenon, is not only unreal, but also turns into its own opposite. The paradox consists in the fact that the consciousness of duty, taken in its independence from the phenomenal realization in actions, becomes evil itself, turning to hypocrisy in the moral judgment about other people’s actions. In the second part of the article, the significance of the Hegelian critique of Kant’s practical philosophy for the phenomenological destruction of the difference between the thing-in-itself and the phenomenon and the problematization of the ethical dimension of the phenomenological method is explicated. Tracing the naive origins of this difference in the natural attitude and their transformation in Kantian philosophy, the author tries to consider the sublation of the opposition of the thing-in-itself and the phenomenon in the field of ethics as one of the possible paths to phenomenology. It is shown how the necessary relation of the supra-worldly an sich with the situational nature of its phenomenal realization in actions calls into question the possibility of a phenomenological epoche. The author also seeks to demonstrate that the problematization of the difference between the thing-in-itself and the phenomenon does not turn phenomenology into a system in the Hegelian sense. (shrink)

After a brief and informal explanation of the Gödel’s theorem as a version of the Epimenides’ paradox applied to Elementary Number Theory formulated in first-order logic, Lucas shows some of the most relevant consequences of this theorem, such as the impossibility to define truth in terms of provability and so the failure of Verificationist and Intuitionist arguments. He shows moreover how Gödel’s theorem proves that first-order arithmetic admits non-standard models, that Hilbert’s programme is untenable and that second-order logic is not (...) mechanical. There are furthermore some more general consequences: the difference between being reasonable and following a rule and the possibility that one man’s insight differs from another’s without being wrong. Finally some consequences concerning moral and political philosophy can arise from Gödel’s theorem, because it suggests that – instead of some fundamental principle from which all else follows deductively – we can seek for different arguments in different situations. (shrink)

In this paper, I take for granted that, today, something is radically wrong metaphysically with Western culture. I maintain that this problem arises, as Marcelsays, from the very depths of our being. This paper’s purpose is to consider some aspects of Marcel’s metaphysical teaching, especially about our need tostart philosophizing in the concrete, not the abstract, situation, to battle against the spirit of abstraction, and use these reflections for the practical purpose ofconsidering what sorts of steps we need to (...) take at the present moment to recover philosophical practice in the postmodern age. Within the context of this paper,I argue that Marcel is a realist humanist in the tradition of Plato and Aquinas whose battle against the spirit of abstraction is fundamentally a fight againstnominalism and sophistry. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cognitive Error and Contemplative Practices:The Cultivation of Discernment in Mind and HeartWesley J. WildmanBrains are amazing organs in all creatures with central nervous systems and especially in human beings. But they are not perfect. Without forgetting the larger success story of cognitive evolution, I want to explore the way that cognitive biases sometimes produce errors in both religious and secular social settings and how such errors can be diagnosed (...) and corrected when they occur. This will involve noticing that error diagnosis and correction is a process that certain social groups have a vested interest in resisting or neglecting, in some respects, while the very same social groups may furnish resources that support the detection of cognitive errors, in other respects.This presents a moral quandary for both secular and religious groups. Should we educate children to be fully aware of their cognitive vulnerability to advertising, thereby learning how to resist and eventually become immune to one of the fundamental power sources of modern market economies? Should religious groups explain to young people their cognitive tendencies to posit the action of supernatural beings whether or not any such action exists, even though this may disrupt the power of religious groups to forge bracing social togetherness that supports psychologically useful coping skills? While I do not seek to answer such complex moral questions in this paper, I do argue that knowledge of cognitive biases and the resulting tendencies to cognitive error, self-defeating behaviors, and self-deception should be made available to those individuals and groups who are interested in promoting a high degree of critical self-awareness in the analysis of beliefs and behaviors in both secular and religious contexts.The term "error" is a potentially problematic one in that it misleadingly suggests that there might be a uniquely correct way in which cognition should work. I do not wish to suggest such a binary opposition. After all, biases exist in the human cognitive system either because they have been selected in the evolutionary process for their survival benefits or because they are side effects of other traits selected for their usefulness. My concern is with the wondrous human discovery that we can analyze [End Page 61] our behaviors and beliefs with such precision that we can sometimes detect when our cognitive biases produce mistaken beliefs and self-defeating behaviors. This forms the basis for my contention that cognition can often work better than it does—more accurately, less self-destructively—when tendencies to cognitive error are diagnosed, corrected, and perhaps even systematically resisted.The profound irony here is that the very same social groups (secular and religious) with an obvious vested interest in resisting such enlightenment in some respects can also promote processes of discernment and insight in other respects. Existing literature in the cognitive psychology of religion rarely bothers with such subtleties. It is common to assume that simply to notice the operation of cognitive biases in religion—say, in supporting belief in supernatural entities who providentially interact in human affairs, or in establishing and reinforcing people's willingness to defer to certain kinds of religious authority—is at the same time to establish the presence of rampant cognitive error, massive resistance to diagnosing and correcting it, and thus the infliction of pernicious cruelties on young children who have no way of escaping the resulting irrational indoctrination.This moral reflex to condemn religious groups because of their characteristic reluctance to acknowledge the role of cognitive biases in their beliefs and practices is understandable given the irrationality, ignorance, or denial that such reluctance suggests. I frankly acknowledge that I share this moral concern. But the actual complexities of religious practice demonstrate that the situation demands a subtler evaluation. Resistance to awareness of cognitive biases exists both inside and outside religious groups; economic and political practices in all eras and of all types have every bit as much to gain from neglecting to enlighten people about their cognitive operations as religious groups do—just consider the techniques employed in commercial advertising and political campaigns. Moreover, religious groups also promote methods of discernment and self-awareness that have historically been, and continue to be, the dominant method by which... (shrink)

Provider claims to conscientious objection have generated a great deal of heated debate in recent years. However, the conflicts that arise when providers make claims to the "conscience" are only a subset of the more fundamental challenges that arise in health care practice when patients and providers come into conflict. In this piece, the author provides an account of patient-provider conflict from within the moral tradition of St. Thomas Aquinas. He argues that the practice of health care providers (...) should be understood as a form of practical reasoning and that this practical reasoning must necessarily incorporate both "moral" and "professional" commitments. In order to understand how the practical reasoning of provider should account for the needs and commitments of the patient and vice versa, he explores the account of dependence provided by Alasdair MacIntyre in his book Dependent Rational Animals. MacIntyre argues that St. Thomas’ account of practical reasoning should be extended and adapted to account for the embodied vulnerability of all humans. In light of this insight, providers must view patients not only as the subjects of their moral reflection but also as fellow humans upon whom the provider depends for feedback on the effectiveness and relevance of her practical reasoning. The author argues that this account precludes responsive providers from adopting either moral or professional conclusions on the appropriateness of interventions outside the individual circumstances that arise in particular situations. The adoption of this orientation toward patients will neither eradicate provider-patient conflict nor compel providers to perform interventions to which they object. But this account does require that providers attend meaningfully to the suffering of patients and seek feedback on whether their intervention has effectively addressed that suffering. (shrink)

Both Millikan’s brand of naturalistic analytic philosophy and Husserlian phenomenology have held on to teleological notions, despite their being out of favor in mainstream Western philosophy for most of the twentieth century. Both traditions have recognized the need for teleology in order to adequately account for intentionality, the need to adequately account for intentionality in order to adequately account for meaning, and the need for an adequate theory of meaning in order to precisely and consistently describe the world and life. (...) The stark differences between their accounts of these fundamental concepts stem from radically different conceptions of the world, the natural and life. I argue that Millikan’s teleosemantic approach relies on a teleology of determination by means of the lawfulness of nature that leaves no room for the freedom of self-determination, for reason, or for experience—for the reality of lived human life. In contrast to Millikan’s account, Husserl’s transcendental phenomenology situates teleology as a function of reason and first-personal experience, part of an extended account of intentionality and meaning according to which the full range of our making sense of the world is conceived as a rational activity that is itself a part of that world, and not an unnatural activity to be separated from it. While Husserl’s account of these issues is indeed symptomatic of what Millikan calls “meaning rationalism,” I argue that it is immune to the sorts of problems she claims will plague any such account, since these problems arise only against the background of a set of presuppositions about intentionality that Husserl does not share. Husserl’s position can itself be understood to be within the bounds of a suitably liberal conception of naturalism, and interpreting him in this way it has the added benefit—contra Millikan—of not divorcing teleology from reason, the latter construed as our first-personal striving to make sense of the world as we experience it—of life. (shrink)

In facing up to life and its challenges, questions inevitably arise. Different situations provoke specific questions mostly trivial but frequently fundamental always seeking some kind of answer. While the transition from question to quest is a rather natural one for human beings and the need for answers is a serious human demand, the quest itself is significant, precisely because it is a human task. This book offers a number of literary-philosophical enquiries into these challenges of life. But it is (...) the one set of quests stimulated, deepened and widened by literature and philosophy as well as developed in a literary and philosophical way. Among the topics covered are: the search for meaning in life, the quest for wisdom, the aim of moral striving, the need for community life, the importance of relationships, the challenge of suffering, the desire for deliverance, and the longing for immortality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE SPLENDOR OF ACCURACY.· HOW ACCURATE? WILLIAM E. MAY Pope John Paul II Institute for Studies on Marriage and Family Washington, D.C. I N THE introduction to the collection of essays published under the title The Splendor ofAccuracy: An Examination of the Assertions made by Veritatis Splendor,1 Joseph Selling and Jan Jans write that the "central question that needs to be posed to the text of Veritatis Splendor" concerns (...) the audience and situation its author has in mind (p. 9). They maintain that it appears to be addressed to "universal pastors (priests trained in seminaries) who (should) have one set of universal solutions to every conceivable pastoral problem one might face, anywhere, anytime" (p. 9). Assuming that this is indeed the case, they then say that the "best way to interpret what Veritatis Splendor says" is "from the point of view of the pastors and their educators" and that the Encyclical finds serious problems here (p. 9). Notwithstanding the unmistakable implication of the book's title, the subtitle, and, as we shall see, several of its main essays, the editors claim that neither they nor the contributors to the volume "wish or intend that this study be understood as a challenge or a rebuke to the teaching of the magisterium in the encyclical" (p. 10). Rather, they wish to "respond to the assertions made in the encyclical that give the impression of pointing to serious problem areas in contemporary Roman Catholic moral 1 Joseph Selling and Jan Jans, eds., The Splendor of Accuracy : An Examination of the Assertions made by Veritatis Splendor (Kampen: Kok Pharos Publishing House; Grand Rapids, Mich.: Eerdmans, 1994). 465 466 WILLIAM E. MAY theology as it is being researched and taught in any number of seminaries, universities and institutions of higher learning" (p. 10). I believe that Selling and Jans seriously misconstrue the purpose of Veritatis Splendor. It is surely not intended to equip priests trained in seminaries with "one set of universal solutions to every conceivable pastoral problem one might face, anywhere, anytime." Rather its stated purpose is to set forth clearly "certain aspects of doctrine which are of a crucial importance in facing what is certainly a genuine crisis" (VS, n. 4) and to address this crisis by presenting "the principles of a moral teaching based upon Sacred Scripture and the living apostolic Tradition, and at the same time to shed light on the presuppositions and consequences of the dissent which that teaching has met" (n. S). In particular, the "central theme" of the Encyclical, as identified by John Paul II himself, is to reaffirm the Church's teaching that there are "intrinsically evil acts" prohibited "always and without exception" by universally valid and immutable moral prohibitions (n. 115). John Paul II likewise emphasizes that the "morality of the human act depends primarily and fundamentally on the 'object' rationally chosen by the deliberate will" (n. 78) and that "reason attests that there are objects of the human act which are by their nature 'incapable of being.ordered' to God because they radically contradict the good of the person made in his image" (n. 80). Human acts specified by objects of this kind are the intrinsically evil acts prohibited by absolute moral norms, the teaching which constitutes, as has been noted, the "central theme" of the Encyclical. Thus the pope repudiates, as incompatible with Catholic teaching, those moral theories which deny that one can judge an act immoral because of the kind of "object" freely chosen and consequently deny that there are intrinsically evil acts of this sort and, corresponding to them, absolute moral norms (cf. nn. 74-77, 79). While repudiating these theories, John Paul II does not name any contemporary Catholic theologians who espouse them. Some contemporary moral theologians who advocate the proportionalist method of making moral judgments are among the THE SPLENDOR OF ACCURACY 467 contributors to this volume, namely, Joseph Selling himself, Louis Janssens, and Bernard Hoose. In their contributions, Selling and Hoose name other theologians known for their advocacy of this moral theory, e.g., Joseph Fuchs and Richard A. McCormick. The purpose of the essays by Selling, Janssens, and Hoose seems to be, as shall be seen... (shrink)

Dilemma situations involving the choice of which human life to save in the case of unavoidable accidents are expected to arise only rarely in the context of autonomous vehicles. Nonetheless, the scientific community has devoted significant attention to finding appropriate and acceptable automated decisions in the event that AVs or drivers of AVs were indeed to face such situations. Awad and colleagues, in their now famous paper “The Moral Machine Experiment”, used a “multilingual online ‘serious game’ for collecting large-scale (...) data on how citizens would want AVs to solve moral dilemmas in the context of unavoidable accidents.” Awad and colleagues undoubtedly collected an impressive and philosophically useful data set of armchair intuitions. However, we argue that applying their findings to the development of “global, socially acceptable principles for machine learning” would violate basic tenets of human rights law and fundamental principles of human dignity. To make its arguments, our paper cites principles of tort law, relevant case law, provisions from the Universal Declaration of Human Rights, and rules from the German Ethics Code for Autonomous and Connected Driving. (shrink)

Moral epistemology (henceforth ME) has been spoken of as a subject matter in its own right by philosophers in the last few decades and yet the delineation of ME as a sub-discipline remains uncharted. Many eminent scholars with rich contributions have not explicitly defined the scope or demarcation of this emerging field. Drawing from their writings, the paper tries to show that philosophers working on ME either conceptualise it as an application of epistemology to moral beliefs or as (...) encompassing issues of epistemic access to moral truths. The paper contends that such conceptions of moral epistemology are not rigorous enough to warrant a discrete sub-discipline. This puts the paper in disagreement with those scholars who justify the creation of a subject-specific ME. David Copp and Todd Stewart figure prominently among such attempts. Copp and Stewart justify ME to be a separate epistemology, by alluding to the normative nature of moral beliefs, and through the introduction of emotions into the mix, respectively. The paper tries to show that neither normativity nor emotions appear to be robust enough to create a distinct epistemology. The predicament of moral epistemologists arises from the fact that while the practitioners seem to be keen on establishing ME as a discrete sub-discipline, they end up subsuming it under a general epistemology and fail to justify the need for such a subject-specific epistemology. The only way out of this quandary, the paper asserts, is to treat ME more as a methodological project that involves extending general epistemic tools to moral beliefs as a specific case, and not as a specialised topic-specific epistemology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:John Rawls's Originary Theory of JusticeEric Gans (bio)The fundamental thesis of generative anthropology is that the principal concern of human culture is and has been from the outset to defer the potential violence of mimetic desire. To this mode of thought, constructing a model of the good society in any but the general terms of "exchange" and "reciprocity" is unfaithful to the human community, whose operations have been (...) from the beginning beyond the grasp of any individual mind within the society, and in which since the rise of the market system we participate largely unmediated by ritual. Rather than providing a template for the "good society," originary thinking provides a touchstone for ethical progress: act so as to contribute to reciprocal exchange, negatively, by aiding those who need help to participate in the exchange system more fully, and positively, by creating new foci of desire that enrich the system of exchange, the circulation of desire and satisfaction. The result of these acts is to reduce or "defer" resentment, negatively, by removing grievances, and positively, by creating new opportunities for recycling resentment into productive activity.These precepts notwithstanding, the "moral model" of reciprocal exchange, as exemplified in the exchange of signs around the sacred center in the hypothetical originary event, provides the basis for a recurrent temptation to create utopias. The theoretical gesture of measuring a given social order against a moral ideal is an extension of the moral intuition we apply in judging all human actions; whatever our degree of resignation, we cannot help but resent any suggestion—even when it is "objectively" false—that we have been victims of a failure of reciprocity. Both the theory and the personal intuition are direct descendants of the originary exchange of representations, as are the moral "theories" that are explicitly grounded in the sacred. Abstract moral theorizing must ultimately appeal to either transcendence or intuition, and the appeal to the former differs only in its rhetoric from the appeal to the latter.Finally, these "timeless" reflections must be situated in history. Determining the proper relationship between universal morality and historically [End Page 149] particular ethics poses a particularly acute problem in the postmodern era. The question that has remained with us since the end of World War II is how to overcome the paralysis of Auschwitz—how to acknowledge the necessary deferral of reciprocity without condoning genocide. If we hold history's institutions to the touchstone of the moral model, they will always be found wanting, yet this historical experience tells us that if we do not so hold them, anything is possible. The fact that accusations of Nazism (or "fascism") continue to be made today—notably against Israel itself—is a sign that the moral dilemma has not yet been resolved. But unlike metaphysical thought, originary thinking takes the Holocaust as a sign not of the need to construct a social model that will resolve this dilemma, but of the inappropriateness of confronting it directly. Making the world a better place not only does not require but is in fact incompatible with a prior image of the world made good.The most serious attempt by mainstream Anglo-American social thought to grapple with this postmodern quandary is that of the late Harvard philosopher John Rawls (1921–2002), whose A Theory of Justice (1971) remains the era's most important work of moral philosophy. To sum up in my own terms Rawls's basic idea: if we imagine ourselves in an "original position" when society has not yet come into existence, so that our (future) place in it is hidden from us by a "veil of ignorance," then we will be able to agree on the criteria of a good society, since our uncertainty will convince us all equally of the necessity to protect ourselves from unfairness in the event we are assigned one of society's less desirable roles. We may then accept this imaginary agreement, unbiased by the participants' knowledge of their eventual social role, as universal humanity's most just arrangement. Rawls considers that under these conditions any inequality in the overall distribution of social goods can be justified only if it produces a margin of... (shrink)

Alan Donagan, in The Theory of Morality, famously claims that the principles of “common morality” (i.e., the morality of the Judeo-Christian tradition) form a consistent system that can be derived from a single fundamental principle: It is impermissible not to respect every human being, oneself or any other, as a rational creature. In particular, I want to show that the prohibition contained in the fundamental principle is interpreted by appeal to prior convictions about particular sorts of cases, whether (...) they involve the violation of “respect” or not, and that this has unfavorable consequences for Donagan’s claim that the principles of common morality form a truly deductive system of morality. (shrink)

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account (...) of the circumstances in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

Moral particularism denies that moral reasons present in particular cases depend on any suitable provision of moral principles. If they did, there should be invariable reasons. But reasons are holistic: whether a consideration is a reason may vary with the context. This work responds to particularism with a moderate form of generalism, according to which it is compatible with reasons holism that moral reasons are fundamentally determined by moral principles. The holism of reasons is explained (...) by construing moral principles as hedged: they determine reasons that are invariable, but only given the presence of certain suitable conditions. Both what may function as a reason and what may function as a suitable condition is determined by the given principle's normative basis---the basis on which we attribute to reasons normative force capable of justifying action. Such determinations don't happen fundamentally on a case-by-case basis, but instead set on the holism of reasons the sorts of antecedent constraints that particularism cannot accept. So, although the view rules out standard forms of generalism, it doesn't collapse into particularism. The moderate generalist view of moral metaphysics is argued also to ground better explanations of the relevant sorts of moral facts than its particularist rivals. It is also argued that generalism can regard moral principles as necessary for good moral deliberation without requiring that the deliberator represent them to herself in explicit propositional form. Psychologically, the grasp of moral principles that is required for proper responsiveness to reasons determined by principles may simply structure one's capacity to be responsive to reasons. Finally, on moderate generalism, overall moral verdicts about particular cases are a function of the relative strengths of the reasons present in them. It is argued, from the structure of value and evaluative comparisons, that the relative strengths of reasons are determined not by priority principles that order competing principles but by evaluative comparisons of the alternatives for which the competing principles specify reasons. A plausible moral epistemology is sketched on which the context-sensitivity of such comparisons doesn't make them too weak to justify moral verdicts. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

David Nivison has argued that Mèngzǐ 孟子 postulates only one source of moral motivation, whereas Mèngzǐ’s rival thinkers such as Gàozǐ 告子 or the Mohist Yí Zhī 夷之 additionally postulate “maxims” or “doctrines” that are produced by some sort of moral reasoning. In this essay I critically examine this interpretation of Nivison’s, and alternatively argue that moral emotions in Mèngzǐ, basically understood as concern-based construals, are often an insufficient source of moral action, and an additional (...) source of moral motivation, specifically a conviction or judgment of what is the right thing to do in a certain situation in question, is often necessary for one to complete a moral action. This implies that Mèngzǐ should be interpreted to postulate two sources of moral motivation just as his rival thinkers do, namely moral emotion on one hand and judgment and practical reasoning on the other. (shrink)