This chapter contains sections titled: The Idea of an Exceptionless Moral Norm The Role of Exceptionless Precepts in Moral Thinking Exceptionless Rules and Consequentialism The Casuistry of Exceptionless Rule Approaches References.

While there is a large and ever-expanding body of work on the fields of business ethics and corporate social responsibility, there is a noted absence of a single source on the methodology and research approaches to these fields. In this book, the first of its kind, leading scholars in the fields gather to analyse a range of philosophical and empirical approaches to research in business ethics and CSR. It covers such sections as historical approaches, normative (...) and behavioural methodologies, quantitative, qualitative and experimental perspectives, grounded theory and case methodologies, and finally a section on the role of the researcher in research projects. This book is a valuable and essential read for all researchers in business ethics and CSR, not only for those starting out in the fields, but also for seasoned scholars and academics. (shrink)

This article provides an overview of recent, empirically supported categorization schemes that have been proposed to distinguish different kinds of norms. Amongst these are the moral–conventional distinction and divisions within moral norms such as those proposed by moral foundations theory. I identify several dimensions along which norms have been and could usefully be categorized. I discuss some of the most prominent norm categorization proposals and the aims of these existing categorization schemes. I propose that we (...) take a pluralistic approach toward categorizing norms: Depending on our goals, it may be useful to focus on different features of norms, and as a result, it will be useful to categorize norms in multiple ways. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Being the Right Kind of Parent:Conceiving PeopleCamisha Russell (bio)Daniel Groll's Conceiving People makes one central claim regarding the ethics of using egg or sperm donations to create a child (that one intends to parent): "[P]arents should use an open donor because doing so puts their resulting child in a good position to satisfy the child's likely future interest in having genetic knowledge" (Groll 2021, 12, original italics).Amid myriad (...) thorny ethical questions surrounding assisted reproduction, Groll's decision to focus on a choice that intended parents in need of donor gametes must make before their future child is even conceived—a choice that is typically taken very seriously—makes a lot of sense. The question is live, rarely completely determined as a matter of policy or law, and, as Groll demonstrates, important to most donor-conceived people (and therefore to the families of which they are a part). For this increasing number of individuals and families, a cultural shift in how we think about open versus anonymous donors would have a significant (and as Groll argues, positive) impact.Groll's carefully built argument is important not only for the paths of ethical reasoning that it highlights, but for those common rationales it gently but firmly sets aside (e.g., the donor-conceived person's medical need to know their genetic history or the idea that knowledge of one's genetic origins is the best or only way to truly know oneself). Groll's work is attentive to the types of relationships that foster the emotional health of families, and it's grounded in the experiences and desires articulated by donor-conceived people themselves. For this reader, these are the book's greatest strengths, along with the fact that Groll is often quite funny in his examples, which makes the examples highly relatable.Of course, the challenge for philosophers in writing books of ethical importance for "laypeople" is to offer something an average educated adult can understand while addressing the more technical theoretical issues that matter to ethicists. I would expect Groll's text to satisfy ethicists because his definitions and distinctions are scrupulously clear, and he engages the existing philosophical literature well. As for laypeople, there are surely a few moments in which they will find themselves in the theoretical weeds, so to speak, but Groll has [End Page 193] successfully made the book largely modular, such that they should get a lot from just reading the chapters of direct interest (Groll 2021, 29).Chapter 2, "Keeping Secrets," is essential for intended parents seeking ethical guidance. Groll notes that professional opinion on donor conception has shifted from seeing nondisclosure of a child's donor-conceived status as a moral requirement (to protect privacy and avoid family stigma) to recommending disclosure. He then reviews standard arguments for disclosure: (1) the "profound importance" of known genetic origins to health identity formation, (2) the medical importance of knowing to whom you are (and are not) genetically related, and (3) the harm that keeping secrets can do to family members and family functioning. While Groll agrees with the latter two arguments, he introduces and emphasizes a new argument: the Intimacy argument, in which he convincingly argues that keeping a child's genetic origins secret "violates norms of intimacy by creating distance between parents and children that is at odds with the demands of intimacy in the parent-child relationship" (Groll 2021, 44, original italics). Though, in many ways, this chapter's argument is separate from the central argument for the use of open donors constructed in the rest of the book, I find it compelling and wonder whether it could hold up more of the open donor argument, placing less weight on the Significant Interest view that Groll introduces in the next chapter (and the concerns regarding bionormativity that emerge from that view).In the third chapter, Groll moves from disclosure to the information that's available to be disclosed. That is, it is one thing to commit to telling a child they were donor-conceived after conception. It is another to commit before conception to choosing a donor willing to be known to the future child when... (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

This paper is a preliminary investigation into the application of the formal-logical theory of normative positions to the characterisation of normative-informational positions, pertaining to rules that are meant to regulate the supply of information. First, we present the proposed framework. Next, we identify the kinds of nuances and distinctions that can be articulated in such a logical framework. Finally, we show how such nuances can arise in specific regulations. Reference is made to Data Protection Law and Contract Law, among others. (...) The proposed approach is articulated around two essential steps. The first involves identifying the set of possible interpretations that can be given to a particular norm. This is done by using formal methods. The second involves picking out one of these interpretations as the most likely one. This second step can be resolved only by using further information (e.g., the context or other parts of the regulation). (shrink)

Within cognitive science, mental processing is often construed as computation over mental representations—i.e., as the manipulation and transformation of mental representations in accordance with rules of the kind expressible in the form of a computer program. This foundational approach has encountered a long-standing, persistently recalcitrant, problem often called the frame problem; it is sometimes called the relevance problem. In this paper we describe the frame problem and certain of its apparent morals concerning human cognition, and we argue that (...) class='Hi'>these morals have significant import regarding both the nature of moral normativity and the human capacity for mastering moral normativity. The morals of the frame problem bode well, we argue, for the claim that moral normativity is not fully systematizable by exceptionless general principles, and for the correlative claim that such systematizability is not required in order for humans to master moral normativity. (shrink)

The thesis attempts to provide a real definition of religion and argues that this is less problematic than is often assumed. It begins with a brief introduction which outlines why it is attractive to subject the attempt to define religion to a philosophical investigation. It is argued that defining religion is interesting because it is something which appears difficult to do, which scholars of religion often oppose, and which has practical implications. In addition, defining religion provides an opportunity to address (...) fundamental philosophical issues (such as defining, social kinds, and theories of concepts) and theoretical questions concerning the study of religion. The introduction also mentions the difficulties these kinds of interdisciplinary enterprises are bound to meet because of differences in terminology and academic traditions. Part I is concerned with the philosophical, historical, and methodological issues in discussions necessary to pave the way for the attempt to provide a definition of religion. The first chapter addresses some fundamental philosophical issues concerning defining as a philosophical activity. It is argued that the traditional focus on natural kind concepts in discussions about defining needs to be supplemented with considerations about domain specificity and differences between social kinds. It is also argued that empirical findings from cognitive psychology are relevant to conceptual analysis and that two-dimensional semantics provides a productive approach to an analysis of the concept of religion. The chapter concludes with describing an approach to defining religion. The second chapter is also concerned with methodological questions and considers the potential contributions empirical studies of the concept of religion could make to the study. Some outlines of potentially useful studies are suggested, and pros and cons for including them in the present study are weighed up. The chapter concludes with drawing a distinction between essential and non-essential elements and assessing their relative importance in a definition. The third chapter offers, first, an overview of historical issues: the history of the term ‘religion’, the problem of determining the content of historical philosophical concepts of religion, and the history of the discussion about defining religion within the study of religion. The major conclusions of these sections are that the term ‘religion’ is likely to be a homonym and that several theoretical discussions have been intertwined in the historical debates about definitions of religion. The second part of the chapter discusses traditional fundamental issues in the study of religion in order to disentangle the discussion about definition from related discussions (about e.g. methods and religious (anti-)realism). It is concluded that an essentialist view on defining religion is not necessarily a return to apologetic approaches to religion. The fourth chapter offers an overview of positions for and against realism concerning religion and the possibility of providing a definition of religion. Important distinctions are drawn between two kinds of conceptual essentialism (related to definition) and two kinds of ontological essentialism (related to theories). A discussion of the various forms of essentialism concludes that a ‘soft essentialist’ approach to defining religion is preferable. It is also concluded that constructivist and other anti-realist objections to providing a real definition of religion are less obvious than is often assumed because they fail to offer a detailed account of the supposed ‘construction’ that is free of realist assumptions. They also appear to rely on controversial philosophical assumptions. The second part of the thesis is concerned with providing a definition of religion. It begins in chapter five with an overview of some multifactorial, or ‘soft essentialist’, approaches to defining religion. The purpose of this is to prepare the ground for the conceptual analysis, which opens with a discussion of various aspects of religion. Ten possible candidates for necessary and/or sufficient conditions for religion are discussed in order to determine their importance in a definition of religion. It is concluded that although many aspects are typical and/or relevant, only certain cognitive, normative, and practical aspects are necessary conditions for religion. It is also concluded that the necessary conditions for a religious cognitive aspect is supernatural and normative content of a certain scope combined with a certain attitudinal character. The chapter ends with a model of the working definition based on these intermediate conclusions. Chapter six contains the second step in the conceptual analysis. It confronts the working definition with various cases of more or less contested examples of religion or other systems of beliefs and practices in order to assess whether the definition needs revisions. The following discussions of special cases of beginning and ceasing of religious traditions, persons, and objects serve the same purpose. It is concluded that a revision of the working definition is unnecessary. Chapter seven concludes part II by tying up a few loose ends concerning the definition, some methodological aspects, and theories of concepts. The third and last part of the thesis contains, first, a brief discussion of practical implications of definitions of religion. Chapter eight illustrates the practical importance of a definition of religion by addressing the issue of the so-called ‘politics of defining religion’. It argues that scholars of religion as such are not unjustified in entering the debate about definitions, and it recommends efforts are made to separate discussions about defining religion from discussions about using definitions of religion as political tools. The final chapter of the thesis sums up important findings and insights of the study and points to some natural limitations. I warn that this study is only a rough outline of how a definition can be provided and which theoretical discussions lie behind such an attempt. Yet I also conclude that defining religion is a rewarding case study because it offers an opportunity to discuss fundamental questions in both philosophy and the study of religion while at the same addressing an interesting issue with immediate practical implications. (shrink)

The normative dimension of language and thought has been cited recently in arguments against naturalist reductions of the intentional--of meaning, belief, and desire. These arguments have been met with much scepticism, primarily because their proponents say little about the kind of 'normativity' on which they depend. There is, however, a rich tradition in ethics of thinking about the nature of the normative, and why it might pose a problem for naturalist reduction. ;In this dissertation, I bring the discussions (...) in language and ethics together, arguing that doing so lends clarity and plausibility to the objections to naturalist reduction in both fields. In Part I, I draw from ethics to characterize normativity, and to explain how it provides a barrier to naturalistic reduction. In doing so, I respond to two common criticisms of irreducibility arguments in ethics: that they only show the irreducibility of our concepts of the ethical, not of ethical properties; and that they depend on outdated views of conceptual analysis. I argue that both objections misfire, though for interesting reasons, and that the anti-reduction argument succeeds. ;In Part II I use the characterization of normativity to shed light on recent arguments against reducing the intentional. I examine two prominent authors who have advanced such arguments, Saul Kripke and Donald Davidson. In addition to fleshing out and defending each of their arguments, I develop a general challenge to any reductive approach. The proposal is that intentional items have an essential capacity to define a context of reasons, something to which no naturalist reduction can do justice. ;In Part III I consider a new trend toward non-reductive forms of naturalism. I argue that most current non-reductive accounts also fail to accommodate the requisite normativity. But if the non-reductive, naturalist approach is developed in a certain direction, one which depends on the idea of response-dependency, it can capture just the kind of normativity that is needed. In closing, I briefly defend such an approach to both intentionality and value. (shrink)

The anthology contains twenty-two essays and is divided into two parts. The essays are, in the main, critical responses to aspects of what has come to be known in action theory as the ‘Standard View’ – the view that traces back to Donald Davidson's contribution to twentieth-century philosophy of action. The view under criticism treats actions as bodily movements caused in a non-deviant way by belief–desire pairs, construes these belief–desire pairs as the primary reasons for the actions that they (...) cause, and embraces event-causality.The issue of how we should conceive of action is taken up in several essays. For example: in Essay 1, Fred Dretske challenges the view that actions are external events that are the effect of the reasons for which the action is done. In Essay 16, Helen Steward, proposes that, instead of treating the availability of a reason-giving explanation as essential to action, we should construe action as ‘an exercise of the power of bodily control by an animal’. In Essay 21, Jonathan Dancy argues for a deflationary approach to actions, which forgoes treating actions ‘as individuals, with identity conditions’.Other authors – for example, Stephen Everson, Rowland Stout and Maria Alvarez – focus on the issue of what reasons for action are. Are they psychological states, or propositions, or states of affairs? Also under review is how to distinguish different kinds of reason: normative and explanatory reasons, and even explanatory and motivating reasons. (shrink)

In this book, Rhodes provides a nonevaluative account of coercion. He begins with a thorough discussion of the charge that coercion is an essentially contested concept. He argues that effective communication of regulations pertaining to human conduct requires a basic level of clarity as to the kind of conduct being regulated. Accordingly, he argues that before we prescribe or proscribe conduct, we should describe it. In short, he maintains that wherever possible description should precede prescription and proscription. Rhodes begins (...) his descriptive project by providing a fundamental account of human motivation. Upon this foundation he supports his distinctions between threats, offers, throffers, and neutral proposals. He argues that all coercion claims can be understood in light of these components. He applies this analysis to three prominent accounts of coercion as advanced by F.A. Hayek, Harry Frankfurt, and Robert Nozick. After comparing and contrasting these views, Rhodes provides his own account. Rhodes's account is based upon the identification of what he refers to as perceived-threat-avoidance-behavior as a necessary condition for coercion. As a descriptive, or nonevaluative, account, Rhodes is able to identify coercion independent from normative judgments. He argues that it is not the wrongfulness of some conduct that makes it coercion, instead, it is the coerciveness of some conduct that makes it wrong. Unique to Rhodes's account, coercion is not necessarily wrong. As a descriptive account, his view permits an independent analysis of the moral status of an act of coercion. The book concludes with a discussion of the normatively significant variables of a coercion claim. (shrink)

The present essay is about this problem of the intelligibility of incompatibilist freedom. I do not think Kant, Nagel and Strawson are right in thinking that incompatibilist theories cannot be made intelligible to theoretical reason, nor are those many others right who think that incompatibilist accounts of freedom must be essentially mysterious or terminally obscure. I doubt if I can say enough in one short paper to convince anyone of these claims who is not already persuaded. But I hope (...) to persuade some readers that new ways of thinking about the problem are necessary and, more to the point, that new ways of thinking about the problem are possible. As Nagel says, "nothing approaching the truth has yet been said on this subject." Parts V and VI of this paper present one new way of thinking about the problem. Parts II through IV prepare for this way by distinguishing and discussing two kinds of incompatibilist theories. (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:The Future of Environmental PhilosophyBen A. Minteer (bio)I think we should be deeply concerned about the future of environmental philosophy. It is the most marginalized of the applied ethics fields (which are often marginalized as a whole within traditional philosophy departments) and with few exceptions, it still has not made significant inroads into neighboring territories—including schools of public policy, natural resources/environment, planning, life sciences, and so on. In my (...) opinion, this is partly due to the general ideological pitch of the field and its narrow methodological orientation, at least historically. The neglect of alternative methods of inquiry, especially qualitative and quantitative work in the social sciences, is particularly troubling.Environmental ethics also has an image problem. In my experience, most natural resource professionals, policy scholars, engineers, and life scientists view our field with considerable skepticism, shaking their heads at what they see as arcane debates that do not touch upon the issues and challenges that motivate their own work. Many of our colleagues in the natural and environmental social sciences, for example, have little patience for the kind of metaethical discussions about intrinsic value, moral pluralism, etc., that have captured much of our attention in the past. They do not see what these kinds of arguments contribute to the scientific, policy, and management curricula, or what they add to their graduate students' training, or to their own research proposals. Typically, if a role for an environmental ethicist is recognized in such settings, it is often just to plug a personnel hole in an National Science Foundation proposal or to serve as a third or fourth reader on a graduate studies committee. Environmental ethics is at best an elective pursuit, it is not seen as essential.I'll be the first to admit that I have blood on my hands here (as do all of us, at least to the extent we have spent time and energy on debates over metaphilosophical issues in the field). And, of course, just because our environmental science and policy colleagues often do not see the true value of the field does not mean that it has no value. Still, I worry that the field seems to be falling into the chasm between traditional philosophy departments and environmental science, policy, and management programs. It is frequently deemed too applied and practical by many [End Page 132] philosophy departments, and too esoteric for schools of public policy, life sciences, and so on. This is not a good situation.How can we fix the image problem? Perhaps one approach would be to develop more solid links with our bioethics cousins (both philosophically and institutionally). There is a revealing story here about the different fortunes of bio- and environmental ethics, and I think we might learn from the success of the former. There will be barriers to such an alliance, however, some of which are intellectual (e.g., the rejection of conventional ethical categories and theories by many environmental ethicists is not shared by most bioethicists) while others are institutional (e.g., What practical shape would a "clinical" model of environmental ethics take? What is the market for this service? and so on).Another route would be to provide more organized and systematic attention to emerging, large-scale environmental science and policy issues—climate change, sustainability, poverty alleviation, and biodiversity loss, to name a few—that are (unfortunately, given their seriousness) viewed as "growth areas" in environmental science and policy studies. At my own institution (Arizona State University) we are moving away from an older departmental and disciplinary model to a more integrative institutional form and a transdisciplinary research culture. So, for example, we have a new school of global studies, a new school of sustainability, and so on. These are composed of a range of disciplines cutting across the natural, technical, and social sciences. There is certainly room in these initiatives and programs for a practical and progressive environmental ethics, but it must be conversant in subjects such as intergenerational equity, conservation science, economic valuation, environmental justice, and the normative dimensions of environmental science policy. I think there is an important role for us to play in these sorts of endeavors (which are popping... (shrink)

This thesis is concerned with a relaxed form of normative realism. Relaxed realists accept the existence of mind-independent normative truths, properties, and facts, but argue that normative truths do not have truthmakers and that normative properties and facts are not metaphysically robust. The thesis develops relaxed realism by responding to various objections and challenges. The first paper argues that relaxed realists can answer questions about normative language without their theory collapsing into one of the familiar theories in the literature or (...) becoming implausible. More specifically, contrary to Michael Ridge (2019), it argues that relaxed realists can embrace an inferentialist account of normative terms without their theory collapsing into naturalism or quasi-realism. The second paper offers an account of normative belief specifically designed for relaxed realists. It argues that relaxed realists can explain normative belief through a functionalist theory of mind. This proposal not only provides relaxed realists with an explicit explanation of normative belief but also distinguishes it from related theories, notably quasi-realist theories. In doing so, it addresses a previously unresolved dilemma raised by Ridge (2019) and Böddeling (2020) concerning the relaxed realist’s view of normative belief. The third paper clarifies and defends relaxed realism. It justifies the claim that normative truths do not have truthmakers by arguing that these truths are true not because of the existence of truthmaking entities but simply because of the way things are normatively. The fourth paper examines the kind of relaxed realist theory that Scanlon (2014) defends within a “domain-centered view” of existence and truth. The article highlights how this view makes relaxed realism more viable by defending it against objections based on substantive domain-independent ideas, such as the idea that all (synthetic) truths must have truthmakers. Additionally, it presents a distinct argument, different from the one presented in the third paper, to justify the claim that normative truths do not have truthmakers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Frede V. Nielsen, “Didactology as A Field of Theory and Research in Music Education”Marja HeimonenFrede Nielsen describes the two main aspects of music pedagogy as the normative (and prescriptive) and the descriptive (and analytical) aspects. As a precondition for his discussion, he explores some important concepts and terms such as Didaktik. He argues that it is impossible to translate and transfer certain concepts into English. The German (...) tradition, however, has influenced Scandinavian pedagogical discussion and the content of pedagogical terms and concepts in Denmark and Finland is usually congruent with German terminology. Therefore, Nielsen analyzes the German concepts carefully.An example from my own experience as a teacher of both pedagogy and didactics at the Helsinki Conservatory/Polytechnic may throw some light on this [End Page 98] matter from the Finnish perspective. The traditional title of the subject "piano pedagogy" (offered to students who aim to become instrumental teachers) was changed to "piano didactics" some years ago. The content of this course also changed in that alongside practical work (teaching) theoretical courses were also included. The reason for this change was expressed in the same terms that Nielsen presents in his paper: Didaktik (in Finnish didaktiikka) signifies both a theoretical and a practice-oriented approach to teaching.According to Nielsen, the principal question concerning Didaktik is What is the essential content in music education? This is a philosophical (as well as a legal) issue concerning the aims of education and the matter of who has the right to decide the content. These kinds of matters can also be drawn on a larger canvas: the education of human beings generally. Music education (especially in the context of general education) is not only concerned with the skills that will enable pupils to become competent musicians. On the contrary and more profoundly, it aims to broaden the mind and expand the possibilities of thought and feeling. According to several researchers (such as Estelle Jorgensen, Anthony E. Kemp, David Best, Matti Huttunen, and Heidi Westerlund) music teachers should cultivate a wide understanding of the meaning of education so that music education can relate to human experience and social practices.Nielsen has created four paradigms that might be used when the content of music teaching is formulated. The point of departure may be (a)the subject itself, music, (b)the pupil's culture (or the local culture); in other words, the micro-cultural level, (c)the social problems or conditions of democracy (the macro-cultural level), and/or (d)the fundamental existential condition of human beings. These paradigms do not exclude one another. I consider their function to resemble that of legal principles: they have to be weighed and balanced in a particular situation and context. One or several may, for some time, take priority and push the others into the background just as Nielsen argues. Legal principles are not used as legal rules, but they are "strong" as rules.Legal rules have been compared with rails: rules and regulations (just as rails) are either followed or not. This comparison to a train running on rails also clarifies the relationship between legal regulations and human behaviour: most of these rules are obeyed by habit without profound thinking about aims and principles (c.f. Nielsen's paradigms) behind the legal texts.The most important question Nielsen attempts to raise is the relationship between music and pedagogy (Didaktik). He points out that his aim is not to give normative regulations about what should or should not be taught. Raising questions is an important aim of philosophical research. However, this kind of research may also have normative implications. For instance, philosophical [End Page 99] questions regarding the aims and the content of a subject (such as music) are included in the planning of a National Curriculum (or the National Framework Curriculum formulated by the National Board of Education, as we used to have in Finland). This curriculum is normative: the regulations have to be obeyed when syllabi are formulated in schools at the local level. The Framework Curriculum includes several educational aims; for instance, "a good relationship to music" should be created between the pupil and music. The normative character of this kind of... (shrink)

Currently, there is a growing interest in combining genetic information with physiological data measured by functional neuroimaging to investigate the underpinnings of psychiatric disorders. The first part of this paper describes this trend and provides some reflections on its chances and limitations. In the second part, a thought experiment using a commonsense definition of psychiatric disorders is invoked in order to show how information from this kind of research could be used and potentially abused to invent new mental illnesses. (...) It is then argued why an inference to the best explanation could provide an antidote to such attempts. The conclusion emphasises why normative criteria, such as those used to define disorders, cannot be derived from descriptive empirical results alone. While the etiology of some psychiatric diseases may be purely organic, there are many other cases where the psychiatric symptoms and the associated genotypes and phenotypes have an essentially and irreducibly external meaning that is derived from social and political factors. A limited perspective on the genes and brain of man carries the risk that psychiatry may increasingly treat the effects of other domains, although social and political solutions would be more appropriate. (shrink)

This paper aims to solve a puzzle for instrumental conceptions of epistemic normativity. The puzzle is this: if the usefulness of epistemic norms explains their normative grip on us, why does it seem improper to violate these norms even when doing so would benefit us? To solve this puzzle, we argue that epistemic instrumentalists must adopt a more social approach to normativity. In particular, they should not account for the nature of epistemic normativity by appealing to the (...) goals of individual agents. Rather, they should appeal to norms or rules of inquiry that serve our collective goals. We argue that epistemic normativity grows out of our need to promote a deep kind of coordination in our basic epistemic practices. By subscribing to an appropriate system of norms, we can coordinate epistemic rule-following across the community. This makes testimony more trustworthy and reliable. This account not only solves a puzzle about epistemic instrumentalism but also sheds new light on the foundations of normativity and emphasizes the need for a truly social epistemology. (shrink)

Is there a right or wrong way to play a game? Many think not. Some have argued that, when we insist that players obey the rules of a game, we give too much weight to the author’s intent. Others have argued that such obedience to the rules violates the true purpose of games, which is fostering free and creative play. Both of these responses, I argue, misunderstand the nature of games and their rules. The rules do not tell us (...) how to interpret a game; they merely tell us what the game is. And the point of the rules is not always to foster free and creative play. The point can be, instead, to communicate a sculpted form of activity. And in games, as with any form of communication, we need some shared norms to ground communicative stability. Games have what has been called a “prescriptive ontology.” A game is something more than simply a piece of material. It is some material as approached in a certain specified way. These prescriptions help to fix a common object of attention. Games share this prescriptive ontology with more traditional kinds of works. Novels are more than just a set of words on a page; they are those words read in a certain order. Games are more than just some software or cardboard bits; they are those bits interacted with according to certain rules. Part of a game’s essential nature is the prescriptions for how we are to play it. What’s more, we investigate the prescriptive ontology of games, we will uncover at least distinct prescriptive categories of games. Party games prescribe that we encounter the game once; heavy strategy games prescribe we encounter the game many times; and community evolution games prescribe that we encounter the game while embedded in an ongoing community of play. (shrink)

This paper aims to review different discourses within the emerging field of ethical reflection on nanotechnology. I will start by analysing the early stages of this debate, showing how it has been focused on searching for legitimacy for this sphere of moral inquiry. I will then characterise an ethical approach, common to many authors, which frames ethical issues in terms of risks and benefits. This approach identifies normative issues where there are conflicts of interest or where challenges to the fundamental (...) values of our society arise. In response to the limitations of this approach, other commentators have called for more profound analysis of the limits of our knowledge, and have appealed to values, such as sustainability or responsibility, which should, they suggest, inform nanotechnological development (I will define this approach as a “sophisticated form of prudence”). After showing the ways in which these frameworks are limited, I will examine more recent developments in debates on nanoethics which call for the contextualisation of ethical discourse in its ontological, epistemic and socio-economic and political reflections. Such contextualisation thus involves inquiry into the ‘metaphysical research program’ (MRP) of nanotechnology/ies and analysis of the socio-economic, political and historical reality of nano. These ideas offer genuinely new insights into the kind of approach required for nanoethical reflection: they recover a sense of the present alongside the need to engage with the past, while avoiding speculation on the future. (shrink)

The ‘Wrong Kind of Reason’ problem for buck-passing theories (theories which hold that the normative is explanatorily or conceptually prior to the evaluative) is to explain why the existence of pragmatic or strategic reasons for some response to an object does not suffice to ground evaluative claims about that object. The only workable reply seems to be to deny that there are reasons of the ‘wrong kind’ for responses, and to argue that these are really reasons for (...) wanting, trying, or intending to have that response. In support of this, it is pointed out that awareness of pragmatic or strategic considerations, unlike awareness of reasons of the ‘right kind’, are never sufficient by themselves to produce the responses for which they are reasons. I argue that this phenomenon cannot be used as a criterion for distinguishing reasons-for-a-response from reasons-for-wanting-to-have-a-response. I subsequently investigate the possibility of basing this distinction on a claim that the responses in question (e.g. admiration or desire) are themselves inherently normative; I conclude that this approach is also unsuccessful. Hence, the ‘direct response’ phenomenon cannot be used to rule out the possibility of pragmatic or strategic reasons for responses; and the rejection of such reasons therefore cannot be used to circumvent the Wrong Kind of Reason Problem. (shrink)

Analytic moral philosophy's strong divide between empirical and normative restricts facts to providing information for the application of norms and does not allow them to confront or challenge norms. So any genuine attempt to incorporate experience and empirical research into bioethics – to give the empirical more than the status of mere 'descriptive ethics'– must make a sharp break with the kind of analytic moral philosophy that has dominated contemporary bioethics. Examples from bioethics and science are used (...) to illustrate the problems with the method of application that philosophically prevails in both domains and with the conception of rationality that underlies this method. Cues from how these problems can be handled in science then introduce summaries of richer, more productive naturalist and constructivist accounts of reason and normative knowledge. Liberated by a naturalist approach to ethics and an enlarged conception of rationality, empirical work can be recognized not just as essential to bioethics but also as contributing to normative knowledge. (shrink)

Much of cognitive science seeks to provide principled descriptions of various kinds and aspects of rational behaviour, especially in beings like us or AI simulacra of beings like us. For the most part, these investigators presuppose an unarticulated common sense appreciation of the rationality that such behaviour consists in. On those occasions when they undertake to bring the relevant norms to the surface and to give an account of that to which they owe their legitimacy, these investigators (...) tend to favour one or other of three approaches to the normativity question. They are the analyticity or truth-in-a-model approach; the pluralism approach; and the reffective equilibrium approach.All three of these approaches to the normativity question are seriously flawed, never mind that the first two have some substantial provenance among logicians and the third has enjoyed a flourishing philosophical career.Against these views, we propose a strong version of what might be called normatively immanent descriptivism. We attempt to elucidate its virtues and to deal with what appears to be its most central vulnerability, embodied in the plain fact that actual human behaviour is sometimes irrational. (shrink)

This paper presents a systematic approach for analyzing and explaining the nature of social groups. I argue against prominent views that attempt to unify all social groups or to divide them into simple typologies. Instead I argue that social groups are enormously diverse, but show how we can investigate their natures nonetheless. I analyze social groups from a bottom-up perspective, constructing profiles of the metaphysical features of groups of specific kinds. We can characterize any given kind of social group (...) with four complementary profiles: its “construction” profile, its “extra essentials” profile, its “anchor” profile, and its “accident” profile. Together these provide a framework for understanding the nature of groups, help classify and categorize groups, and shed light on group agency. (shrink)

The author outlines his views on the essence of philosophical logic. There are two means of philosophical argumentation: intuition and analysis of the problem situation under examination. Logical intuition can be replaced by improved intuition based on new intellectual constructions. Then the author explains—in opposition to von Wright—the main philosophical traits of his conception of norm logic. The structure of the information processing determining action justifies the application of dichotomous semantics in action theory and in practical philosophy. The theory of (...) action and institutions is based on three anthropological features of man: our capacity of acting, our being a zoon politikon, and our capacity to form institutions. These features determine our ontology, our semantics and the logics of practical thinking. The action‐theoretical approach leads to a formal and finalistic theory of action in which action is not only analysed as an element of the norm content, but as the essential basis of the whole field of practical philosophy. In the frame of this action theory a conception of freedom of will is provided which does not contrast with determinism. The formalism of action is applied in two different problem situations: in action deliberation and in motive interpretation. Jørgensen's dilemma is discussed and overcome by the introduction of a generalised notion of inference. Deontic logic is confronted with the idea of a genuine logic of norms. The main principles of norm logic are discussed and a normative conditional is introduced. Von Wright's conception of a genuine norm logic is confronted with the present author's conception. The author shows that norm‐logical skepticism would be detrimental to analytical jurisprudence. (shrink)

In this paper, I approach epistemic norms from an ontogenetic point of view. I argue and present evidence that to understand epistemic norms – e.g., scientific norms of methodology and the evaluation of evidence – children must first develop through their social interactions with others three key concepts. First is the concept of belief, which provides the most basic distinction on which scientific investigations rest: the distinction between individual subjective perspectives and an objective reality. Second is the (...) concept of reason, which in the context of science obligates practitioners to justify their claims to others with reasons by grounding them in beliefs that are universally shared within the community. Third is the concept of social norm, which is not primarily epistemic, but provides children with an understanding of norms as collective agreements. The theoretical argument is that all three of these concepts emerge not from just any kind of social interaction, but specifically from social interactions structured by the human species’ unique capacities for shared intentionality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vice and Naturalistic OntologyChristopher R. Williams (bio)Keywordscausality, criminality, determinism, medical model, positivismThese questions have been posed: Is vice (encompassing criminal and other wrongful conduct) best regarded as “sick” behavior, “immoral” behavior, or some other type altogether? Are we to understand vice in natural-medical terms, or are we better served by utilizing a moral framework? Is criminality reducible to and best categorized as a metaphysical type the essential features (...) of which are neurological or otherwise biological in nature? Or, perhaps, is criminality closer to a (non-natural) sociological type, the essential features of which can be understood only through reference to social norms and cultural conventions? These are torturously involved philosophical and theoretical questions that have given rise to an equally torturous volume of literature. Without pretending to do justice to these questions or their corresponding literature, several key considerations that must be inserted into and accounted for within the discursive pursuit of these inquiries are worth noting.Where a naturalistic ontology is employed within the study of vice, we reduce the intricacies of deviant behavioral phenomena to what we presume to be their underlying medical/biological properties. It is worth remembering that behavior itself cannot rightfully be said to be “sick”; rather, what we mean to say is that the behavior in question—in our case, various forms of “vice”—is symptomatic of some underlying illness or medical/biological condition. The presumed underlying sickness and the behavior itself are distinct, ontologically linked only through their theorized relationship to one another. This, then, is a key assumption of the medical approach to vice and its ontological classification as a natural-medical kind: that there exists a relationship between the behavior (a symptom) and the underlying illness or medical condition, and that the relationship is of the causal kind. Vice, it is suggested, is a change in state that is caused by (or, at the very least, is a direct consequence of) sickness or illness. Second, to legitimate such attributions, the illness supplying the requisite causal force must be identifiable and its causal connection to the behavior must be or be capable of being sufficiently explicated. In other words, once we have identified the relevant medical/biological properties and the behavior to which they stand in causal relatedness, we must be prepared to characterize this dynamic—we must be able to show exactly how and why such and such a condition gives rise to such and such a behavior.Problematically, causation itself is and has always been a contentious metaphysical specimen. Hume (1955) reminded us of the troubling reality [End Page 39] that we cannot ever “see” one thing cause or necessitate another. We are left, rather, to merely presume the existence of causal relationships between things. How is it, exactly, that disorder in neurodevelopment can necessitate certain behavioral outcomes? Even if we can “see” (in the empirical sense) the disorder and equally “see” the behavior, we cannot of course witness the precise causal action of the former upon the latter. Even if we are content inferring causal action in such cases, we still need to demonstrate the basic conditions of causality. To show that Condition X is causally related Behavior Y, we need to show that they are regularly associated with one another, that Condition X temporally preceded Behavior Y and, most challengingly, that no other conditions or factors have an intervening (e.g., additive, synergistic) influence. Hypothetically, if we were to posit a causal relationship between schizotypal personality traits and violent behavior, we would need to establish: (1) that schizotypal traits and violent behavior regularly coexist; (2) that those traits presented before the manifestation of the violent behavior; and (3) that no other factors (biological, psychological, and/or sociological) contributed in any meaningful way to those manifestations. We would thus need to systematically rule out family dynamics, income, education, intelligence, substance use, and so forth, as contributing factors. If, in turn, we were to determine that the presence of schizotypal traits alone is not sufficient—even if a necessary condition—to produce violent behavior but, rather, that those traits act in concert with other variables to produce the behavior, then we would not truly be... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.1 (2005) 27-29 [Access article in PDF] Community, Consciousness, and Dynamic Self-Understanding Marya Schechtman Keywords consciousness, unconscious, self-understanding, embedded consciousness, personal identity I would like to thank both of my commentators for their generous and insightful comments. After an extremely clear and accurate summary of my position, Grant Gillett suggests that it should be supplemented with a recognition that the self-understanding I describe is rooted (...) in culture and social practice. I agree wholeheartedly with the need for such a supplement. In this paper, I try to switch from the emphasis on contents of consciousness found in traditional developments of the Lockean insight to an emphasis on the fact of reflective self-consciousness, which I think better captures what seems right in Locke's view. My suggestion is that we take up Locke's claim that the essential feature of personhood is awareness of oneself as a self, and understand this self-awareness in terms of an implicit demand for intelligibility in one's conscious experience. Considering oneself as a self requires that one view one's current state not as a free-standing moment that might or might not be related in appropriate ways to the states of a freestanding past or future self, but rather as part of an unfolding life story. This involves, among other things, an acknowledgment of our obligation to questions such as: "Why do I feel this way?" or "Why am I doing this?" Being a self involves holding oneself accountable for what one is doing and feeling. In this case the accountability is to oneself.The possibility of being accountable to oneself obviously depends, however, on a cultural context in which there is such a thing as accountability to others. It is only against a backdrop where others may call for an explanation of one's behavior or speech—and where not all explanations count as legitimate—that one can demand intelligibility from oneself. Children must be socialized into personhood by learning the right questions to ask about how their lives hang together, and what kinds of answers count as answers to those questions. Person, in Locke's sense, is a normative and forensic term, and is therefore inherently bound up with public standards. My point here is the somewhat limited claim that the attitude toward our own lives and experience, which is self-constituting, giving us a sense of ourselves as persisting beings, will involve this kind of accountability to oneself. I agree, however, that the tools for achieving this sort of attitude come in with mother's milk and early socialization. A fuller development of my claim thus [End Page 27] requires much more discussion of the role of culture and society in self-constitution. I begin such a discussion in my Constitution of Selves (1996), and hope to take it up in more detail in future work.Markus Heinimaa (2005) wonders if I have gone far enough in rejecting traditional approaches to the problem of personal identity. Although I say that the perceiver-self is not a homunculus, I do talk about it as if it is an entity, and about the unconscious as if it is a place inside this entity where psychological states can hide. Heinimaa's suggestion is that both the perceiver self and the unconscious are unnecessary complications, and that I can achieve my goal without them. Locke's insight can be better (or at least as well) captured, he suggests, with a kinetic view of the person as a process of self-understanding. These challenges are well taken. Although I cannot fully answer them here, perhaps I can clarify my position somewhat, and in so doing motivate some of my assumptions.I begin with my assumption of unconscious mental states and processes. My discussion starts from the idea that there are considerations pulling us toward the claim that the person must be identified with consciousness, and also considerations pulling us toward the view that the person must be more than conscious experience. The first set of considerations is laid out in some detail in... (shrink)

This paper is a response to the opening of new lines of research on CSR and SMEs (Thompson & Smith, 1991; Spence, 1999; Moore & Smith, 2006; Spence, 2007). It seeks to explore the business case for CSR in this corporate segment. The paper, which is based on four case studies of medium-sized firms in the automotive sector, took the distinctive approach of trying to understand the nature of CSR-like activities developed not by best-in-class CSR-driven companies but by purely competitiveness-driven (...) firms. The case studies provide explicit evidence that the CSR activities of SMEs and the notion of social capital are interrelated, turning social capital into a powerful instrument to better explain what academic literature has called silent CSR practices . The analysis that follows questions some of the basic tenets that underpin the branch of business ethics that deals with the nature of SMEs' approach to CSR. Four basic concerns, which take the form of propositions for further research, serve as the basis for this analysis: a) A definition of CSR that includes most of the actions taken by all companies in the territory contributes no academic value to the discipline b) Any study of the motivation behind these CSR actions must reflect their essentially pragmatic nature. Actions are linked to social values but also, more importantly, to the nature of the competitive environment c) Business ethics must seek common ground with other more sociological disciplines if it is to explain the reasons behind this type of action d) Any study of this kind of practice requires a dual approach: a) normative when using tools developed by CSR; and b) descriptive and instrumental using the notion of social capital. (shrink)

Richard Rorty’s neopragmatism is more similar to the self-described pragmatisms of his contemporaries Jürgen Habermas and Hilary Putnam than it is dissimilar from them. Indeed, the only significant difference between Rorty’s views and those of his interlocutors, and what forms the basis of their many public exchanges, is their respective stances toward the status of epistemic norms. Rorty’s arguments against Habermas’s endorsement of transcendental conditions that ground successful communication, and against Putnam’s contention that there exists a limit conception of (...) truth upon which the possibility for critique depends speak to the very heart of his philosophical differences from the Kantian pragmatisms of Habermas and Putnam. -/- This paper engages in a detailed exploration of the debates between Rorty and Habermas and between Rorty and Putnam over these matters. These debates provide us with a direct route to understanding Rorty’s own views on epistemic norms. That is, the comparison between his own position and those of his fellow neopragmatists throws into sharp relief Rorty’s belief in the radical contingency of epistemic norms. -/- This exploration profits from engaging a feminist lens because feminist critiques, specifically of Habermas’s work, draw attention to the inadequacies of his views that Rorty seeks to correct, inadequacies that can be easily translated to Putnam’s case as well. By approaching this issue from a feminist angle, the paper highlights the dissimilarities in the theoretical positions between Rorty and his contemporaries, and shows why this difference is more significant than it might seem at first blush. The paper concludes with the suggestion that Rorty’s emphasis on the radical contingency of epistemic norms can provide a basis for the kind of revolutionary social, political, and cultural change that is central to much recent feminist theory. (shrink)

The so-called European principles of bioethicsare a welcome enrichment of principlistbioethics. Nevertheless, vulnerability, dignityand integrity can perhaps be moreaccurately understood as anthropologicaldescriptions of the human condition. Theymay inspire a normative language, but they donot contain it primarily lest a naturalisticfallacy be committed. These anthropologicalfeatures strongly suggest the need todevelop deontic arguments in support of theprotection such essential attributes ofhumanity require. Protection is to beuniversalized, since all human beings sharevulnerability, integrity and dignity, thusfundamenting a mandate requiring justice andrespect for (...) fundamental human rights.Being a feature of all humanity, vulnerabilityis improperly extended to designatedestitute individuals and populations. Rather,they are in a state of fallen vulnerability,for they already are harmed in some way, andhave become deprived of their range ofcapabilities. These individuals are destituteand are no longer in command of theirfundamental human rights. They have lost thestatus of unharmed vulnerability;identifying them as susceptible – vulnerated andno longer only vulnerable – stresses thepoint that bioethics demands specific socialaction to palliate or remove their distress.When harm does occur – in the form of disease,for example –, individuals are no longervulnerable – for they have ceased to be intact–, they become susceptible to additionaldeprivations and sickness; integrity isdemeaned and dignity is offended, leading tostates of dysfunction that require specificremedial social practices, aimed at treatingand removing injuries.The main point this paper addresses is thatvulnerability – as well as dignity and integrity – are descriptive characteristics ofhuman beings qua humans, which are not normative in themselves, but fundamental enoughto inspire bioethical requirements of protection and respect for human rights in thewake of social justice. A clear distinction must be made in regard to human beings who areinjured by poverty, sickness, discriminating deprivations or suffer otherdestitutions, having ceased to be only vulnerable for they are no longer intact. Theseindividuals and populations require more than protection, their needs must be met byspecific care and remedial measures to be identified and instigated by bioethics quaapplied ethics. (shrink)

IntroductionIn May 2006, the small group of doctoral students working on ecophilosophy at the Higher Institute of Philosophy at K.U.Leuven invited the Dutch environmental philosopher Martin Drenthen to a workshop to discuss his writings on the concept of wilderness, its metaphysical and moral meaning, and the challenge social constructivism poses for ecophilosophy and environmental protection. Drenthen’s publications on these topics had already been the subject of intense discussions in the months preceding the workshop. His presentation on the workshop and (...) the three critical responses by Wim Bollen, Glenn Deliège, and Richard Kover are published here in a thoroughly revised form on the basis of further and ongoing discussions about the issues involved. Three further contributions to the discussion are added: one by Nathan Edward Kowalski, a young Canadian philosopher who studied in Leuven and wrote his as yet unpublished dissertation on “Evil in Nature,” a second one by Kingsley Goodwin who is currently writing a dissertation on deep ecology at University College in Dublin and, finally, my own unsystematic thoughts inspired by Martin Drenthen’s provocative and stimulating hermeneutics of our postmodern understanding of nature and wilderness, as well as the diverse critical responses to Drenthen’s views by the other contributors. I owe gratitude to all of them for enriching my own ecophilosophical thought and enlarging its horizon although as my fragmentary reflections show at the cost of yet greater uncertainty and more questions about the possibilities of arguing for a radical environmentalist position. Such a position would somehow connect or ground our moral obligation to preserve genuine non-human otherness, wild and free nature, in the non-human meaning of such nature and in our essential need to be in direct and concrete contact with that field of wild non-human meaning because we ourselves belong to nature, because we are not only and purely civilized but are also and most fundamentally wild and free. Three fundamental questions need to be distinguished: the question about our moral obligations regarding nature and its preservation, the metaphysical question about the nature of nature or the meaning of nature, and the question of the metaphysical grounding of our morals in general, and of our moral obligation regarding nature in particular, in the nature or meaning of nature. The complex intertwinement between these three questions is at the heart of Martin Drenthen’s reflections.The authors contributing to the present discussion approach the various issues from markedly different philosophical backgrounds and concerns: critical theory, anthropology, analytic philosophy, phenomenology, hermeneutics, and deep ecology are all to some degree or other brought to bear on the question of what wilderness means for us, why we are fascinated by it and what it actually and in the first place is.Another interesting difference between the five respondents to Martin Drenthen’s wilderness-philosophy relates to the place from which they write: while the Canadians Richard Kover and Nathan Edward Kowalski have wilderness of some sort still close at hand, the Belgians Wim Bollen and Glenn Deliège write from a place which has been thoroughly domesticated, cultivated, and industrialised for a long time. Martin Drenthen himself, of course, writes from the same kind of place as these last two, which explains why he only refers to the wilderness that he has read about in novels, seen in movies, or experienced as recreated in the reserves of the Netherlands. The Irish Kingsley Goodwin writes perhaps from a third, intermediate place that is not wild anymore but still much more natural than Belgium or the Netherlands are.The differences in philosophical approach and concern combined with the difference of place generate a rich tapestry of perspectives and voices wrestling with the fundamental questions of our perceived homelessness and alienation from nature, our cultural discontent, our longing for and need for radical alterity, of immanence and transcendence, of who we are and where we belong, and more concretely of whether there is more to ground our efforts to preserve nature than enlightened self-interest and subjective preference. Martin Drenthen deserves praise for inaugurating this fruitful discussion with his intriguing and highly paradoxical effort to hybridize a postmodern deconstruction of the idea and ideal of wilderness as unspoilt and true nature on the one hand with a new metaphysics of wilderness on the other. Arne Naess, who is generally regarded as the founding father of deep ecology, pointed out the positive and stimulating role that vagueness in the expression of ideas can play in political and philosophical debate. Such general and vague but highly suggestive expressions as ‘all life is one’ are not empty at all, as is often claimed; they are rather full of possibilities of ‘precisation’ and differentiation. Drenthen’s wilderness-philosophy is certainly not vague to the degree of ‘all life is one,’ but his expositions are similarly pregnant with a wealth of further questions, precisations, distinctions, and conceptual clarifications. Good examples of different kinds are to be found in the contributions of Nathan Edward Kowalski and Richard Kover. Kowalski points out that Drenthen’s notions of culture and wilderness need to be made more precise by distinguishing them from the notions of civilization and wildness such that wild cultures become a conceptual possibility. Richard Kover takes the lead from Drenthen’s question about the reason for our postmodern fascination for wilderness to confront it with our primordial fascination in terms of the dependence in the evolution of our subjectivity and our consciousness on the focused perceptual attention on wild forms.Glenn Deliège situates Martin Drenthen’s wilderness-philosophy in its original context of the Dutch debate on the preservation of nature, in particular on the new wilderness paradigm. According to this paradigm, the nature to be preserved should be true and pure, truly natural and wild nature, that is nature outside of and free from the cultivating and domesticating influence of humans. In the Netherlands, however, such nature no longer exists; it can only be preserved after it has first been artificially recreated. Deliège gives an informative summary account of the highly charged three-cornered debate between the adepts of this wilderness-paradigm, the proponents of the more traditional form of conservation of remnants of the typical European landscapes created by pre-industrial farming practices and the modern technocratic functionalists. This debate makes obvious that there are quite different views of the nature of nature and its value. Enter social constructivism: the contested nature of nature is nothing more than a social construct, an idea in a collective mind. The contestation itself is a struggle for authority and power between different such social constructs, any claim to scientific objectivity and objective truth for one’s image of nature is an arrogation of a truth which doesn’t exist and is potentially oppressive by silencing other views. Nature then is up for the grabs of politics, political negotiation, and compromise between various interest groups who all want to get some benefit from nature, some use-value.The problem with Drenthen’s effort to articulate a normative concept of nature which cannot be deconstructed in this way is the extreme formality and emptiness of his metaphysical concept of wilderness as that which is always ‘beyond’, always ‘more’ and which can never be exhausted by any image and construction of nature. Any more concrete determination is mere appearance; the thing in itself is a border concept of that which in fact cannot be grasped conceptually. Glenn Deliège is critical of this formality and emptiness from which it will be impossible to derive any concrete guidance for our conservation practices. He then goes on to defend the Arcadian tradition of our appreciation of nature as giving us a historically well-grounded orientation for those practices. Of course that Arcadian tradition is obviously a cultural construction but that doesn’t make it completely arbitrary and contingent since it is itself ultimately grounded in and open to modification by our concrete sensuous experiences of nature.Deliège here raises the very important issue of the relation between our concrete perceptual and bodily experiences in and with nature and our concepts and metaphysical images of nature. Drenthen himself approaches this issue from the hermeneutical perspective of our need to make sense of our experiences and to articulate their meaning. His confrontation with social constructivism and his effort to salvage something from its relativizing acid lead him, however, into the direction of a highly abstract and empty concept of wilderness.Richard Kover shows that perception is, indeed, the key to a radical critique of social constructivism. He does this with the help of the ecological anthropology of Paul Shepard, the structuralist anthropology of Claude Levi-Strauss and the phenomenology of Maurice Merleau-Ponty. It needs to be said here that Kover takes his leave from an unpublished paper by Martin Drenthen with the title “How to appropriate wilderness appropriately?” – the paper is accessible though on Drenthen’s web-site - in which Drenthen comments and reflects upon three contemporary wilderness-tales, one of them being Werner Herzog’s much-discussed documentary on Timothy Treadwell, an American environmentalist drop-out who lived thirteen summers among wild grizzlies in the Alaskan wilderness before being killed together with his girlfriend by a grizzly bear.Kover tries to show that we are not imprisoned in the mirror-cabinet of our mind or of our human sociality. To make his case, he starts from Paul Shepard’s thoughtful observation that the evolutionary emergence of the mind did not remove us from the natural world but actually connected us deeper with it. Through our mind we evolved more fully into it because our mind is primordially in our senses and in the ability to articulate a perceptual world. The natural world in the form of the system of natural species and their relations is the primary model for perceptual discriminations, for the fundamental discovery of order with its twin-aspects of distinction and discontinuity on the one side and relations and continuity on the other side. Our cognition is essentially perceptually based, our subjectivity is primordially informed by our inherence in the sensible world. Perceptual cognition is inherently intentional and relational, it is not an autonomous mental construction, it is rather in the world and informed by that which is perceived. The other is always intertwined with the subject. We are always already hooked up with the world, with the others, before we start reflecting, thinking, and conceptualizing. This is one of the major themes in Shepard’s work: what this insight means with regard to our relations to non-human otherness, in particular to our perceptual encounter with wild animals. In our encounter with non-human otherness, we are confronted with an essentially ambiguous sense of both affinity and disjuncture. Wild animals demonstrate to us that we are not homeless or alien to this world, that we fundamentally belong to it and are part of it. Their difference, however, shows us that there are different perspectives and ways of being in the world. “Thus the encounter with non-human others inform humans that we are both of the world and simultaneously not the world and there are horizons of significance beyond our own perspective.”Nathan Edward Kowalski comes to a similar conclusion when he situates our morality in the larger moral order of wild nature. According to Kowalski it is indeed a moral order though not our own, an Other to our morality but not simply a negative one. It is, as Drenthen says, a highly paradoxical amoral morality. But what can it mean to speak of morality here? For Kowalski it means that the issue is not merely the theoretical recognition and acknowledgment of axiological transcendence, of non-human values out there, but whether we will appropriately conform to and comport ourselves towards that axiological transcendence so that we can find a human homeland in wild nature instead of turning it into a wasteland. The question then is, how to fit our own human morality into this larger order and greater reality, to subordinate it to that greater reality as a part of it and encompassed but not denied by it so that we can be moral and natural at the same time, tender carnivores hunting the sacred game. Indigenous people follow a moral protocol in their relationship with non-human others which acknowledge and respects their autonomy, their alterity, and the sacred mystery of their different ways of being. They are not befriended but some of them are hunted and eaten – as an exchange in the gift-economy of nature.The problem of the homelessness and alienation from nature is discussed by Wim Bollen from the radically different vantage point of critical theory. In Adorno’s and Horkheimer’s Dialectic of Enlightenment the human story unfolds as a tragic effort to liberate ourselves from nature and to become fully human through rational control when in the end this effort turns against ourselves and instead of liberation and human flourishing we get social domination and repression of our natural needs. The frustrations and mutilations imposed upon us by a repressive civilization give rise to the regressive desire for a return to a natural existence. Referring to the myth of Odysseus and Circe as interpreted by Adorno and Horkheimer, Wim Bollen equates such a natural existence with animal life. In the light of contemporary knowledge about primitive existence, however, this equation is highly problematic. Palaeolithic foragers were already fully human in all respects. A life without civilization need not be an animal-existence.According to Adorno/Horkheimer, our subjectivity and autonomy have to be wrested from animal-nature through an exertive struggle that cannot but proceed by a threefold strategy of domination: the domination of non-human otherness, of human others, and of our own inner nature. The siren song of nature consists in the temptation to give up that struggle for the promise of an unreflective, non-alienated natural existence without toil.When Odysseus’ men give in to Circe’s seduction they are, however, not transformed into wild animals but into swine. According to Bollen this signifies that we cannot re-wild ourselves, that we remain imprisoned in civilization, either as master-subjects or as domesticated animals. Bollen, by the way, like Drenthen, does not distinguish conceptually between civilization and culture. Since re-wilding for Bollen means the impossibility of returning to animal-existence, which is actually the impossibility of becoming another species since biologically we are animals already, to be imprisoned in civilisation means nothing else than to be imprisoned in our humanity. The fact that we cannot become wild animals again – according to Paul Shepard, however, we are still wild animals – is indeed, as Bollen stresses, a trivial form of alienation. A more meaningful concept of alienation which can be put to critical use must refer to a culturally and historically determined frustration and deficit inside the cultural order that is to be overcome not by an impossible regression but by progressive politics leading beyond the three intertwined forms of domination. Not back to nature but forward towards a reconciliation of culture with nature! Such a reconciliation would neither collapse culture into the immanence of nature nor submerge nature into the transcendence of culture. According with the three forms of domination it would be a three-dimensional form of reconciliation.Odysseus’ men did not got what they thought were promised them: the complete liberation from the burden of being autonomous subjects, of being civilized, but they got something worthwhile, namely a certain from of pleasure, a limited and provisional relief and escape. Bollen sees a critical potential in these piggish pleasures after all and consequently even in the siren song of nature since these pleasures were only experienced because Odysseus’ men gave in to it. But one has to give in to this siren song critically if it is to unfold its liberating potential. The problem with pleasure though in bourgeois society is that it is necessarily betrayed, instrumentalized and sold.Kingsley Goodwin’s paper starts by defending deep ecology against the charge of asserting a naïve and dogmatic metaphysics of nature. For convenience sake, but not quite unproblematically, he identifies deep ecology with the environmental thought of Arne Naess. A metaphysics of nature for Naess is always part of a personal worldview. Worldviews which are partly inspired by ecology Naess calls ecosophies. Naess always stresses the personal character of such a worldview and the irreducible plurality of them. It used to be a common misunderstanding of the platform of deep ecology which Naess conceived together with George Sessions that it expressed in a condensed form the metaphysical beliefs of deep ecology. Naess’ intention, however, was to try to articulate in a general fashion the basic viewpoints on which the supporters of the deep ecology movement agreed. It would be possible then to derive these viewpoints from quite different worldviews. In light of this, I think, that Goodwin’s characterisation of the platform as “pragmatic and activist” is not quite appropriate.Goodwin goes on to compare Drenthen’s conception of wilderness and wildness with the similar position developed by Neil Evernden in his book The Social Creation of Nature. He like Naess in his personal ecosophy stresses the crucial role of perceptual experience of wild otherness to find an antidote to the relativity and contingency of our interpretations of nature. Evernden refers to studies on child development to argue for a non-dualistic and relational conception of the self, similar to Naess’ relational ontology. According to Goodwin, Drenthen, in spite of his hermeneutical approach remains too much indebted to the Western subject/object-dualism. The object, in this case wild nature, is pure otherness.With regard to a compost heap, Goodwin shows that we are not separated from nature by an inseparable gulf, that nature is close at hand, and that we can experience and explore it, appreciate the complex play of identity and difference it consists of, the exchanges and transformations and that we can identify with the organisms involved in these exchanges.*The proceeding remarks only highlight some of the prominent themes and considerations in the various contributions to this topical issue of Ethical Perspectives. Hopefully the reader will feel invited and enticed to read the articles themselves, starting, preferably of course, with the essay by Martin Drenthen, who sparked off this lively discussion on the moral meaning of wild nature. I am honoured and pleased to be able to introduce these rich explorations by such talented young environmental philosophers who are eager to develop environmental philosophy further and lead it into new directions. They all have to wrestle with and find answers to the challenge postmodern deconstruction and social constructivism pose for environmental philosophy. In the face of that challenge, it is even more difficult than it already was to provide solid and convincing arguments for the defence of wild and free nature beyond merely pragmatic arguments in terms of its utilitarian value for us. The reason for that defence is not clear-cut and proves to be just as evasive as the moral meaning of nature itself. But neither that reason nor that meaning are mere phantoms and mirages that vanish when we approach them and try to grasp them. They are more substantial, even if they will never have the solidity of a mathematical proof or a scientific measurement. Their locale is the lifeworld which from the point of view of scientific and logical precision and clarity is a messy place where subject and object, reason and heart, fact and value, experience and thought and, yes, nature and culture cannot be clearly separated. This has important consequences for environmental philosophy and its methodology. Conceptual analysis and logical argumentation have to become sensitive to the richness of experience in the lifeworld and to the diverse efforts of its articulation: i.e., they have to open themselves up and maybe even to subordinate themselves to phenomenological and hermeneutical approaches. For me personally this is one of the most important conclusions I draw from the discussion presented here. (shrink)

Knowledge before belief ascription? Yes and no (depending on the type of “knowledge” under consideration). In an influential paper, Jonathan Phillips and colleagues have recently presented a fascinating and provocative big picture that challenges foundational assumptions of traditional Theory of Mind research (Phillips et al., 2020). Conceptually, this big picture is built around the main claim that ascription of knowledge is primary relative to ascription of belief. The primary form of Theory of Mind (ToM) thus is so-called factive ToM that (...) centres around knowledge-related mental states that are true rather than meta-representational ToM that centres around subjective epistemic states like belief that may or may not be true (Nagel, 2017; Phillips & Norby, 2019). Empirically, Phillips and colleagues build on converging findings from different areas: Ample research in developmental psychology shows that children track who has had informational access to events (and thus knows about the events) before they keep track of others’ potentially false beliefs (e.g., Perner & Roessler, 2012). Many studies from comparative psychology have found evidence that non-human great apes keep track of others’ perceptual and informational access while there is no convincing evidence that they keep track of others’ beliefs (Horschler et al., 2020; Martin & Santos, 2016; Call & Tomasello, 2008). And, work from cognitive psychology and experimental philosophy suggests that adults are faster, for example, to judge what others know than to judge what they believe (Phillips et al., 2018).In this commentary, we would like to critically evaluate and friendly amend the claims put forward by Phillips and colleagues. Conceptually, while we agree that some form of factive Theory of Mind is primary, we would like to raise doubts whether this primary factive ToM already involves full-fledged knowledge ascription. Empirically, we will point to potential test cases that are suitable to test Phillips and colleagues’ account against the friendly amendment proposed here. Is knowledge ascription really primary relative to belief ascription?We agree that the empirical findings reviewed by Phillips and colleagues do make a strong case for the conjecture that some form of factive ToM is indeed (phylogenetically, ontogenetically, and cognitively) primary. But we suspect that this claim, in unqualified form, may be somewhat incomplete and misleading. There is not necessarily one unitary form of factive ToM, and one notion of “knowledge“ in play across development and evolution, and perhaps not even in adults‘ Theory of Mind. This suspicion builds on several foundations: First, from an empirical point of view there have been, as highlighted by the authors, characteristic U-shaped developmental curves in some tasks of factive ToM – often a reliable indicator that different underlying processes are in play (Karmiloff-Smith, 1992). Second, from a theoretical point of view, conceptual change and dual process approaches to ToM and other forms of social cognition have highlighted the possibility of more complex developmental trajectories such that earlier and more basic forms of a conceptual competence may be supplemented and superseded by later and more sophisticated refinements (e.g. Apperly & Butterfill, 2009; Perner, 1991). For the case of factive ToM, it may be that there is a basic and primitive notion of “knowledge“ in place early in ontogeny (and perhaps phylogenetically more ancient) that shares some of the essential features of our mature “knowledge” concept: “knowledge” in this broad sense, as emphasized by the authors, is factive, not modality-specific, and allows for representations of egocentric ignorance. For this basic concept, the slogan “knowledge before belief“ may well be true. However, this basic concept need not yet be our mature notion of knowledge proper and thus this basic form of factive ToM may fall crucially short of our adult form of factive ToM. Why? Because essential elements of our mature concept of knowledge are still missing: First of all, while so-called Gettier cases and other considerations make clear that knowledge does not reduce to justified true belief (one can have justified true beliefs that still do not amount to knowledge; Gettier, 1963), according to many accounts knowledge at least presupposes justified true belief. Correspondingly, ascription of knowledge would thus presuppose ascription of belief. Now, we understand that this is one of the very traditional assumptions that Phillips and colleagues challenge, and given space restrictions we will not focus on it here any further (see, e.g, Rose & Schaffer, 2013). But there is a second crucial aspect of knowledge proper that is missing from the basic notion: knowledge proper is aspectual, and consequently reports of knowledge proper are intensional, while neither seems to be the case of basic knowledge and reports of it. Knowledge proper is aspectual in the following sense: whether or not someone knows something depends on how, under which aspects, she has had informational access to a given scene. Suppose Eve has seen Clark Kent enter the house. Does she know that Superman is in the house? It depends. If she knows about the identity Clark Kent = Superman, she does, otherwise she does not. Consequently, knowledge ascription is intensional in the sense that the substitution of co-referential terms is not necessarily truth-value preserving: “Eve knows that Clark Kent is in the house“ does not imply “Eve knows that Superman is in the house”.Now, from the point of view of cognitive development, much research suggests that children’s appreciation of the aspectuality of propositional attitudes (and the intensionality of propositional attitude reports) develops in protracted ways not before the age of four (e.g., Apperly & Robinson, 1998; Rakoczy et al., 2015; Proft et al., 2019). In fact, recent studies suggest that around age four children undergo a fundamental and coherent cognitive revolution: they acquire a solid meta-representational notion of propositional attitudes that allows them to ascribe subjective aspectual representations that may or may not be accurate: Children come to solve false belief tasks that require belief ascription at the same time as tasks that require an understanding of aspectuality, and there is strong convergence/correlation between these different tasks (Rakoczy, 2017; Rakoczy et al., 2015). These considerations thus evoke a somewhat modified picture of the developmental course of factive Theory of Mind: Some form of factive ToM, indeed, comes first (developmentally and phylogenetically). In this primary stage, subjects track agents‘ cognitive relations to the world that display some of the essential signatures of knowledge proper (factive; not modality-specific; allow for representations of egocentric ignorance). Various approaches in ToM research over the last years have aimed at describing this basic form of knowledge-like relations, for example in terms of “cognitive connections“ (Flavell, 1988), “registration“ (Apperly & Butterfill, 2009), “experiential records“ (Perner & Roessler, 2012) or “awareness relations“ (Martin & Santos, 2016). While differing in focus and details, all these accounts converge in stressing one crucial point: this early form of factive ToM allows observer to keep track of what others have or have not witnessed and, in this sense, what they do or do not know. It allows, in other words, so-called “Level I” perspective-taking (Flavell, 1977): understanding what others see. But this early form of factive ToM still falls short of knowledge ascription proper because it lacks an appreciation of the essential aspectuality of propositional attitudes in general and of knowledge in particular. In other words, it does not yet allow for “Level II” perspective-taking: understanding how different agents may represent a given scene (Fizke et al., 2017; Low & Watts, 2013; Oktay-Gür et al., 2018). Only later, around age 4, do children then develop the new meta-representational framework of propositional attitudes that goes beyond basic factive ToM. Once they have this framework and thus an understanding of aspectuality at hand, they can extend their initial and primary factive ToM to acquire the mature concept of knowledge (as at least presupposing true, justified belief, where belief is necessarily aspectual). So, while basic knowledge ascription indeed precedes belief ascription, full-blown attribution of aspectual knowledge develops in tandem with belief attribution. Or in other words: basic factive ToM precedes full-blown meta-representational ToM but full-blown factive ToM does not (since it is itself a part of full-blown meta-representational ToM). Empirical outlookThis slightly modified picture raises many interesting new empirical questions, and makes competing predictions relative to the picture put forward by Phillips and colleagues: From developmental and comparative perspectives, the modified picture would predict that “knowledge before belief” only applies for a circumscribed set of knowledge-related situations: those in which knowledge ascription does not require sensitivity to the aspectuality of knowledge (does not require distinguishing, for example, “Does she know that Clark Kent is in the house?” vs. “Does she know that Superman is in the house?”) and is limited to Level I perspective-taking. Young children before the age of four and non-human primates should be able to solve such non-aspectual knowledge ascription problems. But only older children from around age four, once they have acquired the full-fledged conceptual apparatus of meta-representation, should be able to handle aspectual knowledge ascription. Regarding adult functioning, the most fundamental question is: Do adults operate with one unitary factive ToM, as Phillips and colleagues assume? Or are there two kinds of factive ToM throughout the lifespan, as our modified picture suggests? In particular, does the more basic version remain in operation in adulthood, perhaps even as the default mode, that reveals itself under conditions of speeded responses, limited cognitive resources etc.? If the latter were true, specific performance patterns should be found. First, results such that adults are faster at knowledge ascription than at belief ascription (as found in Phillips et al., 2018) should be restricted to designs where knowledge ascription does not require any considerations of aspectuality. In such designs (as they were used in Phillips et al., 2018), subjects can make use of their primordial (non-aspectual) factive ToM in knowledge ascription, but have to use their full-fledged (aspectual) ToM in belief ascription. However, in new cases in which knowledge ascription is potentially aspectual (“Does Eve know that Superman is in the house?”), the speed difference between knowledge and belief ascription should vanish since both now require full-fledged (aspectual) ToM. Second, and relatedly, fast factive ToM should have characteristic signature limits to do with the lacking appreciation of aspectuality (Apperly & Butterfill, 2009; Low et al., 2016): Subjects under speeded conditions (or in dual task formats in which their central cognitive resources are taxed) should be unable to systematically distinguish between “Eve knows that Clark Kent is the house” (true) and “Eve knows that Superman is in the house” (possibly true). No such signature limits should be expected, in contrast, under reflective conditions in which subjects can use their full-fledged and mature factive ToM. Interestingly, these hypothetical developmental and adult performance patterns would correspond to similar patterns found in the domain of modal judgments. Adults, it seems, have two notions of modality at their disposal: a more primitive (ontogenetically old) default notion that does not differentiate between descriptive and normative modals and thus yield characteristic signature limits; and more differentiated and nuanced notions (ontogenetically more recent) that do sharply distinguish between different forms of modality. What works fast and gets addressed in speeded tasks is the primitive default notion (in speeded tasks, adults tend to confuse what is possible with what is permitted, for example, in the way very young children do) whereas the more nuanced notions reveal themselves in reflective task settings in which adults are not subject to such confusions (Phillips & Cushman, 2017). Modality judgments and factive ToM may thus reveal striking analogies. Just like in the area of modality, then, there may be basic and default factive ToM, present from early on and in operation throughout the lifespan in speeded responses (and under other conditions of limited cognitive resources), and more sophisticated factive Theory of Mind that develops later on the basis of full-fledged meta-representation and that reveals itself in more reflective judgements. (shrink)

Each of the three essays constituting the dissertation's body explores a theoretical approach to conceptual content, as well as to particular kinds of concepts. A concluding chapter defends a distinction between two varieties of intentionality. ;Chapter 1 identifies a distinctive model of intentionality in Locke's discussion of our "ideas of the sorts of substances." Properly understood, his doctrine of the "inadequacy" of substance-ideas reveals that the sort represented by such an idea isn't settled by the idea's descriptive content. The key (...) to his compromise between classificatory conventionalism and essentialism is an injunction to "rectify" each substance-idea, one that reflects a norm governing natural-historical inquiry. Interestingly, Locke regards the resulting picture of the natural kinds represented by substance-ideas as compatible with his descriptivist account of how the extensions of substance-names are fixed. ;Chapter 2 examines Gupta and Belnap's theory of "circular concepts," which likewise appeals to a semantic "revision rule." Besides promising to explain semantic paradox when applied to the concept of truth, their theory significantly liberalizes the framework of truth conditional semantics. I criticize the rationale behind that liberalization by investigating the significance attributed to the revision rule, and propose invoking pragmatic ideas to do justice to some of the theory's motivating intuitions. ;Chapter 3 first argues that Brandom's appeal to normatively characterized linguistic practice subserves two approaches to content: one expressivist and the other reductionist. The criterion of adequacy motivating his "inferentialist" reduction of contentfulness, I then argue, is one he should dismiss in view of his deflationism about truth. Moreover, Brandom fails to vindicate the priority of attributions of inferential norms over attributions of propositional content. This criticism doesn't affect the expressivist elucidation of intentional concepts resulting from Brandom's normative-pragmatic description of assertional practice. ;My conclusion draws on this elucidation to defend a distinction prefigured in my construal of Locke as divorcing the aboutness of substance-ideas from assessments of truth. I argue that we should distinguish between a "representational" kind of intentionality whose attribution subserves explanations of successful inductive and explanatory practices, and a "semantic" kind whose attribution makes explicit normative features of the essentially communicative practice of assertion. (shrink)

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in (...) which a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

Philosophers have had much to say about the moral obligations arising from trust. These obligations involve, predominantly, interpersonal relationships. But what can we say about the moral relevance of trust in institutional settings? In this paper, we consider the particularised approach to trust and its focus on interpersonal relationships and argue that it is far from clear whether this is the kind of relationship that persons can have with respect to firms. For a particularised view of trust to (...) be applicable to firms, firms must be seen as institutions that are to some extent distinct from their individual members. They would also have to be fitting targets and sources of reactive attitudes in morally relevant trust relationships. Such an account of trust in firms is not as yet forthcoming. To inspire future work on trust and firms, we take note of an argumentative strategy in the literature on corporate agency that lets us conceive of firms as appropriate targets and/or sources of reactive attitudes. In so far as this strategy turns out to have empirical efficacy, we suggest it may also prove fruitful for thinking about trust in relation to firms. (shrink)

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

This paper is a response to the opening of new lines of research on CSR and SMEs. It seeks to explore the business case for CSR in this corporate segment. The paper, which is based on four case studies of medium-sized firms in the automotive sector, took the distinctive approach of trying to understand the nature of CSR-like activities developed not by best-in-class CSR-driven companies but by purely competitiveness-driven firms. The case studies provide explicit evidence that the CSR activities of (...) SMEs and the notion of social capital are interrelated, turning social capital into a powerful instrument to better explain what academic literature has called _silent CSR practices_. The analysis that follows questions some of the basic tenets that underpin the branch of business ethics that deals with the nature of SMEs' approach to CSR. Four basic concerns, which take the form of propositions for further research, serve as the basis for this analysis: a) A definition of CSR that includes most of the actions taken by all companies in the territory contributes no academic value to the discipline b) Any study of the motivation behind these CSR actions must reflect their essentially pragmatic nature. Actions are linked to social values but also, more importantly, to the nature of the competitive environment c) Business ethics must seek common ground with other more sociological disciplines if it is to explain the reasons behind this type of action d) Any study of this kind of practice requires a dual approach: a) normative when using tools developed by CSR; and b) descriptive and instrumental using the notion of social capital. (shrink)

What kind of reality is legal reality, how is it created, and what are its a priori foundations? These are the central questions asked by the early phenomenologists who took interest in social ontology and law. While Reinach represents the well-known “realist” approach to phenomenology of law, Felix Kaufmann and Fritz Schreier belonged to the “positivist” “Vienna School of Jurisprudence,” combining Hans Kelsen’s Pure Theory of Law with Edmund Husserl’s phenomenology—and thereby challenging Reinach’s views on how legal reality (...) and the legal a priori were to be conceived. This paper addresses the controversy between these positivist and realist approaches to phenomenology of law, with the goal of introducing the lesser known theories of Kaufmann and Schreier. The special focus on their critique of Reinach’s outline should give us an overview of their positions vis-à-vis the basic and a priori elements of which legal reality consists and the role that phenomenology plays in analyzing them. There is one general tendency to be noted: While the phenomenological legal positivists see the root of legal reality in an act of interpretation according to a “normative scheme of interpretation,” Reinach locates the roots of legal reality in social interaction and argues for the existence of entities independent of any interpretation. (shrink)

The work of Hesiod, an ancient Greek epic poet, is considered, in particular, his poem “Theogony”, as one of the first cosmogonic constructions in European culture. Particular attention is drawn to the image and concept of Chaos – the initial state of the world, which also has a creative, creative essence. The primary instances that appear together with Chaos – Gaia, Tartarus and Eros also act as elements of the basic ontological model. The attitude of the ancient philosophical tradition to (...) the concept of Chaos, which was problematized even by the pre-Socratics and compared with the famous Orphic cosmologies, is analyzed. In this sense, the image of Chaos in Hesiod can be considered as the first principle of building the world by analogy with the search for arché in later philosophers, as well as in its abstract, idealized form – the initial theoretical model of being and the beginning of ancient ontology. Of particular interest in this sense is Chaos, a rather complex and mysterious reality that is primary in relation to others and, moreover, is itself a creative force. The problem can be formulated as follows: can Chaos in Hesiod’s poem be considered a mythological-poetic ontology, an analogue and prerequisite of the philosophical concept of being, or even a certain essence of the world, its eternal integral part. The task of the study is to describe a general approach to understanding Chaos in Hesiod’s poem as an ontological essential first principle, which serves as a prototype of the philosophical ontology of later philosophers. Chaos can be interpreted as the original state of being and as a reference system for all world coordinates and the ideal beginning of the world. The original, initial state of the world, as well as the origin of the latter, is a cross-cutting theme of ancient Greek philosophy and science. Already in the early theogony, in the Orphics and in Hesiod, we find a certain mythological-poetic and, at the same time, religious-philosophical model of the origin of the world and its first elements. It would be too bold to consider these rather fantastic images and constructions as a real philosophical or scientific theory, which already in the understanding of the ancient Greeks should have had clearly defined principles and a consistent logical structure. Nevertheless, already in the first attempts to describe the structure of the universe we see an attempt to find the beginning from which a kind of ontological intuition of ancient Greek philosophy begins and which will later lead to the emergence of the main philosophical schools. Moreover, this intuition allowed us to pose a question that is still the basis of ontological problems. Even a preliminary consideration of the historical-philosophical material demonstrates the possibility of various interpretations of the ontological constructions of early ancient cosmogonies. The vision of Chaos in Hesiod proposed here is the first step towards a hermeneutic reconstruction of the primary foundations of ancient Greek philosophy and its mythological and poetic origins. (shrink)

Hannah Ginsborg has recently offered a new account of normativity, according to which normative attitudes are essential to the meaningful use of language. The kind of normativity she has in mind –– not semantic but ‘primitive’ — is supposed to help us to avoid the pitfalls of both non-reductionist and reductive dispositionalist theories of meaning. For, according to her, it enables us both to account for meaning in non-semantic terms, which non-reductionism cannot do, and to make room for (...) the normativity of meaning, which reductive dispositionalism cannot do. I argue that the main problem with Ginsborg’s account is that it fails to say what makes it possible for expressions to be governed by conditions of correct application to begin with. I do believe, however, that normative attitudes are essential to meaning, but they have to be thought of as fully semantic. And I suggest that conditions of correct application can be present only when those attitudes are present. (shrink)

Against the two dominant strands in the secondary literature on Nietzsche's political philosophy - one attributing to Nietzsche a kind of flat-footed commitment to aristocratic forms of social ordering, the other denying that Nietzsche has any political philosophy at all-Tamsin Shaw stakes out a new and surprising position: namely, that Nietzsche was very much concerned with the familiar question of the moral or normative legitimacy of state power, but was skeptical that with the demise of religion, it would be (...) possible to achieve a practically effective normative consensus about such legitimacy that was untainted by the exercise of state power itself. Although, as I will argue, there are reasons to be quite skeptical that Nietzsche was interested in anything like these questions, Shaw has laid down a clear and invigorating challenge to existing scholarship on Nietzsche's politics, and it is one worth meeting. (shrink)

For centuries, international trade has been seen as essential to the wealth and power of nations. More recently we have started to understand its problematic role as an engine of distributive justice. In this compelling book Frank J. Garcia proposes a new way to evaluate, construct and manage international trade - one that is based on norms of economic justice, comparative advantage and national interest. Garcia examines three ways to conceptualize the problem of trade and global justice, drawn (...) from Rawlsian liberalism, communitarianism and consent theory. These approaches illustrate specific issues of importance to the way global justice has been theorized, offering a pluralistic mode of arguing for global justice and highlighting the unique modes of discourse we employ when engaging with global justice and their implications for conceptualizing and arguing the problem. Garcia suggests a new direction for trade agreements built around truly consensual trade negotiations and the kind of international economic system they would structure. (shrink)

ABSTRACTVirtual games are played by millions of people today. Almost everyone has the means to access virtual worlds in most places in the world. Virtual games are new worlds for the players waiting to be discovered. Video games in this new world are considered to be sports activities by some people, while some oppose to this conception. In this regard, philosophical approaches set out and the current state of whether video games are considered as sports activities is presented. In (...) addition to this classificatory issue an ethical one concerning the level of addiction for the players who immerse into the virtual worlds is also discussed, since the level of immersion is sometimes so high that some people die while playing video games on the computer. The answer to the question of how these video games can be so addictive is considered in relation to Johan Huizinga’s Homo ludens, and the notion of phantasm by Gilles Deleuze. It is argued that the fantasy aspect of video games is more dominant their being the... (shrink)

The phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass (...) surveillance and other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Significant Interests and the Right to KnowReuven Brandt (bio)1. IntroductionDaniel Groll's book Conceiving People (2021) attempts a novel and insightful defence of why individuals ought to choose open over anonymous gamete donation, barring any special circumstances. In broad strokes, the overall argument proceeds by defending three main claims: (1) that failing to disclose to children that they are donor-conceived is morally problematic, (2) that children who are informed that (...) they are donor-conceived (either intentionally by their social parents or otherwise) are likely to have a worthwhile, significant, subjective interest1 in having knowledge about their gamete donor(s), and (3) that parents have a duty to advance their children's worthwhile subjective significant interests. Groll's account departs from other criticisms of anonymous gamete donation in that it does not rest on the view that knowledge about one's genetic progenitors is essential to self-knowledge, identity formation, or other elements of wellbeing for creatures like us. The view thus attempts to avoid the pitfalls plaguing other criticisms of anonymous gamete donation, which tend to rely on controversial (and likely false) claims of genetic essentialism and/or genetic exceptionalism.Groll's thesis rests on the much more modest (and likely correct) claim that seeking information about one's genetic progenitors is one of many permissible, fruitful, and valuable routes to identity formation. According to Groll, it just so happens that a large portion of donor-conceived individuals aware of the absence of biological ties to one or more social parents choose this route to identity formation. And this empirical fact combined with plausible views about parents' obligations to promote their offspring's wellbeing gives prospective pro-creators strong reason to choose open donors over anonymous donors.Although many aspects of the picture Groll paints are attractive, I remain unconvinced that the overall argument succeeds. My criticism of the argument is multipronged. I am skeptical that failing to disclose to a child that they were donor-conceived and/or failing to disclose information to a child that they are [End Page 201] likely to find important violates the parental duty to build intimate relationships with one's offspring. This shifts the force of Groll's argument to the empirical claim that donor-conceived children are likely to have a significant subjective interest in knowing information about their biological relations. As I will show, the empirical evidence for this claim is not as strong as Groll presumes. In the absence of a deontic argument for disclosure, Groll must provide more robust empirical evidence that anonymous gamete donation is likely to result in off-spring with their weighty interests frustrated, or else argue that the risk is not worth taking. These are not fatal flaws but show that more empirical and normative work needs to be done to defend this line of argument.A more serious set of worries arise in response to Groll's claim that the interest that donor-conceived individuals have in genetic information is likely to be significant. Little is said about what constitutes a significant interest, except that interests fall along a linear spectrum and that the significance of an interest is a factor of "the space, so to speak, it takes up in a person's mental economy (do they think about it a lot?) and the extent to which they organize their lives around it" (2021, 63). My worries here are three-fold. First, it is unclear whether the empirical data support the claim that donor-conceived individuals are likely to have an interest in genetic knowledge that is significant in the sense that it occupies a large portion of their mental energy and is a locus around which they organize their lives. Second, there is scant discussion about whether an interest can become morally problematic (and so no longer worthwhile on Groll's account) if it is given too much weight. I will argue that a plausible reading of Groll's account requires that we treat overvalued interests as no longer worthwhile. Consequently, Groll's argument risks presuming the kind of genetic chauvinism—the view that genetic knowledge is essential to wellbeing—that he seeks to reject. Third, if... (shrink)

This article attempts to clarify the concept of disability by explaining the ways in which it has been applied, and defined, by both philosophers and disability scholars. Conceptual approaches to disability can be divided into two main categories: the individualistic and the social approaches. In the individualistic framework, disability is seen as an individual condition that results in a disadvantaged position regarding civic, economic, and personal flourishing. This is the dominant view of disability in bioethics. According to the (...) social approaches, disability is seen as a result of the oppressive material arrangements in existing societies, or as a corollary of the prevailing cultural values, ideas, attitudes, and language that produce and shape human reality. I argue that disability is essentially a normative concept that reflects the idea of what kind of beings humans ought to be, or, how society ought to be constructed to treat its members equally. In other words, the essential core of the concept of disability is ethical, and this implies that ethical examination is needed to provide a fuller picture of disability as a physical, psychological, and social phenomenon. a. (shrink)

In my dissertation I aim to further our understanding of practical reasons and practical reasoning. In chapter one I evaluate and reject the most commonly accepted accounts of practical reasons, viz., Objectivism and Humeanism. They each offer an account of the conditions under which we have reasons, but they cannot tell us why these conditions have normative significance for us. I also argue that we cannot use a claim about the relationship between reasons and motivation to determine the nature (...) of practical reasons. ;In chapter two I claim that an acceptable account of what motivates us to act must be compatible with the fact that actions are things we do. I argue that neither desire-based nor belief-based accounts of motivation can accommodate this fact, and I sketch an alternative account according to which we are motivated to act by our decisions. ;I argue in chapter three that to make decisions is to hold oneself subject to certain constitutive laws about how to make decisions. I also claim that person P has a reason to do A if and only if it would be correct for P to decide to do A. A decision is correct, I contend, just in case it conforms with the constitutive laws of decision-making. Furthermore, the conditions under which we have reasons to act have this special status for us because we cannot avoid making decisions about how to act. ;In chapter four I claim that it seems as if there is no room in the world, as science understands it, for the performance of actions. I respond to this worry in two steps. First, I claim that our making decisions and carrying them out in action is compatible with the fact that our bodies move in accordance with physical laws. Second, I argue that our decisions are our own doings in a very deep sense. Therefore, the scientific world view does not preclude the kind of self-expression essential to action. (shrink)

When animal ethicists deal with welfare they seem to face a dilemma: On the one hand, they recognize the necessity of welfare concepts for their ethical approaches. On the other hand, many animal ethicists do not want to be considered reformist welfarists. Moreover, animal welfare scientists may feel pressed by moral demands for a fundamental change in our attitude towards animals. The analysis of this conflict from the perspective of animal ethics shows that animal welfare science and animal ethics (...) highly depend on each other. Welfare concepts are indispensable in the whole field of animal ethics. Evidence for this can be found by analyzing the structure of theories of animal ethics and the different ways in which these theories employ welfare concepts. Furthermore, the background of values underneath every welfare theory is essential to pursue animal welfare science. Animal ethics can make important contributions to the clarification of underlying normative assumptions with regard to the value of the animal, with regard to ideas about what is valuable for the animal, and with regard to the actions that should follow from the results of animal welfare science. (shrink)

I present an outline of a normative and non selectionist theory capable of ascribing functional statements to biological items. Biological items are ussually exemplified by the organs as well as traits or behaviours. But we can consider representations too. In fact, my proposal is focused towards a teleosemantical theory of mental content. The teleosemantic approach explains the content of beliefs in terms of the biological functions of those states. Usually, teleosemantical theories of mental representation either ellaborate previously a general theory (...) of functions for biological items, this is the case for Millikan, Neander or Price, orassume a previous selectionist one, as Papineau does. But these proposals are frequently adaptationist in order to keep normatitvity in whatever functional adscription. The recent contributions to the state of the art show the problems of this kind of selectionist view. But they don’t consider the problem of normativity in functional adscriptions. And this problem become important when we pay attention to mental representations as biological facts. I propose an outline of a nonselectionist nor adaptationist account of biological functions capable of keeping normativity. My account is suitable to biological traits, in general, and mental representations characterized in terms of biological functions. (shrink)