What sorts of consideration can be normative reasons for action? If we systematize the wide variety of considerations that can be cited as normative reasons, do we find that there is a single kind of consideration that can always be a reason? Desire-based theorists think that the fact that you want something or would want it under certain evaluatively neutral conditions can always be your normative reason for action. Value-based theorists, by contrast, think that (...) what plays that role are evaluative facts (or the facts that subvene them) about what you want, such as the fact that having it would be good in some way. This paper argues that value-based theorists are wrong; if we try to find a single kind of consideration that can always be normative reason, we find that sometimes our reason is the fact that we want something and not any corresponding evaluative fact. (shrink)

Value and reasons for action are often cited by rationalists and moral realists as providing a desire-independent foundation for normativity. Those maintaining instead that normativity is dependent upon motivation often deny that anything called "value" or "reasons" exists. According to the interest-relational theory, something has value relative to some perspective of desire just in case it satisfies those desires, and a consideration is a reason for some action just in case it indicates that something of (...) value will be accomplished by that action. Value judgements therefore describe real properties of objects and actions, but have no normative significance independent of desires. ;It is argued that only the interest-relational theory accounts for the practical significance of value and reasons. Against the Kantian hypothesis of prescriptive rational norms, I attack the alleged instrumental norm or hypothetical imperative, showing that the normative force for taking the means to our ends is explicable in terms of our desire for the end, and not as a command of reason. This analysis also provides a solution to the puzzle concerning the connection between value judgement and motivation. While it is possible to hold value judgements without motivation, the connection is more than accidental. This is because value judgements are usually but not always made from the perspective of desires that actually motivate the speaker. In the normal case judgement entails motivation. But often we conversationally borrow external perspectives of desire, and subsequent judgements do not entail motivation. ;This analysis drives a critique of a common practice as a misuse of normative language. The "absolutist" attempts to use and, as philosopher, analyze normative language in such a way as to justify the imposition of certain interests over others. But these uses and analyses are incoherent---in denying relativity to particular desires they conflict with the actual meaning of these utterances, which is always indexed to some particular set of desires. (shrink)

One of the most important disputes in the foundations of ethics concerns the source of practical reasons. On the desire-based view, only one’s desires provide one with reasons to act. On the value-based view, reasons are instead provided by the objective evaluative facts, and never by our desires. Similarly, there are desire-based and non-desired-based theories about two other phenomena: pleasure and welfare. It has been argued, and is natural to think, that holding a desire-based theory about either pleasure or (...) welfare commits one to recognizing that desires do provide reasons for action – i.e., commits one to abandoning the value-based theory of reasons. The purpose of this paper is to show that this is not so. All of the following can be true: pleasure and welfare provide reasons; pleasure and welfare are to be understood in terms of desire; desires never provide reasons, in the relevant way. (shrink)

In Kant scholarship, the concept of maxims is discussed, for the most part, from the perspective of the universalization procedure of the Categorical Imperative. In fact, however, it has a much wider relevance. As is shown in this contribution, maxims are fundamental to Kant’s theory of action and value. Since the agent expresses her pro-attitudes, i.e., interests, preferences, and life-plans based on maxims, they figure as constitutive elements of her practical identity. After some general and historical considerations on Kant’s (...) concept of maxims, it is shown that their function in the theory of the ‘practical syllogism’ implies that maxims play an important role in considerations on the agent’s ends, goals, and purposes. Additionally, I will discuss the function of maxims in Kant’s action theory. I will defend an interpretation of the Kantian idea according to which practical deliberation can be understood based on a hierarchical order of maxims. Finally, the problem of higher-order maxims and the issue of the unity and inner consistency of maxims is debated. (shrink)

In Kant scholarship, the concept of maxims is discussed, for the most part, from the perspective of the universalization procedure of the Categorical Imperative. In fact, however, it has a much wider relevance. As is shown in this contribution, maxims are fundamental to Kant’s theory of action and value. Since the agent expresses her pro-attitudes, i.e., interests, preferences, and life-plans based on maxims, they figure as constitutive elements of her practical identity. After some general and historical considerations on Kant’s (...) concept of maxims, it is shown that their function in the theory of the ‘practical syllogism’ implies that maxims play an important role in considerations on the agent’s ends, goals, and purposes. Additionally, I will discuss the function of maxims in Kant’s action theory. I will defend an interpretation of the Kantian idea according to which practical deliberation can be understood based on a hierarchical order of maxims. Finally, the problem of higher-order maxims and the issue of the unity and inner consistency of maxims is debated. (shrink)

There is an increasing need for norms to be embedded in technology as the widespread deployment of applications such as autonomous driving, warfare and big data analysis for crime fighting and counter-terrorism becomes ever closer. Current approaches to norms in multi-agent systems tend either to simply make prohibited actions unavailable, or to provide a set of rules which the agent is obliged to follow, either as part of its design or to avoid sanctions and punishments. In this paper we argue (...) for the position that agents should be equipped with the ability to reason about a system’s norms, by reasoning about the social and moral values that norms are designed to serve; that is, perform the sort of moral reasoning we expect of humans. In particular we highlight the need for such reasoning when circumstances are such that the rules should arguably be broken, so that the reasoning can guide agents in deciding whether to comply with the norms and, if violation is desirable, how best to violate them. One approach to enabling this is to make use of an argumentation scheme based on values and designed for practical reasoning: arguments for and against actions are generated using this scheme and agents choose between actions based on their preferences over these values. Moral reasoning then requires that agents have an acceptable set of values and an acceptable ordering on their values. We first discuss how this approach can be used to think about and justify norms in general, and then discuss how this reasoning can be used to think about when norms should be violated, and the form this violation should take. We illustrate how value based reasoning can be used to decide when and how to violate a norm using a road traffic example. We also briefly consider what makes an ordering on values acceptable, and how such an ordering might be determined. (shrink)

“Artworks are not being but a process of becoming” —Theodor W. Adorno, Aesthetic Theory In the everyday use of the concept, saying that something is grotesque rarely implies anything other than saying that something is a bit outside of the normal structure of language or meaning – that something is a peculiarity. But in its historical use the concept has often had more far reaching connotations. In different phases of history the grotesque has manifested its forms as (...) a means of subversive resistance against society’s prevailing notions of form and power. What aids this impact and distinguishes two of its basic stylistic features is the grotesque’s dissolution of form and its hyperbole. Such grotesqueries, however, soon solidify into new forms, new structures of meaning, hierarchy and practice, and in this sense the history of the grotesque is, on one hand, a continual opposition and transgression of the prevailing notions of art as well as of God and humanity, while on the other hand it offers continual resistance to its own solidifying process. As such the grotesque will not and cannot be contained in form without it losing the very thing that makes it grotesque. Even though it is somewhat easy to point out certain stylistic features of the grotesque, the sum of those features tell us very little about what is at play within it. Definitions concerned with the grotesque’s content rather than its form faces similar difficulties. Throughout history, expressions relating to the grotesque have been used in defense of a whole host of different social and cultural discourse including, for instance, Catholicism (See Erhard Schön’s Der Teufel mit der Sackpfeife , 1536), Protestantism (See Lucas Cranach’s Der Papstesel , 1523), a material folk culture (see Mikhail Bakhtin’s Rabelais and his World , 1984) and an idealistic romantic structure of meaning (see Wolfgang Kayser’s The Grotesque in Art and Literature , 1957). Thus though the grotesque cannot be reduced to the expression of certain forms or meanings, in order to examine what the grotesque is about one has to try to see how it’s relationship to flow and process and how, by maintaining this relationship, it attempts to avoid solidifying into form and meaning. The process of the grotesque alluded to here revolves around a play between periphery and center, the marginalized and the dominant. Most often this is expressed as a direct negation of the center of power. In the medieval grotesque tradition of the carnival, for example, it is expressed by its emphasis on the nether regions of the body as the center of creation of meaning. Spirit does not come from above, but from the belly, buttocks and genitals, and there is, expressed in this manner, a mockery of the predominant Christian notion of truth and meaning. Such inversions of the sites of meaning most often explicitly express an increased interest in materiality instead of ideal content which comes to the fore through the play between periphery and center. Even in early grotesque Renaissance art (for example in the works of Raphael) the depiction of the mythological or ideal reveals an exploration of the possibilities of the material. The works of art thus explore their own boundaries rather than act as vessels of the divine and in this way the grotesque explores the limits of form and materiality. This in turn brings to the fore a metaphysical dimension in the workings of the grotesque: It is an immanent exploration of its own boundaries. Materiality and metaphysics are joined together, because it is through the awareness of itself as a structuring (dis)order that it places itself in opposition to the prevailing notions of form and power. This way the grotesque expresses an awareness of the division of sign and reality and a search for this reality. It implicitly expresses the awareness that meaning is not something God-given and static, but fluctuating and man-made. In modern explorations of the history of the grotesque it is commonly seen as a form of realism that manifests a shift from the ideal towards the material, freeing art from representing some hidden higher order and instead making the work of art the very site of creation and meaning. Going even further, the grotesque actively opposes the notions of the ideal by marking a shift from an ahistorical view of the world towards the historical. However, this also makes clear why the grotesque has a tendency to solidify into new static forms of meaning, for by establishing itself as a subversive counterforce there is an idea of transgression and emancipation. That is why the grotesque often historicizes and relativizes only to repeat the mistakes of that which it negates: putting itself in the king’s chair. The exploration of the material seems to create new forms and notions of the ideal. The representation of an otherness outside the prevailing notions of meaning and truth becomes a positive manifestation of this otherness as truth itself. Thus the historical “truths” of the grotesque are superseded by history itself. When the expressions of the grotesque solidify into static form and meaning, they become mere objects like anything else in the world. Instead of being this elusive thing of process and flow, it becomes tangible to the existing hierarchy of power as well as history itself. In this way the grotesque can be expunged, included or simply revealed as yet another false notion of truth, which is precisely what has happened with the grotesque throughout the course of history. If from the beginning the expression of the grotesque has not already been in the service of some structure of meaning and truth, it has quickly been included or has quickly included itself in such a structure. But by doing so it rejects its own basis: the tension between periphery and center is replaced by the attempt to create a new center, a new structure of meaning and truth. The doubleness, ambiguity and flow of the grotesque are then rejected by the grotesque itself. THE NON-FORM OF FORM In the critical thinking of Theodor W. Adorno (1903-69) the problem of art, caught between a reductive and prevalent notion of truth and meaning and a peripheral and alienated otherness, is reexamined and reformulated. For Adorno, the instrumental rationality of Enlightenment itself reverts into a new form of mythology which is every bit as static and exclusive as the hierarchies of religion it supersedes. All is excluded that is non-identical to the instrumental mastery of the objects of the world, "For the Enlightenment, anything which cannot be resolved into numbers, and ultimately into one, is illusion; modern positivism consigns it to poetry." 1 As such the non-identical has been banished from the realm of thought and action, and banished specifically to the realm of art. But the realm of art is not able to provide a decent home for it because even modern art is not something entirely autonomous. While it is excluded from the notions of truth and meaning provided by instrumental rationality, it still originates from society. Just like instrumental rationality art is about mastery, structuring and exclusion. Therefore, the problem for art is that it cannot directly provide a space for the non-identical because its mode of operation is similar to that of instrumental rationality. Even worse, art has very few possibilities to free itself from this. If it becomes l’art pour l’art it is at the same time reduced to the very thing instrumental rationality claims it to be: a subjective judgment of taste.expressionism also stands as an example of this. Conversely, art cannot work within the framework of the identity-thinking of society, because any notion of freedom or emancipation would reproduce the exclusive practices of instrumental rationality. For example: Explicit socialist literature may establish itself in opposition to instrumental rationality while at the same time reproducing it. Its language may seem different, but in reality it merely provides a different set of reductive schematics for human life and experience. The problem for the art of the grotesque was, as I mentioned earlier, that far too often it was merely a symbolic manifestation of a notion of otherness—not otherness itself. Because of this the subversive character of the grotesque ends up shaping and containing otherness instead of providing a space for it. According to Adorno the only way to avoid this is to radicalize the grotesque. In order to avoid solidifying into form the work of art has to be an object which cannot be contained in thought or form—a non-form of form. The work of art has to work in a way that it strives for autonomy but without entirely leaving a discernible reality. In other words, it has to pull in two directions at once. Thus the work of art is a paradox. It is autonomous in the sense that it closes itself off from everything outside of the work of art, trying to shy away from the contaminating influence of the identity thinking of instrumental rationality. At the same time though the work of art is heteronomous in the sense that it originates from a specific historical context and is bound to be what society is not. Autonomy and heteronomy are inseparably intertwined. Unable to display otherness itself, but still trying to be a refuge for it, there is only one option for art: It has to turn against itself and destroy its own logic of form, thereby demonstrating how any representation of otherness is impossible. Art becomes a lamentation of the victims of the identity thinking of instrumental rationality and shows the traces of the otherness that is unable to appear. Adorno’s pessimistic theory of art and history stages art as a negative dialectical process where the work of art closes itself off and rejects everything outside, while the individual elements in the work of art destroys its very own logic of form from within: Artworks synthetize ununifiable, nonidentical elements that grind away at each other; they truly seek the identity of the identical and nonidentical processually because even their unity is only an element and not the magical formula of the whole […]. The resistance to them of otherness, on which they are nevertheless dependent compels them to articulate their own formal language, to leave not the smallest unformed particle as remnant. This reciprocity constitutes art’s dynamic; it is an irresolvable antithesis that is never brought to rest in the state of being. 2 Relative to a traditional understanding of the grotesque, Adorno radicalizes the tension between center and periphery, autonomy and heteronomy. In the traditional understanding of the grotesque, as we find it for example in the writings of Mikhail Bakhtin, the grotesque establishes the display of otherness as a new center of meaning and truth. However Adorno rejects such notions and argues instead for a modernism of the grotesque in which both center and periphery are included in a negative dialectical process and continually synthesizing and destabilizing each other’s positions. A modernism of the grotesque works on the inside of the sign or the artwork, continually outlining and questioning the boundaries between materiality and form. This moves the focus away from the relation between the sign or work of art as a conceptual manifestation on one side and the object it refers to on the other side. Instead it implicitly points to the amorphous mass from which the signs and thereby meaning have been carved, the remnants that have been left behind. Modernism of the grotesque does not imply that it is emancipatory or that it reconciles man with nature, and does not represent a new position or a new ideology. It merely remembers and insists on the double nature of man and art: to write or paint yourself or an artwork whole by inscribing meaning in life or by applying form on a canvas is at the same time both creation and destruction. The very signs we use to center meaning in our lives carry its own alienation in them. Meaning surfaces only when process and flow comes to a halt—solidifying, but at the same time excluding parts that do not fit into that particular structure of meaning. NOTHING DONE AND NOTHING UNDONE It has always been difficult for art historians to find a suitable category for the works of the Danish artist Leif Lage (b. 1933). In his paintings the sensitive figuration seems so fragile that it is on the verge of turning into abstraction. Or conversely: the figurative emerges cautiously and hesitantly out of abstraction. As an art critic once wrote, he can almost paint things away. 3 Working in some undefinable space between abstraction and figuration, the Lage’s works shy away from the realm of words, and as a result few critics have been able to write anything meaningful about his works. In fact even fewer have been able to write more than one or two pages. The Danish author and art critic Leif Hjernøe is one of those few, but even he starts off by saying how impossible it is to write about Lage, confessing that his works exist both as process and in a field of in-between which words cannot reach. He writes: Always you find yourself in a place where nothing is done and nothing left undone, and where the elements of the work of art rest in a continuous motion. Always there is the open wound, where infection rather than surgical intervention is considered as an opportunity. And the conflict between matter and antimatter makes all diagnoses uncertain and allows conditions of uncertainty to spread in a place of raw presence. 4 The art works against the diagnosis and the certainty. Words are being eaten up by what is outside the realm of words: tension, process and doubleness. An approach to an understanding of the work of Lage could be to follow his connection to Samuel Beckett (1906-89). One can note, therefore, that Lage has illustrated several of the Danish translations of Beckett’s works. Though one is an author and the other a painter both seek a place where figuration, where the word, erodes. For both this entails an attempt to question and examine and so move in behind the façade of the surface in an exploration of that something or nothing that may be behind representation. At the same time even in the vanishing point of figuration or words, the meaningless words or the disjointed lines still stand as signs of human activity—signs of movement in emptiness. With very few exceptions Lage’s artworks revolve around one motif: Man—most often “en face.” But unlike traditional portraitures Lage’s people are found within. The artworks do not sense the reality of appearances, but rather the existential dimensions within man. As a seismograph they are sensitive to the utmost subjectivity in order to display an objective, sensuous depiction of the very problem of subjectivity. Instead of a static façade of a man, Lage’s “en face” shows the process-character of man. The people in Lage’s paintings are always in process—in the midst of becoming or dissolving. I will take a closer look in the following at the ways in which Lage establishes this sense of being in constant process, of being in-between modes or categories. THE DOUBLENESS OF THE STROKE Lage’s etchings attract attention in particular for the tension conveyed there between the material and the form. The material physically opposes the violence of the needle. But instead of embracing the violence of the needle and the victory over matter—instead of making the artistic creation and figuration express a heroic mastery of the background it is made out of—Lage uses the stroke to express the very tension between stroke and material, figuration and background. In the drypoint etching Untitled from 1983, which illustrated the Danish translation of Beckett’s Ill Seen, Ill Said , the needle tears up the material in long rough lines: Together, the primarily horizontal and vertical lines form a face. Thus the force needed to etch a line in the metal-plate draws attention to itself: It is there in the absence of curves and nuances. Man emerges on the metal-plate after great exertion and in a very simplistic form. This way Lage enhances the nature of the material, as the material’s resistance is not something to overcome. On the contrary the figuration is smitten by its very resistance and as such expresses the violence of its own becoming. Even more pronounced is the fact that the lines do not just show the violence of creation—it actively erases figuration in the same process that creates it. For example the mouth consists of 8-10 horizontal strokes, of which some seem to be connected to each other as if the mouth has been quickly scratched out. The mouth speaks of the inability to speak. In the same way, the eyes are black holes due to a large amount of criss-cross cuts, which together form a dark middle. Those lines, at the same time, form the eyes of the figuration and scratch out the eyes of the figuration. The extroverted aspects of the face—connected to speech and sight—are portrayed as introverted as well. Just as the etchings down into the metal-plate makes something appear. Leif Lage, Untitled , 1983 (etching) The figuration of the etching is connected to creation. It expresses that something is wrought into existence out of nothing by sheer artistic force. However, this force is at the same time presented as a violence of creation, which makes it impossible for form to truly emerge. Herein lies one of the basic principles of Lage’s art, namely that art cannot be that nothing or something behind the realm of words or signs. Without form, art would lose its ability to express anything at all. Form is a necessity if art is to avoid becoming as devoid of expression as the reality is that we cannot reach behind the appearance of things. On the other hand, art cannot raise itself above its own material in joyous celebration of the beauty of form. This would use the material in the manner of an instrument and thus would suppress the otherness it attempts to rescue. When art becomes mere form, any traces of otherness will have dissolved. Then art would be a question of technique, in no way different from the instrumental rationality of society. Therefore art works in a particular space between form and non-form. As Hjernøe says of the works of Lage, it is in the center of the event, in the in-between where things neither are nor are not, "And everything takes place just before it changes character. As the blood just before it coagulates, as the milk just before it separates, as fried egg just before it turns white […]." 5 The precise emphasis on the in-between of Lage’s art points in particular to the work of art as both outside of and in time. The work of art is a singular point in time, but at the same time it is continually in process. In the borderland between form and non-form, between creation and destruction, it shimmers like a fata morgana . The work is done but at the same time undone. It is only there as a cry in response to the inability to come into being. Akin to the etching is the drawing, but while both, of course, use the stroke or line as their main instrument, the paper does not resist the line in the same sense as the metal-plate of the etching. As a result in Lage’s drawings the stroke frolics in a space with almost no tension at all. There is nothing there to keep the pencil stroke at bay, but at the same time this means that there is nothing there to keep it together. One of the more expressive examples of this is found in an untitled drawing from Tegninger og Text ( Drawings and Text ) from 1999. The drawing consists of one unbroken pencil stroke. It is as if the stroke is confused—it darts around on the paper making doodles on the way or gathers itself in more straight lines in the center of the paper. It is in this manner that the semblance of a body is established. A couple of small circles serve as eyes and are the reason that the rest can be read as both face and body instead of pure abstraction. In fact the unbroken stroke serves as both abstraction and figuration as on the one hand it is the stroke that seemingly outlines the shape of a figure, while on the other hand the unbroken stroke dissolves any truly recognizable figuration by continuously, without end or aim, overflowing the boundaries of the figure. Seen again here is a doubleness to the stroke and the act of creation. In the etching it was all about the tension between the resistance of the material which created the doubleness. Here it is the opposite. It is the lack of tension. The stroke is free to do anything, but has no aim: without some kind of resistance, there is nothing to hold figuration together. It threatens to dissolve into nothingness. Conversely, the drawing can also be seen as a process of becoming. Like a form of automatic writing, the pencil darts around until it finds a point of densification. But even in such an interpretation of the drawing, the figuration appears artificial—it points to itself as the result of the artistic act of creation. The stroke is primarily stroke and only secondarily figuration. With its wild movement it calls attention to itself as stroke. Thus the figuration never becomes something in its own right. It points to the basic principle of creation: Someone has drawn me, I am the result of artistic endeavors, and therefore I am not for myself but always overflowing the boundaries that contain me. It is the stroke that in the very same movement creates figuration and dissolves it. Leif Lage, Untitled , 1999 (drawing) THE LIGHTNESS OF COLOR, THE DENSITY OF PAPER Often the watercolor is used as a precursor for larger paintings, because it has an immediacy in which one can quickly paint the main lines of a composition. However, Lage’s watercolors are not temporary points in a process leading to another final painting. They are not sketches, later to be filled with details in another material. For him watercolor is an end in itself. This also implies that he doesn’t try to work against the paper’s absorption of the water color and its tendency to absorb detail. On the contrary, he examines the possibilities inherent in this blurring of the line and absorption of color. As in the previous examples, there are of course recognizable shapes in Lage’s water colors. But these shapes are rarely separable from color, line or even paper. In other words: the figurative and the abstract more or less become one. One of the reasons for this is that Lage often works on wetted paper which means that the paper hungrily absorbs color into its fabric instead of it being on top of the paper. The paper becomes line because it is the absorption of the color which, together with the brush stroke itself, separates the colors from each other. The line is also color and the color is also line, because there is no separation between the different colors other than the colors themselves. At times this results in almost complete abstraction. In such cases Lage add lines with a pencil as if he wants to hold some sort of figuration together. At other times it is the other way around: the strokes of the pencil are a being dissolved by the water color blurring out the figuration. Untitled 1 from 1999 displays various tones of green. The contour of the colors appears unusually rough. Most of all it is reminiscent of a shoreline which has found its form through the work of thousands of years between water and land. Pockets of resistance surface as islands not yet drowned in color—as paper or color not yet consumed by the dominant color. The shape of the colors does not seem created by the hand of the artist, but rather by the inner workings of the watercolor: color against color over time has resulted in this very image, as if it is all a part of a natural process of change and decay. Despite the fact that there are no strong differences in color there seems to be a struggle taking place in the watercolor. For example, inexplicable holes in the dark color, which cover most of the right side of the watercolor, appear as if the underlying color is eating away the dark color, or that the dark color is in the process of covering up the underlying color. The small pockets of resistance demonstrate a process and development that, almost as a happy accident, evokes a couple of small eyes and a large mouth. Behind the colors a few slanted lines can be discerned, but the hand of the artist has long ago disappeared behind the life of the colors. Thus the watercolor seems to be held at precisely the point in time where figuration randomly appears. The small eyes and wide mouth seemingly express the realization of the figuration’s temporality. It is just a moment in time, soon to be consumed again in the life of the colors. The nature, the background it stems from and is part of, moves on undeterred, continuing its everlasting process of creation and decay. In this sense, the watercolor provides an experience of how neither artist nor man is able to transcend the materiality they consist of. The colors of man, the materials man consists of are “becoming” and “progress” but also “decay” and “disappearance”. The artist’s pencil strokes have been eaten up long ago, and the figuration is living on borrowed time. Human or artistic activity is about creating form, transcending mere matter by shaping and applying meaning to it. But Untitled 1 shows the doubleness of such creation: the transience and fragility of human life. Should the figuration come into being, should it rise and transcend the material, which binds it to its temporal existence, it would become nothing because its very existence is conditioned by the life and work of the colors. In the same sense man cannot escape his own temporality. He too, for better or worse, must accept a life in the volatility of sensation. Leif Lage, Untitled 1 , 1999 (watercolor) In most of Lage’s watercolors there seem to be a stronger artistic control than in Untitled 1 . Most often both the arrangement of colors and the technique in which they are painted express the hand of the artist. An example of this is Untitled 2 from 1999. While figuration in Untitled 1 seemed to appear as a happy accident, the figuration is much more “created” in Untitled 2 . Here the most important parts of the figuration, the eyes, the mouth and part of the skull, are colored black and painted on top of the background’s play of colors. The background primarily consists of blue and yellow tones. Only parts of the paper are covered in color, however, which yet again stresses the act of painting: There is a surface which is being filled by color by an artist. The blue tones are concentrated in the figuration, while the yellow tones surround it. All this means that the figuration stands out more clearly in this watercolor. This is also underlined by the fact that the blue and dark tones cover part of the yellow tones as spots here and there. Thus it is not a background which is in the process of consuming figuration, but rather the emerging figuration which blots out the background. Such an understanding is even suggested by how the mouth and eyes are placed in the larger blue color field. The eyes and mouth are in the center of the watercolor, while the blue color field is placed from center out towards the left side. This gives the impression of a face turned slightly to the right and slightly upwards, which again makes the mouth appear to emerge from the paper. It also helps that the mouth cuts the center axis of the watercolor. In other words, the arrangement of the blue and black colors create some depth and perspective which gives the illusion of a figuration, seen partially in profile, emerging from the background. Seen in profile, the eyes and mouth seem extroverted—they almost seem as if they are put on top of the face. But at the same time they are painted as black holes, sucking in the gaze of the onlooker. The watercolor is even more challenging if one follows what may be the faint outline of the skull, which, on the right side of the watercolor, no longer works together with the blue color, but rather alone postulates the outline of the skull. If not the blue color field, but this line, is the outline of the skull, then all of a sudden the face is not in profile but “en face”—staring directly towards the onlooker. Outline and color seemingly work against each other and establish two different expressions. Without the slightly upward tilted expression of the profile, the eyes and mouth do not seem to emerge from the paper. On the contrary, seen “en face,” the eyes and mouth are really gaping pits of darkness. In this sense Untitled 2 is at the same time surface and depth of perspective. The line gives form but at the same time it dissolves the form created by the colors, and vice versa. Leif Lage, Untitled 2 , 1999 (watercolor) As the last example of Lage’s artistic method, I have chosen another untitled work (as indeed nearly all of Lage’s artworks are)—this time from 2000. This is perhaps one of the most figurative watercolors Lage has created, though that doesn’t tell us too much. The painting depicts a human face in blue and green tones on a yellow toned background. The colors create a clear demarcation between the figure and the background, which compensate for the watercolor’s lack of outline. Beneath the face darker tones imply the beginning of the torso, and nuances of color even hint at something which could be a collar. The hair is in even darker tones and its structure is emphasized using pencil strokes on top of the water color. One eye is marked by a brown spot with a darker spot in the middle, while the other eye is added by pencil. The mouth is a round, red dot. In Untitled from 2000 the work between abstraction and figuration is much less pronounced than in the previous examples cited here. Nonetheless the watercolor has a delicacy to it which almost makes the figuration disappear, even as it appears. This has something to do with the fact that all the individual brush strokes have dissolved. The only outlines are those created by the clash of colors. Even the red mouth seems to be more paint than mouth—unable to be formed truly as anything other than a speck of color with some small semblance to a mouth. In contrast to the other watercolors, there is no movement, no progress or decay, just a vibrating standstill. The figure is not emerging or disappearing but embedded in and as surface, and as such it makes the figure seem stuck in its condition rather than freed by the act of giving form: mouth open as a wound. Pencil strokes add detail and life to the hair as an attempt to help the figure emerge. But all this does is create two levels in the watercolor: The pencil strokes are put on top of the figuration rather than being part of it. Thus they end up highlighting the endless distance between the movement and form-giving of the pencil strokes and the static and stuck figure behind these strokes. Leif Lage, Untitled , 2000 (watercolor) MAN AND THE VIEW OF THE ONLOOKER Lage’s works seem at the same time to be an examination of tensions between form and material in art and a display of an image of man full of the same tensions. This is because the people who are emerging in Lage’s images are not just in his works, They are his works. This means that man is not something emerging from a background but is part of this background and vice versa. The art of Lage inscribes man in its surroundings and background. Man is not the ruler of nature. Man does not rise above matter; there is no truly transcendent position for man to occupy in the art of Lage. Instead man is a part of the very matter, it, at the same time, tries to distance itself from in order to distinguish itself from its surroundings. Man emerges in an attempt not to be line, stroke, color. In an attempt to free itself of matter. Should it succeed in this, however, it would turn into nothing. On the other hand, if man fully accepted itself as mere matter it would disappear in it—in instincts, urges and lack of reflection. The appearance of man is thus subject to a state of being in-between. Only in the tension between material and its negation can the outlines of man be traced. However this also means that in the art of Lage man is never something in itself but always in process—on the way to its freedom and its loss. However, Lage’s art is not just about showing the tensions inherent in man but also about showing such tension on the verge of breaking point. In the moment before everything is done, or when nothing yet has been done, the delicate tension between form and material has been stretched to its utmost in such a way that man’s character of process emerges and is contained on the paper or canvas. Therefore, Lage’s art contain traces of human life. Not only is it an autonomous unity of tensions where man is stretched out between its singularity and the surroundings it is a part of. It is also this pulsation between figuration and material which brings about the traces of human endeavor and activity. Even when man almost seems to have disappeared into the material, strokes and lines are still there as a reminder of human activity and potential creative power—as a reminder that hope is still possible and that man is still there. The view of the onlooker seeks out forms and meaning. It seeks outlines and edges. But first and foremost it is the eyes in Lage’s works of art that allow the onlooker to decode the figuration at play. This creates a distinctive relationship between the onlooker and the artwork. The onlooker tries to wrest the enigma from the artwork, tries to reduce it to solid, meaningful form. But the very same moment that hints at such a possibility sees the view of the onlooker confronted with a gaze of its own. The eyes of the figure in the work of art are most often dark pits, as if they were an illustration of the violence committed against the eyes of the onlookers and their search for meaning. Or as if they were a dark reflection of the onlooker’s failed attempts to delineate the traces of life in the artwork to a solid meaningful form. Therefore, the gaze of the figuration speaks not only of its own powerlessness but also of the powerlessness of the onlooker. When the view or sight has trouble finding solid meaningful forms, it has something to do with the fact that the precondition for sight, light, no longer stems from something transcendent. In Lage’s art there is nothing outside the works of art, nothing outside of human life, and as such nothing to shed light on the works of art or human life and reveal solid meaningful forms. All light comes from within. In a western context, light as a medium for sight is central to the understanding of meaning. People speak of the clarity of thought, while knowledge is tied together with enlightenment, and so forth. But the light no longer originates from a divine point of view. It originates from man, who has created himself in the image of God. The problem with this is that light always covers up its own base. Light illuminates something but at the same time it hides itself. 6 While it was previously God who was unknowable, now it is man. It is also problematic that sight and the medium of sight stem from the same place. Following this thought one can posit two final problems. Firstly, the immediacy and presence established by light by making forms and objects accessible to sight is fake. Light is not some independent entity which present things in a neutral manner for the onlooker. It is inextricably tied together with the gaze’s desire after meaning. In other words: Light perverts the appearance of things because it doesn’t originate from some objective entity which allows them to appear as they are. Instead light is based upon and originates from the subject and its conquering gaze, seeking out meaning and form constantly. Secondly, the joining of sight and light makes introspection within human life impossible. Everything can be illuminated by its use value for the subject but only as long as it is separated from the subject, as long as it is an object. But the subject itself cannot be illuminated. Lage’s art tears down such a dividing line between subject and matter, but it does so without reestablishing a divine position from where the light emanates. Therefore, the light in Lage’s art may not illuminate very well. It may not have the certainty presented by modern science or the religions of yesterday. But it does show what such light tries to hide, namely, the subject as it is in its material reality—inscribed in time and death, which are the basic conditions of materiality, but at the same time also full of life in its joy and will to create. For the onlooker the meeting of the gaze in Lage’s works of art is thus also a destruction of the view of the onlooker. The ability to see is challenged in a radical way. Those outlines will not solidify into static form, as if the light was too dim to see. Just as in Lage’s figurations, the view of the onlooker turns to black: turns towards the onlooker in recognition and becoming—or disappearance. NOTES Max Horkheimer and Theodor W. Adorno. Dialectic of Enlightenment . (Palo Alto: Stanford University Press, 2002): 4-5. Theodor W. Adorno. Aesthetic Theory . (London & New York, 2002): 176. Carsten Bach-Nielsen. “Mere glæde end gru.” Kristeligt Dagblad . September 24, 2002. Leif Hjernøe. “Den yderliggående inderlighed.” LEIF LAGE—Retrospektiv udstilling 1983 . (Copenhagen: Brøndum, 1983): 18. Ibid. Maurice Blanchot. The Infinite Conversation . (Minneapolis: University of Minnesota Press, 1993): 162-163. (shrink)

There is an idea, going back to Aristotle, that reasons for action can be understood on a parallel with reasons for belief. Not surprisingly, the idea has almost always led to some form of inferentialism about reasons for action. In this paper I argue that reasons for action can be understood on a parallel with reasons for belief, but that this requires abandoning inferentialism about reasons for action. This result will be thought paradoxical. It is generally (...) assumed that if there is to be a useful parallel, there must be some such thing as a practical inference. As we shall see, that assumption tends to block the fruitful exploration of the real parallel. On the view I shall defend, the practical analogue of an ordinary inference is not an inference, but something I shall call a practical step. Nevertheless, the practical step will do, for a theory of reasons for action, what ordinary inference does for an inferentialist theory of reasons for belief. The result is a general characterization of reasons, practical and theoretical, in terms of the correctness conditions of the relevant sorts of step. (shrink)

How should an agent decide what to do when she is uncertain not just about morally relevant empirical matters, like the consequences of some course of action, but about the basic principles of morality itself? This question has only recently been taken up in a systematic way by philosophers. Advocates of moral hedging claim that an agent should weigh the reasons put forward by each moral theory in which she has positive credence, considering both the likelihood that that (...) theory is true and the strength of the reasons it posits. The view that it is sometimes rational to hedge for one's moral uncertainties, however, has recently come under attack both from those who believe that an agent should always be guided by the dictates of the single moral theory she deems most probable and from those who believe that an agent's moral beliefs are simply irrelevant to what she ought to do. Among the many objections to hedging that have been pressed in the recent literature is the worry that there is no non-arbitrary way of making the intertheoretic comparisons of moral value necessary to aggregate the value assignments of rival moral theories into a single ranking of an agent's options. -/- This dissertation has two principal objectives: First, I argue that, contra these recent objections, an agent's moral beliefs and uncertainties are relevant to what she rationally ought to do, and more particularly, that agents are at least sometimes rationally required to hedge for their moral uncertainties. My principal argument for these claims appeals to the enkratic conception of rationality, according to which the requirements of practical rationality derive from an agent's beliefs about the objective, desire-independent value or choiceworthiness of her options. Second, I outline a new general theory of rational choice under moral uncertainty. Central to this theory is the idea of content-based aggregation, that the principles according to which an agent should compare and aggregate rival moral theories are grounded in the content of those theories themselves, including not only their value assignments but also the metaethical and other non-surface-level propositions that underlie, justify, or explain those value assignments. (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)

It is an assumption common to many theories of rationality that all practical reasons are based on a person's given desires. I shall call any approach to practical reasons which accepts this assumption a "Humean approach". In spite of many criticisms, the Humean approach has numerous followers who take it to be the natural and inevitable view of practical reason. I will develop an argument against the Humean view aiming to explain its appeal, as well as to expose (...) its mistake. I focus on just one argument in favour of the Humean approach, which I believe can be constructed as the background idea of many Humean accounts: the argument from motivation. (shrink)

ABSTRACTAlexander Wendt’s Quantum Mind and Social Science is an effort to establish foundations of social science based on the ontology of modern physics. The quantum revolution has deservedly had repercussions in many sciences, but it is unwise to ground social science on physical theories, which are subject to constant revision. Additionally, despite its empirical success, there is no agreed-upon interpretation of quantum theory. Finally, even if there were, the random indeterminacy intrinsic to the quantum world cannot account for the (...) intentionality of human action. Intentional agents act for reasons, not at random; nor are the reasons chosen at random. (shrink)

In the first part (sections 2-5) an empirical theory of practical reasons is sketched and defended. It consists of: hypotheses about what intentions are, namely optimality beliefs, (2), hypotheses about how intentions are formed on the basis of probabilistic beliefs and intrinsic desires (3), a pluralist theory about intrinsic desires (4) and a theory about motives for moral action (5). In the second part (sections 6-8) it is argued that normative practical philosophy must rely on empirical theories (...) of practical reasons (6). Then it is shown that theories of prudential practical rationality and of morals that are not based on such empirical theories run into problems. And it is sketched how the empirical theory outlined in the first part can be used as a basis for a reconstructive approach to practical rationality and of an internalist approach to morals (7-8). (shrink)

What is it for an agent to have a reason to do a certain action? Does this mean that she would desire to do the action under specified conditions, or that there is some external consideration, which she ought to follow? The former affective (i.e., desire-based) theory is ascribed to Humeans, whereas the latter cognitive theory is adopted by Kantians. The debate between the two views has seemingly ended up in a theoretical standoff, and most of (...) the theorists of practical reason have recently turned their attention to the motivational attitude—preceded either by affective attitudes or by cognitive attitudes—as a necessary constituent of having a reason. They contend that an agent has a reason to f only if, on certain occasions, she would be motivated to f: I refer to it as Motivation Reason Internalism. In this paper, I argue that Motivation Reason Internalism is a mirage; it does not obtain necessarily. I classify major versions of Motivation Reason Internalism into three idealized counterfactual versions, arguing that they obtain only contingently, since they all face counterexamples. The Motivation Reason Internalist might attempt to dodge the counterexamples by appealing to Contextual Motivations Reason Internalism, but I show that this move also fails. I discuss a third cause for motivation, some unconscious cause, other than cognitive or affective attitudes, which can still be a motivation maker or breaker. These unconscious causes, such as an underlying biological inclination or psychological bias, functions as motivation maker/breaker but not a reason maker/breaker. This makes room for a variety of cases in which we have reason to perform an action in the absence of any kind (i.e., actual or counterfactual) of motivation. (shrink)

How can one be a good person? That, in essence, is the question I ask in this dissertation. More specifically, I ask how we, in general, can best go about the complex and never-ending task of trying to figure out what we should do and then do it. I answer that question in four articles, each dealing with an aspect of the model of morality presented by Adam Smith in The Theory of Moral Sentiments. The title of the dissertation, (...) ‘How to be a good sentimentalist’, thus refers to that particular philosophical framework. However, the answers I give should be relevant to any person concerned with how to be a good person. The first article, Moral Tuning, deals with the first part of the question, namely how we can best go about figuring out what it is that we should and should not do. Specifically, it deals with the question of whether, and if so how, individuals like you and I can critically reflect upon the norms of our own society, sorting the chaff of merely conventional norms from the wheat of genuinely moral ones. In brief, it is the question of whether we as individuals are autonomous in our relation to the norms of our own society. In answering this question, my co-authors and I argue that Smith’s use of musical metaphors in TMS, words like tone, pitch, and concord, can be understood as elements of an analogical model of morality. In contrast to earlier interpretations of Smith’s musical metaphors, which have seen music as an aesthetic object, we draw on recent developments in musicology to argue that music may also be construed as a practice. Construing the source domain of this analogical model as musical practice allows us to construe the target domain also as a practice—as moral tuning. This in turn allows us to argue that moral autonomy consists in realising the freedom inherent in the constant need to translate norms into action, and in so doing, to interpret and reinterpret, not only the actions, but the norms themselves. In other words, following the norms of our own society already implies that we are autonomous in relation to them. Being good sentimentalists thus begins with realising that we are free to question and reshape the moral standard of our own society. The second article, Love Redirected, deals with the second part of the question, namely how we can best go about doing what we already think we should do. This, then, is a question of moral motivation, more specifically a question about the difference between genuinely moral motivation and other kinds of motivation, like a selfish desire for praise. Smith himself argues that we not only desire the actual praise of other people, but to be worthy of their praise, to be ‘praiseworthy’. The desire to be praiseworthy, the ‘love of praiseworthiness’ is then the genuinely moral motivation, for it aims at nothing but the satisfaction of having done the right thing. The trouble with Smith’s answer is that he does not adequately connect his claim about praiseworthiness to the rest of his model. This has lead to some confusion in the secondary literature, and in the first part of Love Redirected, I seek to end this confusion by combining what Smith says in the various editions of TMS into a coherent argument for how the desire to be praiseworthy comes from redirecting our desire for praise from other people towards the ideal of the ‘impartial spectator’. I then go on to show how this reading also fits with modern psychological research on the moral development of children. Finally, I conclude that this redirection of our desire for praise requires not just negative, but positive emotional reinforcement. Therefore, becoming good sentimentalists involves taking pleasure in our moral successes, no less than we are pained at our failures. The third article, The Practical Impossibility of Being both Impartial and Well-informed, makes a first pass at dealing with the idea of the impartial spectator itself, an idea that is central to the answers given in the two first articles. The problem with the impartial spectator is that she is also supposed to be well-informed about those she judges. However, the demands of impartiality and of understanding pull in opposite directions: To be well-informed—to properly understand the situation and character of the person we judge—we must, typically, be sufficiently physically close to that person to see with our own eyes what they are going through. At the same time, this kind of physical closeness tends to entangle us in the kinds of emotional bonds that hinder an impartial evaluation. One might think that this tension could be eased or eliminated by relying less on physical closeness and more on the powers of our imagination to, as Smith frequently puts it, ‘bring home to us’ the situation of the person we are judging. However, using Construal Level Theory, I argue that merely imagining someone’s situation in detail and/or taking their perspective produces a similar effect to physical closeness, and hence that the tension between understanding and impartiality is practically inescapable. To be good sentimentalists, we must therefore recognise our limitations, and give up on the illusion of ever being fully understanding and perfectly impartial at the same time. The fourth article, The Partially Impartial Spectator as an Ethical Ideal, makes a second pass at dealing with the idea, or rather ideal, of the impartial spectator. It begins with the recognition that we frequently fail to be impartial spectators, both of others, and of ourselves. This is especially true in those cases where our views conflict with those of someone else. Building on research detailing the various ways in which cognitive and affective biases impact our perception of the world, our reasoning about our own views, and our ability to resolve disputes with others, I argue that merely trying harder to be impartial spectators is liable to backfire, rendering us just as biased as ever, to which is added an unshakeable confidence that we were right all along. Therefore, I go on to argue, we must try smarter. Trying smarter, I conclude, involves aiming for something less ideal, more achievable, and, most importantly, humbler, namely to be partially impartial spectators. Being a good sentimentalist thus beings with realising our freedom to interpret, continues in our taking pleasure in our moral successes, pauses at the realisation that we will never be truly impartial spectators, and ends with a commitment to continued improvement under the lodestar of the ideal of the partially impartial spectator. (shrink)

This paper proposes and defends an account of what it is to act for reasons. In the first part, I will discuss the desire-belief and the deliberative model of acting for reasons. I will argue that we can avoid the weaknesses and retain the strengths of both views, if we pursue an alternative according to which acting for reasons involves taking something as a reason. In the main part, I will develop an account of what it (...) is to take something as a reason for action. On the basis of this, I will then offer a new account of what it is to act for reasons. (shrink)

What, ultimately, is there good reason to do? This book proposes a unified theory of agent-dependent reasons and agent-independent reasons. It holds that principles which assign reasons to agents are valid if and only if they make maximally good sense in the light of relevant data and background theories. The theory avoids problems encountered by views associated with Nagel, Parfit, Brandt, Hubin, Gert, Baier, and Tiberius, amongst others. By what criteria should a normative theory of ultimate (...) reasons be judged? Plausible meta-level criteria emerge from a process of identifying the criteria that have been used, sometimes unwittingly, by various theorists; categorizing and evaluating the criteria in the light of each other; and proposing revisions on that basis. This method escapes the drawbacks of rival approaches, such as those associated with Parfit, Gert, and Darwall. The resulting criteria cast a favorable light on the proposed normative theory of ultimate reasons. (shrink)

In computational cognitive science, a valuationist picture of human agent architecture has become widespread. At the heart of valuationism is a simple and sweeping claim: Every time an agent acts, they do so on the basis of value representations, which are, roughly, representations of the expected value of one’s response options. In this essay, I do three things. First, I give a systematic, philosophically rich account of the valuationist picture of agency. I also highlight the generality of the model in (...) explaining diverse forms of person-level agency. Second, I discuss connections between the valuationist model and two traditional models in philosophy, the belief/desire model and the decision-theoretic model. Valuationism is related to both, but critical differences remain. Third, I canvas the wide-ranging implications of valuationism for philosophical inquiry. Among other things, valuationism illuminates the elusive boundary between activity and passivity; it flips the standard philosophical understanding of decision around, with decision being a source of, rather than a product of, one’s agency; it reconceptualizes motivation as, in part, a representational phenomenon; it challenges a philosophical dogma that control over action is more extensive than control over belief; and it offers an intriguing “accuracy-based” approach to the normative criticism of agency. (shrink)

How does human agency relate to the good? According to a thesis with ancient pedigree, the connection is very tight. Known as “the Guise of the Good” (GG), it states that human action or motivation to act, of some special kind or another, is only possible insofar as the agent performs or is motivated to perform the act because of the good she sees in so acting. But how might agents see their actions as good? Recent research in moral (...) psychology, the philosophy of mind, and the cognitive sciences suggests that affective states may play a deep role in cognition and action as representations of value: for instance, pain may represent an injury as bad for one. This dissertation begins by defending just such an evaluationist account of unpleasant pain from an objection, and then develops and defends an affect-based version of GG. The first part of the dissertation (Chapter 2) considers a foundational problem for an evaluationist theory of affect. The theory is motivated by its ability to make sense of our aversive intentional responses to pain as responses to value, but the shooting the messenger objection charges that it is unable to make sense of our aversive behavior to the sensations themselves. I propose a solution to this problem on behalf of the evaluationist: when we introspect our pains we also turn our emotional distress inwards, enabling it to represent our pains as bad. One crucial question GG theorists must face is just what the good of GG is. Chapter 3 argues that, lest the thesis be too weak, it must hold that actions must appear to their agents to meet a standard of practical reason. The chapter then shows how the intelligibility motivation for GG can lead naturally to the view that the standards so presented are shared publicly. Chapter 4 argues against the standard understanding of GG in terms of essentially evaluative desires and contends that it should be replaced by hard-line affectivism, the view that GG is true because actions are based on affective states that represent there as being reason for those actions. (shrink)

1. Introduction: a look back at the reasons vs. causes debate. 2. The interventionist account of causation. 3. Four objections to interventionism. 4. The counterfactual analysis of event causation. 5. The role of free agency. 6. Causality in the human sciences. -- The reasons vs. causes debate reached its peak about 40 years ago. Hempel and Dray had debated the nature of historical explanation and the broader issue of whether explanations that cite an agent’s reasons are causal or not. Melden, (...) Peters, Winch, Kenny and Anscombe had contributed their anticausal conceptions. The neo-Wittgensteinians seemed to be winning the day when in 1963 Donald Davidson published his seminal paper “Actions, Reasons, and Causes”. Davidson’s paper devastated the Wittgensteinian camp. It contained, among other things, a powerful attack on the logical connection argument. Davidson argued that the existence of a logical or conceptual connection between descriptions can never eliminate a causal relation, which holds between events simpliciter, not between events under certain descriptions. Davidson maintained that in a way, reasons can be causes. When somebody acts for a certain reason, his intentional attitudes, or rather changes in his attitudes, cause his bodily movements. Davidson also argued that rationalization is a species of causal explanation. For the definition of action, he argued that intentional actions are bodily movements caused in the right way by beliefs and desires that rationalize them. Davidson’s paper paved the way for causal theories of action, which superseded neo-Wittgensteinian analyses in the following decades. The causal theory was rapidly adopted by Alvin Goldman, David Armstrong, Paul Churchland, Myles Brand and many others, entering the mainstream and dominating the philosophy of action to this very day. In 1971 Georg Henrik von Wright published his book "Explanation and Understanding". The second chapter did not deal with agency, but with causation. It developed a new account of causation, the interventionist or experimentalist account. Focusing on causation, von Wright remedied a major shortcoming of the reasons vs. causes debate. The concept of causality, and the nature of the causal relation, received little attention in this debate, a fact that holds true for both camps. Mostly it was simply taken for granted that, as Hempel had declared, “causal explanation is a special type of deductive-nomological explanation”. One camp then aligned intentional explanations with D-N explanations, while the other camp insisted on their disparity. So strictly speaking, the label “reasons/causes debate” was a misnomer. The controversy dealt primarily with the question as to whether intentional explanations can take the form of D-N explanations, while the notion of causation, and the metaphysics of the causal relation, were left obscured. With von Wright’s new approach, the situation changed. Von Wright was primarily concerned with causation, but his approach contained an implicit attack on the causal theory of action as well. His core idea was that the notion of causality is intimately linked with, or even derived from, the notion of intentionally making something happen. Other philosophers, even Hume, had considered such a connection before, but often just to reject this view, regarding it as a kind of myth belonging to the infancy of the human mind. Von Wright took the idea seriously. He submitted the analysis that p is the cause of q if and only if by doing p we could bring about q. The causal theory of action was also concerned with the relation between causation and agency, to which its name bears witness. The causal theory of action holds that actions are bodily movements with a certain causal history. This is why von Wright’s account constituted a momentous challenge to the causal theory: it reversed the direction of conceptual dependency between both notions. Davidson and his followers tried to define what an intentional action is by using the notion of causation. The causal condition which the causal theory sets is part of the definition of “doing something intentionally”. Von Wright claimed that the conceptual dependency is the other way round. He used the notions of doing, and bringing about, to explain what causal relations are. So, instead of a causal theory of action, he advocated an agency theory of causation, as it may be dubbed. It is remarkable how seldom this clash of opinions about conceptual primacy is reflected in the literature. There are few exceptions: Fred Stoutland noticed the conflict, and he published a number of papers in which he compared Davidson’s and von Wright’s views. Von Wright’s book "Explanation and Understanding" was widely read and discussed in the seventies, especially in Europe. But it strikes me that especially in North America, where the causal theory of action became the orthodoxy of the day, von Wright’s challenge went largely unnoticed. Even Davidson did not seem to take it seriously. He nowhere takes notice of the interventionist theory of causation, while he does discuss von Wright’s earlier book "Norm and Action". As is well-known, Davidson favoured an alternative account of causation, based on “the principle of the nomological character of causality”, as he somewhat clumsily called it, or, later and less clumsily, “the cause-law thesis”. Davidson’s firm adherence to a nomological theory of causality may explain why he did not take much interest in alternative accounts. [...] -/- . 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PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

What kind of thing is a reason for action? Are reasons for action subjective states of the agent, such as desires and/or beliefs? Or are they, rather, objective features of situations that favor certain actions? The suggestion offered in this article is that neither strategy satisfies. What is needed is a third category for classifying reasons which makes them out to be neither purely subjective nor purely objective. In brief: a reason for action (...) is a feature of the situation that matters to the agent. On this proposal, subjective states of the agent are indeed indispensable in characterizing reasons for action. Precisely which set of situational features matter to an agent—precisely what shape the agent experiences the situation as having—depends on the agent's psychological makeup. Those features themselves are not psychological states, however, and it is precisely those features that constitute the agent's reasons for action. (shrink)

Some theories of well-being in philosophy and in psychology define people’s well-being in psychological terms. According to these theories, living well is getting what you want, feeling satisfied, experiencing pleasure, or the like. Other theories take well-being to be something that is not defined by our psychology: for example, they define well-being in terms of objective values or the perfection of our human nature. These two approaches present us with a trade-off: The more we define (...) well-being in terms of people’s psychology, the less ideal it seems and the less it looks like something of real value that could be an important aim of human life. On the other hand, the more we define well-being in terms of objective features of the world that do not have to do with people’s psychological states, the less it looks like something that each of us has a reason to promote. In this paper I argue that we can take a middle path between these two approaches if we hold that well-being is an ideal but an ideal that is rooted in our psychology. The middle path that I propose is one that puts what people value at the center of the theory of well-being. In the second half of the paper I consider how the value-based theory I describe should be applied to real life situations. (shrink)

Economics is often believed to be a `value-free' discipline, and even an `a-moral' one. My aim is to demonstrate that homo œconomicus can recover his ethical nature if the philosophical roots of contemporary economics are laid bare. This, however, requires us to look for an alternative foundation for the idea of `social order,' a foundation which economics is ill-equipped to provide because of its exclusive focus on calculative rationality. But a new ethical perspective on homo œconomicus and on the manner (...) in which he chooses his actions is possible. My aim here is to make this new perspective explicit.Two claims lie at the heart of this paper. The first claim is that economics as practised nowadays — that is, as a discipline concerned with the analysis of the interactions between individual decisions and the collective effects of these interactions — is a particular form of metaphysics, based on a particular articulation between self-centredness and other-centredness. The second claim is that, unbeknownst to the vast majority of economists, the basic principle of individual optimization contains the seed of a radical reformulation of what the emergence of `social order' is all about. More specifically, economics will be claimed to be a specific metaphysical discipline based on the monadological worldview inherited from Leibniz and re-arranged to fit the empiricist bias of 18th-century thinkers, and the principle of individual optimization will be claimed to be compatible with a very different metaphysical view of the human subject, a view which `turns subjectivity inside out', so to speak, and treats optimizing calculation as a response rather than as an initiative.The first claim is rather general, and not completely new — it has been hinted at, for example, by Jon Elster in an early book written in French, but it has received precious little attention among economists so far, with the result that economics has become increasingly blind to the philosophical roots of its most fundamental views on individual decision and on social order. The second claim applies to economics and homo œconomicus a general suggestion coming from Alain Renaut, that we ought to make good use of the accusations of incoherence voiced against the monadological scheme in order to re-think the way in which human subjectivity works. Renaut, however, remains at the level of the history of the philosophical concept of subjectivity. Although he does, in passing, make some mention of possible implications for the social sciences, he never goes into the full analysis of what the critique of monadological metaphysics implies for modern theories of society, and for economics in particular. One of my main goals here is to fill this gap.Let me now be more specific about the steps of my analysis. Defending my two claims will require, first of all, a rigorous understanding of the basic methodological stance adopted by economics, namely the idea that social order `emanates' from a bunch of self-centred subjectivities making separate optimizing decisions. Accordingly, in Section 2, I will trace out the analogy that exists between Leibnizian monadology and modern-day economics. The aim there will be to show that economics, unwittingly but for nevertheless deep ethical reasons, has remained `stuck' in a very specific metaphysical position which virtually no contemporary philosophy of subjectivity any longer acknowledges. Section 3, then, will show how the combination of monadology and empiricism which still prevails in contemporary economics can be overcome by entering an altogether distinct philosophical domain characterized by the primacy of Other over Self.While this alternative philosophical stance has experienced a surge of interest in recent decades, it has left the social sciences, and particularly economics, completely untouched. The reason is, I will claim, that this strand of philosophy adopts a form of methodological altruism which stands in contrast both to the methodological individualism of economics and to the methodological holism of various strands of post-Durkheimian sociology. In Section 4, then, I analyze some of the far-reaching consequences for economics which would flow from taking into account `non-I' motives which are not `We' motives, i.e., motives for action which are neither mere holist pastings onto individualism nor mere individualist mitigations of holism.The principle of choice of action through individual optimization will appear as the `hinge' between two worlds: although initially anchored within a worldview where social coexistence is a by-product of individual calculations, the idea of optimization will be seen to be compatible with a very different, and indeed almost reversed worldview, one where individual calculations emerge as by-products of social coexistence — the term `social' being itself radically re-thought in a non-holistic direction.The aim of my analysis, ultimately, is to formulate a challenge for contemporary economics and its implicit view of the interaction between individual and society: Can the combination of monadological and empiricist thinking so strongly ingrained in economics be overcome in the direction of a radically `other-oriented' view of the human subject? Many economists will doubtless believe it cannot; however, they will now, at least, have to explain why they hold to the older view and hence they will have to uncover their often hidden ethical and metaphysical presuppositions. I view this not as an undue disturbance or as mere conceptual hair-splitting, but as a timely opportunity to clarify some deep philosophical issues which haunt economics. (shrink)

The subject of my dissertation is "rationality". In this book I undertake a comprehensive, systematic and independent treatment of the problem of rationality. This furthers progress toward a general theory of rationality, one that represents and defends a uniform conception of reason. The structure and general outline are as follows: Part I: General Definition of the Concept; Part II: Rationality in the Theoretical Realm; Part III: Rationality in the Practical Realm (parts II and III are divided respectively into A. (...) Relative Reasons and B. Absolute Reasons); Part IV: Grounds for the Principle of Reason. My aim in this work is to prove that a conception of rationality as justification of our usage of language is more significant than has been classically recognized, without, however, reducing the concept of rationality. After a definition of the term is provided in the first chapter by means of language analysis, the following three questions are dealt with in the subsequent chapters: a) Exhaustion of rationality in relative reasons—i.e., is reasoning exhausted by reference to existing views and goals, or does rationality also exist in a strong sense? The latter would be the case if the views and goals referred to the relative conception must themselves be justified de novo. I argue that such an absolute justification of views and goals cannot be provided. To this end, in the theoretical domain, I discuss a question prominent in the debate over the rationality of worldviews, namely the question of whether the standards of theoretical rationality are merely culturally relative (chapter V.). Here I arrive at the position that standards of theoretical rationality are only transcultural insofar as there are goals which are not themselves culturally-dependent. With regard to practically fundamental goals, the core standards of modern science can be justified. This justification strategy therefore requires that such goals be established. In practical terms, first I address (in Chapter VII) the so-called "final justification" of norms problem. Here I discuss above all the transcendental-pragmatic proposal and the contractualist conception. According to my view, neither succeed in providing a final rational grounding for norms. That grounding pertains instead to the rationale for objectives, and Chapter VIII demonstrates that even a final justification of objectives is impossible. This does not mean, however, that a person's goals cannot be criticized as irrational. But the warrant in this case depends on the rules that govern the genesis of desires being accepted by the subject. b) If substantive rationality does not exist because no absolute grounding for opinions and goals can obtain, then the question of how strong or weak the concept of rationality is acquires further weight. On that basis, relative theoretical and practical rationality is examined in detail. I aim with this analysis of (relative) rationality to apprehend the structural parallelism between rationality in both the practical and the theoretical domain, and therefore to defend a uniform conception of reason or rationality. This is accomplished by identifying a concept that exhibits the same structure in both theoretical and practical domains: the term "rational" is applied to actions and opinions in order to claim, first of all, that they are "well-founded." For example, one must inquire into the precise rational justification for opinions or actions. To determine the individually necessary and jointly sufficient conditions required for an opinion or action to be rational, one must first provide a formal characterization of the rationality of those opinions or actions. What is to count as a rational ground can only be explained by formal procedures and results achievable via those procedures. To be more specific, I claim that the process of opinion formation and practical reflection is subject to rational justification based on internalist rules. The rules governing theoretical rationality can have their content transformed in a further move, if one takes the result of the process of rational opinion-formation as the product of an epistemological determination, that is, as a decision about which opinion to hold that is made on the basis of epistemological or prudential goals. Implicit in this position is the controversial idea that one can actually decide to believe something. The rules of practical reason are the rules that guide the rational selection of objectives and actions. The structural parallelism of theoretical and practical rationality consists, therefore, in the fact that both refer to mental processes that are controlled by rules which one freely accepts and follows. In both cases, these rules are to be understood as governing the rational choice of a mental or physical action. c) Therefore, the question of whether rationality—being rational—can in turn be grounded by reasons can be answered in the following way: The rules of rationality can only be justified with reference to a person’s goals, as the best strategy for achieving those goals. If someone does not desire the optimal realization of his goals, there is no other way of arguing directly for rationality. One can only attempt to demonstrate—if the person is open to argument—that it is typically in the person's own best interest to adhere to the rules of rationality. (shrink)

It is largely agreed that if constructivism contributes anything to meta-ethics it is by proposing that we understand ethical objectivity “in terms of a suitably constructed point of view that all can accept” (Rawls 1980/1999: 307). Constructivists defend this “practical” conception of objectivity in contrast to the realist or “ontological” conception of objectivity, understood as an accurate representation of an independent metaphysical order. Because of their objectivist but not realist commitments, Kantian constructivists place their theory “somewhere in the space between (...) realist and relativist accounts of ethics” (O’Neill 1988: 1). Furthermore, they argue that their practical conception of objectivity succeeds in making sense of certain features of morality, such as its categorical authority and its relation to rational agency, which escape rival theories (Korsgaard 1996b, Korsgaard 2003b). To this extent, constructivism claims a privileged place in meta-ethics. The legitimacy of this claim is widely challenged. Precisely because of its practical conception of objectivity, many – including some constructivists — regard constructivism as a first-order normative theory, rather than as a meta-ethical position, hence not on a par with realism. Some critics object that constructivism fails to offer a distinct meta-ethics because it is structurally incomplete and thus must be combined with a fully-fledged meta-ethics (Hussain and Shah 2006); others argue that it tacitly relies on realism (Timmons 2003; Shafer-Landau 2003; Larmore 2008). Thus far, the debate about the prospects of constructivism as a meta-ethical theory has been driven by the conviction that the case for or against constructivism depends on its ontological commitments. In this chapter, I propose a change in perspective. My aim is to defend constructivism as an objectivist account of practical knowledge. Its defining feature is the claim that practical knowledge is knowledge by principles. Its task is to establish a constitutive relation between knowledge of oneself as a practical subject and knowledge about what one ought to do. By focusing on the issue of practical knowledge I hope to show that the difficulty in situating Kantian constructivism firmly on the meta-ethical map, along with other meta-ethical theories, reflects ambiguities and oscillations about the practical significance of ethics. Even though the term is ambiguous, I retain the qualification “Kantian” for the constructivist theory I outline, and for two reasons. First, while the theory I outline differs from current agnostic or anti-realist variants, it is closer to its origins, since Kant treats practical reason as a cognitive capacity and takes moral judgments to be objective moral cognitions, which importantly differ from other sorts of rational cognitions because they bind us in the first person. Practical cognitions are common knowledge because they are such that all subjects endowed with rationality can arrive at them by reasoning and find them authoritative. Thus understood, Kantian constructivism carves a distinct logical space in the meta-ethical debate that other sorts of constructivism fail to identify. This is the second reason for keeping the qualification “Kantian”. On this formulation, constructivism is antagonistic to non-cognitivist theories denying that moral judgments have cognitive contents, because they deny that there is something to be known; but it is also a rival to cognitivist theories denying that knowledge can be practical in itself. How constructivism differs over the realist theories of practical reason is the least understood aspect of this debate. This essay aims to make the case that practical reason is both discursive and emotional. In contrast to foundational and anti-realist accounts of practical reasoning, it attempts to show that the moral feeling of respect plays a cognitive but non-evidential role in the account of the cognitive and practical powers of reason. The argument proceeds as follows. In section 1, I consider some prominent constructivist arguments against the model of applied knowledge and show that they are driven by non-cognitivist assumptions about the practicality of ethics and the legitimacy of epistemological claims. In section 2, I argue that these arguments do not succeed in disposing of the idea of practical knowledge as incoherent, because they trade on an ambiguity regarding the proper object of practical knowledge. To solve this ambiguity, I turn to Anscombe’s contrast between “practical” and “speculative” knowledge as models for understanding action. I thus suggest that Anscombe’s account of practical knowledge as knowledge of oneself as an agent is an important resource for Kantian constructivism. This finding prompts us to reset the current dispute about the ontological and epistemological commitments of Kantian constructivism, as illustrated in section 3. While constructivism does not postulate any moral ontology prior to reasoning, it attributes to reasoning the cognitive powers to establish a distinctive relation between the agent and her action. The task of sections 4-7 is to account for the distinctive features of Kantian constructivism understood as an objectivist account of practical knowledge. In section 4, I argue that in order for reasoning to accomplish its normative tasks, it should be conceived as a self-legislating activity. I respond to some objections to the idea of self-legislation as the form of rational willing by offering a dialogical view of practical reason. In section 5, I propose a non-standard interpretation of Kant’s argument of “the fact of reason” to show that the constructivist account of self-legislation does not build on realism about value, as its detractors claim. The “basis of construction” is the subjective experience of respect for the self-legislative capacity itself. This moral feeling conveys our awareness of rational agency and shows our responsiveness to the demands of practical reason. It is an emotional mode of practical knowledge of oneself as an agent (in the sense specified in section 2), but not as a mode of moral discernment. In section 6, I show how practical knowledge of oneself as an agent relates to practical knowledge about what one ought to do. I thus account for the relation between respect as emotional moral consciousness and respect as a deliberative constraint. Finally, in section 7, I reply to the objection of subjectivism. I explain how the complex sort of objectivity that Kantian constructivism affords is at the same time more ambitious and more modest than is generally assumed. (shrink)

This paper extends previous work of mine on a view of human well-being that is a hybrid of objective-list theories and desire theories. Though some of what I say traverses old ground, much of what I say is new – new, that is, not in terms of ultimate conclusions, but rather in terms of (a) routes toward these ultimate conclusions and (b) certain implications of these ultimate conclusions (e.g., implications concerning the measurement of well-being). There are (...) two different visions of what human beings are that I privilege and attempt to synthesize in this paper. One of these visions pushes us toward an objective-list theory. This vision is a broadly Aristotelian one according to which humans have various capacities that are central to their functioning well as the kinds of things they are, that is, as human beings. Though this broadly Aristotelian vision captures something necessary for well-being, it is, as it were, only half of the story. The other half of the story derives from a vision of human beings as unique individuals with different sets of intrinsic desires, and this desire-focused vision of humans is itself informed by Jacques Lacan and his view that each human self is constituted by a particular and dynamic chains-of-signifiers-plus-desire-flow structure. I start by briefly discussing mental state theories (section 1). Then I discuss objective-list theories at some length (sections 2-3), and, while doing this, I occasionally comment on pro-attitude theories (e.g., desire theories). After that, I present the hybrid theory of well-being that I favor and defend it against some objections (section 4). Lastly, I conclude the paper (section 5). (shrink)

Is there any reason to discriminate among the rival claims self-proclaimed conservatives make for being truly conservative? This article argues that at least some of these claims can legitimately be dismissed by an independent third. Drawing on and critically interrogating the theories of conservatism provided by Huntington, Oakeshott, as well as Brennan and Hamlin, this article argues that many characterizations of conservatism mistake contingent circumstances explaining why people historically were or conceivably might be reluctant to promote social (...) change for a fully-formed conservative ideology. Not least, risk- and uncertainty-centred accounts, which have gained in popularity as of recently, constitute no viable basis for plausible claims to being truly conservative. Rather than specifying what it takes to be a true conservative, these accounts provide a formalized description of one kind of contingent circumstances that may lead a principled non-conservative to adopt conservative political attitudes. (shrink)

The central problem of the ‘normativity of law’ concerns how legal rules or directives give us reasons for actions. The core of this question is how something that is external to the agent, such as legal rules or directives, can be ‘part of the agent’, and how they can guide the agent in performing complex actions (such as legal rule-following) that persist over time. David Enoch has denied that the normativity of law poses any interesting challenge to theories (...) of law. He argues that law provides reasons for actions in terms of what he calls triggering-reasons and he advances the view that because there are many circumstances in which reasons are triggered, law does not pose a special challenge. According to Enoch, once we understand the way that triggering reasons operate, we can understand how legal rules and directives provide us with reasons for actions. In §II of this paper, I set the stage for the debate and establish a set of principles that emerge from the common sense of view of reasons for actions and argue that any theory of reasons for action should provide a coherent explanation of these key principles. I focus on the idea that a satisfactory account of reasons for action should also explain reasons in actions. In §III I explain briefly the different theories of reasons for action and locate Enoch’s conception of reasons for action as triggering-reasons within this theoretical framework. In §IV I show that Enoch’s conception of reasons for actions does not explain some of the key features or principles that emerge from our common sense view of reasons for action and nor does it explain reasons in actions.Resumen:El problema central de la ‘normatividad del derecho’ versa sobre cómo las reglas o directrices jurídicas nos dan razones para la acción. El núcleo de esta cuestión reside en cómo algo que es externo al agente, tal como las reglas o directrices jurídicas, pueden ser ‘parte del agente’, y cómo pueden guiar a ese agente al llevar a cabo acciones complejas (tal como la obediencia de las reglas) que persisten en el tiempo. David Enoch ha negado que la normatividad del derecho presente algún reto interesante a las teorías del derecho. Arguye que el derecho provee razones para la acción en términos de lo que él llama razones detonantes (triggering-reasons) y propone la perspectiva de que, dado que hay muchas circunstancias bajo las cuales se detonan las razones, el derecho no plantea ningún reto especial. De acuerdo con Enoch, una vez que entendemos la manera en que operan las razones detonantes, podemos comprender cómo las reglas y directrices jurídicas nos proveen razones para la acción. En la sección II de este artículo, fijo el escenario para el debate y establezco una serie de principios que emergen de la visión de sentido común sobre las razones para las acciones, y sostengo que cual- quier teoría de las razones para la acción debería proporcionar una explicación coherente de estos principios clave. Me centro en la idea de que una concepción satisfactoria de las razones para la acción también debe- ría explicar las razones en las acciones. En la sección III, explico brevemente las diferentes teorías de las razones para la acción y ubico la concepción de Enoch de razones para la acción como razones detonantes (triggering-reasons) dentro de este marco teórico. En la sección IV muestro que la concepción de Enoch de razones para las acciones no explica algunas de las principales características o principios que emergen de nuestra visión de las razones para la acción basada en el sentido común, ni tampoco explica las razones en las acciones. (shrink)

How do we judge whether an action is morally right or wrong? If an action is wrong, what reason does that give us not to do it? Why should we give such reasons priority over our other concerns and values? In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about (...) right and wrong is thinking about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism. Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong. (shrink)

What constitutes an appropriate justification of a given value? Can our deepest values be justified at all? These questions define my project. ;I reconstruct the perspective from which seeking justifications of value makes most sense--the "value crisis," modelled on the life of the idle hero of Goncharov's novel, Oblomov--and posit it as the standpoint from which the adequacy of practical reasons and justifications can be reliably adjudicated. ;Chapter One explores Kantian theory of value. On Christine Korsgaard's reading, this theory (...) defends one ultimate value--"humanity" or the capacity of practical reason--by claiming that this value is presupposed in valuing anything at all. I distinguish three versions of this theory, arguing that only one meets Oblomov's scrutiny. This version traces justification of value to the agent's "conception of practical identity," and further, to the agent's "humanity," understood as his nature as a being committed to some such conception. ;Chapter Two confirms the central role of identity in justifications of value. I examine Derek Parfit's commonly accepted taxonomy of conceptions of well-being, exposing the drawbacks of each. I use these criticisms to formulate a set of requirements for a more plausible conception. An identity-based conception meets these requirements and emerges as a superior but neglected conception of well-being. ;But what exactly is one's identity? In Chapter Three I examine the views of several contemporary philosophers whose work suggests that identity plays a key role in guiding rational actions , and conclude that one's identity must be understood in terms of one's normative commitments. ;With identity so understood, the claim that value is justified in terms of identity implies that there is no substantive justification beyond the agent's normative commitments. Can nothing more be said? In Chapter Four I argue that a particular normative commitment can still be justifiably criticized; for instance, on account of the agent's self-deception, ideological delusion, or lack of experience. Furthermore, the agent can be justifiably confident in the value of having contingent normative commitments: even in a value crisis he would value valuing and could not honestly reject the need for such commitments. (shrink)

It is often thought that desire-based versions of reasons internalism, according to which our practical reasons depend on what we desire, are committed to denying that we have any categorical reasons. I shall argue, however, that such theories are committed to a universal desire which gives rise to an unexpected categorical reason – a reason to know our surroundings. I will arrive at this conclusion by using Fichte’s argument for thinking that security from unpredictable and powerful (...) forces of nature is constitutive of agency. Fichte thinks this is the case because we ought to aim at knowledge of our surroundings, and such environments uniquely facilitate it. I show that his argument fails, but the point that we ought to aim at – or desire – such knowledge is fundamentally sound. This aim can then be leveraged to generate a categorical reason when embedded in an account of agency typically embraced by internalists. (shrink)

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

What role does our knowledge about the ideal society play in guiding policymaking in the real world? One intuitive answer is to approximate. Namely, we have a duty to approximate the ideal within the relevant constraints of feasibility. However, political philosophers seem to have what might be called ‘approximatophobia'. Many philosophers, including idealists such as David Estlund, warn against approximation. Their criticism is chiefly motivated by ‘the problem of second best’, which points out that your second-best option may (...) not be closest to your best option. This paper aims to dispel ‘approximatophobia'. The difficulty posed by the problem of second best is often overstated. More positively, I present a novel defence of approximation, arguing that approximation of an ideal can be a reasonably reliable default strategy of action guidance in the real world. Difficulties that may afflict the project of approximation can be mitigated by sophistication of the project of approximation. After showing that critics of approximation overstep their mark in issuing the strong or moderate warning against approximation, I propose an account of sophisticated approximation. It seeks a series of reforms that make existing social institutions closer to the ideal based on careful selection of frame of analysis. Three virtuous correlations are identified as indicators for successful project of approximation, linking descriptive similarity to desirability, feasibility and knowledge of the ideal. I also explain a two-staged strategy of sophisticating the way you approximate the ideal, with an expected positive feedback effect. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BASIC GOODS AND THE HUMAN GOOD IN RECENT CATHOLIC MORAL THEOLOGY }EAN PORTER University of Notre Dame Notre Dame, Indiana 0 NE OF THE MOST striking features of Catholic moral theology since Vatican II has been the reluctance of so many moral theologians, on all sides of the controversies which have characterized that discipline, to offer a substantive account of goodness and the human good as a basis for (...) understanding the moral life. There has been an extensive discussion of human goods (plural) and their relation to moral obligation, but no one, to my knowledge, has attempted to ground that discussion systematically in a substantive account of what it means to live a good human life which would precede and justify the identification of some goods as true or basic human goods. To the contrary, a number of the most influential moral theologians, led by Germain Grisez and John Finnis, insist that our knowledge of moral obligation cannot be based on any such general metaphysical or anthropological theory. Instead, they hold that morality is grounded in our recognition of certain basic goods, which are self-evident to us. My purpose in this essay is to examine the claim that some basic goods are self-evidently such to us. I will argue that Grisez and Finnis have not made a convincing case that there are selfevident basic goods. Moreover, I will argue that, to the extent that defenders of proportionalism do not challenge the GrisezFinnis account of basic goods, their alternative theories of morality are vitiated as well. I will conclude that the current debate in Catholic moral theology concerning the foundations of moral obligation might more fruitfully be cast as a debate over rival ac27 28 JEAN PORTER counts of the human good, than as a debate over the moral significance of particular goods. The Grisez/Finnis account of basic goods In order to understand the point of the account of self-evident basic goods developed by Grisez and Finnis, it will be necessary to see how this account functions in the context of their overall theory of morality.• This theory of morality begins with a general account of practical reason, which is then narrowed down into a theory of moral action, interpreted as action that is rational in the fullest possible sense. That is, this theory begins with the observation that all rational agents act in order to obtain or to preserve something that seems to be good, at least to that agent. But even the most rational agent can be mistaken as to whether this concrete desideratum is truly good, and in such a case the action is likely to be self-frustrating or even harmful to the agent (to say nothing of its consequences for others). Hence, the exigencies of practical reason itself, prior to the introduction of any properly moral consideration, force us to ask whether the seeming goods for which we act are true goods. And how are we to distinguish between true and seeming goods? Grisez and Finnis reply that the (true) good in its most general sense must be understood as that which is desirable, not only for this or that individual or in these special circumstances, but desirable per se, for every individual and in all situations. So far, this line of analysis will be familiar to anyone acquainted with scholastic philosophy. But at the next stage of the argu1 In my summary of the theory of morality put forth by Grisez and Finnis, I have relied primarily on the following works: John Finnis, Natural Law and Natural Rights (Oxford: Clarendon Press, 1980); Germain Grisez, The Way of the Lord Jesus, Volume One: Christian Moral Principles (Chicago: Franciscan Herald Press, 1983); and Germain Grisez, Joseph Boyle, and John Finnis, "Practical Principles, Moral Truth, and Ultimate Ends," The American Journal of Jurisprudence, 32 (1987), 99-151. The latter essay presents a summary of their theory including a detailed commentary on the earlier works through which it was developed, as well as responses to critics, and may be said to be the definitive statement of the Grisez/Finnis theory of morality up to now. BASIC GOODS AND THE HUMAN GOOD 29 ment, the originality... (shrink)

Normative reasons for action are considerations in favor of doing something. One view of what makes any of our desires or impulses reasons for us to act, that of Christine Korsgaard, is voluntaristic: it claims that we assess desires or impulses in light of practical conceptions of our identity, and then legislate reasons for ourselves on their basis. Our endorsement of a desire makes it a reason. Korsgaard further argues that in giving ourselves whatever particular reasons (...) we choose, we also generate reasons to respect our own nature as reflective beings. I argue that a) as attractive as it is, Korsgaard's view does not actually achieve the voluntarism it strives for, and b) the argument that if we have any practical reasons we consequently have reasons to value ourselves as reflective beings comes into conflict with voluntarism about reasons. In the process I reveal the ways in which some of our impulses can be reasons without being chosen or endorsed. (shrink)

The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason (...) to want something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are, how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features. (shrink)

An examination of the philosophical issues surrounding prudential value: what it is for something to be good for a person; and well-being: what it is for someone's life to go well. It critically analyzes competing approaches, and proposes a new subjective account that addresses key weaknesses of existing theories.

This dissertation urges philosophers to reevaluate how they frame the question of the rationality of moral action. Its motivation is the thought that approaches to the question have suffered from mistakes in the relata. On the part of theories of practical reason, philosophers adopt an inadequate theory of action. On the part of moral theory, philosophers hold narrow conceptions of moral worth. As a result, not only have we failed to vindicate the thought that the moral (...) agent acts well, our conception of moral action invites the charge of remoteness from human life. ;In response, I propose we abandon some dogmas of moral psychology. My rethinking proceeds, negatively, by rejecting desire-based instrumentalist accounts of practical rationality and, positively, from renewed attention to virtuous action, a focus some suggest might counteract the remoteness of which morality's critics complain. I attend to the virtue of true friendship to defend non-instrumental conceptions of moral psychology and practical rationality that bring both into closer contact with commonsense norms of admirable action as they bear on what agents have reason to do. ;Chapter 1 introduces desire-based instrumentalism as the theory proponents claim is best suited to avoid the problem of the alienation of practical reason. I argue their claim does not survive scrutiny. ;In Chapter 2 I distinguish between explicit desiderative content and desiderative framing versions of desire-based instrumentalism. I argue the former is false to the content of deliberation and that arguments from the nature of intentional action fail to support the latter. ;Chapter 3 examines the evaluatively non-detachable quality of the descriptions under which actions performed out of friendship are intentional. I develop an account of virtuous action as nonteleologically ally motivated action understood in terms not of what it brings about but of its expressive quality. I argue action's expressive quality is key to assessing moral worth and rationality. ;Chapter 4 develops my account of virtuous agents' reasons for acting and asks what earns expressive action its claim to rationality. I argue certain actions inherit their rationality by expressing dispositions to regulate practical attitudes , dispositions themselves rationally assessable. (shrink)

This chapter contains sections titled: Action Intentional vs Unintentional Action Autonomous Action Action for Reasons References Further reading.

Aristotle takes his ethics to be an inquiry into the ultimate good of human life. In the course of his criticism of Plato and Eudoxus, Aristotle formulates two general conditions on the concept of the ultimate good. Firstly, the ultimate good has to be something prakton. The primary sense of prakton is not, as it is often taken to be, of something that is "realizable" in human action, but of something that is, or can be, aimed (...) at in human action. Secondly, in addition to being based on an appropriate moral psychology and theory of action, an adequate ethical theory has to be non-reductivist--it has to give its due weight to the plurality and variety of the goodness of particular intrinsic goods. I examine why Aristotle's criticism of Eudoxus' hedonism as a reductive ethical theory is ineffective, and point out some deficiencies in Aristotle's own account of pleasure. ;Aristotle takes the view that every desire--whether rational or non-rational--is for something that appears good to the agent. This view is compared with what seems to be the currently accepted view, that some of our desires do not involve a valuation of any sort. Although I do not claim that the current view is wrong, I do argue that Aristotle's position may provide an alternative, and plausible, way of thinking about the nature of human motivation. I discuss next Aristotle's concept of telos. A telos has a dual character: it is something an action is aimed at, and also something attained in human action. Although Aristotle's ethics is not teleological, outcomes are important for the ethical evaluation of actions. In order to explicate how outcomes matter, I introduce the concepts of an Aristotelian outcome and of a good Aristotelian outcome. The notion of a third actualization is introduced to throw some light on the sort of success in the conduct of life which Aristotle takes eudaimonia to be. ;Finally, I provide an account of Aristotle's theory of practical reason. I argue that his ethical theory demands a very wide interpretation of the concept of deliberation. An analysis of Aristotle's concept of choice is given, and an attempt made to specify the conditions under which an action counts as chosen. Deliberation is ethical if it is guided by the deliberator's conception of eudaimonia. I explicate briefly what it is for a person to have such a conception, what such a conception is like, and in what way a person can be thought to be guided by it. Finally, the concept of practical reason is linked with the concept of the ultimate good. I propose an interpretation of the three conditions Aristotle imposes on the ultimate good in EN I.7--finality, self-sufficiency and choiceworthiness which requires that we initially construe the concepts of finality and of self-sufficiency in a narrow sense, and take the concept of finality as a comparative notion. The three conditions can then be regarded as specifying how deliberation ought to be conducted if it is to lead to eudaimonia. (shrink)

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

Should a patient in a persistent vegetative state live? Is the life of a patient in a mere biological state worthwhile maintaining? I would argue that the life of a PVS patient is instrumentally valuable in so far as it can satisfy the family’s preference to keep it alive. A PVS patient should live if the patient’s family desires it Conversely, the PVS patient should be allowed to die or be actively killed if no one desires him or her to (...) live. Mere biological life has no value at all when no one finds it valuable and it is morally permissible to destroy something valueless to everyone.Under what circumstances should the desires of a PVS patient’s family be disregarded? Their desire to keep the patient alive should not be unlimited if that would evidently harm other patients. The objection based on just resource allocation could set the limits of a family’s desire to keep the patient in a certain condition. I would argue that when only one bed is available in intensive care unit, the life and interests of conscious patient should override these of PVS patients and preferences of the family to keep the PVS patient alive. This is because harm that the conscious patient suffers is much more serious than that suffered by the family.Whether to use organs of PVS patients is also discussed. Is the family’s donating the patients’ organs a minimum duty of no harm or an act of beneficence? It is uncertain. It might be a supererogatory action for the family to do so in a certain situation. (shrink)

One of the deepest and longest-lasting debates in ethics concerns a version of the Euthyphro question: are choiceworthy things choiceworthy because agents have certain attitudes toward them or are they choiceworthy independent of any agents’ attitudes? Reasons internalists, such as Bernard Williams, Michael Smith, Mark Schroeder, Sharon Street, Kate Manne, Julia Markovits, and David Sobel answer in the first way. They think that all of an agent’s normative reasons for action are grounded in facts about that agent’s pro-attitudes (e.g., (...) her desires, valuing states, normative judgments). According to the most popular brand of internalism, idealizing internalism, an agent’s reasons are grounded, not in her actual pro-attitudes, but rather in what her pro-attitudes would be in suitably idealized conditions. Idealizing internalists presuppose that, for any agent with an irrational set of attitudes, there is one uniquely rational set that that agent would have if she were to undergo the relevant idealizing process. I argue that this assumption is false and that it raises two puzzles for idealizing internalism: one about the existence of practical reasons and another about their normative weight. I argue that idealizing internalists have an adequate solution to the first puzzle but not the second. Indeed, when they try to solve the second puzzle, they confront a dilemma. This second puzzle and the associated dilemma thus constitutes a powerful, but so far unnoticed, difficulty for idealizing internalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 125.1 (2004) 148-152 [Access article in PDF] Paul W. Ludwig. Eros and Polis: Desire and Community in Greek Political Theory. Cambridge: Cambridge University Press, 2002. xiv + 398 pp. Cloth, $65. This is a very ambitious and very important, but also importantly flawed, book. It issues from an excellent stable, the Committee on Social Thought at the University of Chicago, and admirably maintains that stable's (...) thoroughbred tradition of sophisticated interdisciplinarity and equally sophisticated interfacing between the ancient subject matter and the target contemporary readership. It aims not merely to interpret the ancient world but also to change the modern. It takes for its subject matter rival constructions of eros (unitalicized, since this is mostly not used as a mere transliteration of the Greek word): a sometimes deadly, sometimes fructifying, amalgam of altruistic and selfish passion, emotion, and reasonable calculation. The flaws lie not so much in the conception as in the execution. This is one of those books in which the whole is palpably less than the sum of its parts, some of which are quite exceptionally thoughtful and thought-provoking. It is partial, too, in that it selects its source texts very precisely and deliberately but neglects others that a less partial (in another sense) reader might have expected the author to tackle at comparable length and with comparable assiduity. It suffers, probably, from an overlong period of gestation. It would have benefited, certainly, from a Maxwell Perkins in the editorial cutting room.Eros is currently, if the pun may be permitted, a sexy topic in ancient or classical studies. Ludwig's own generally accurate listing of works cited (381-92—not, he stresses, xiii, a "bibliography") includes nearly a score of articles and books in the titles of which "eros" or "erotic" appears, one of them a translated article by Freud (Ludwig cites in all eight Freudian works, having no truck with feminist or other rejections of any or all versions of Freudian psychodynamic theory). To these could be added (exempli gratia) Louis A. Ruprecht, Jr.'s Symposia: Plato, the Erotic and Moral Value(which appeared early enough, in 1999, for Ludwig to have taken it into account) or Thomas F. Scanlon's Eros and Greek Athleticsand Victoria Wohl's Love Among the Ruins. The Erotics of Democracy(which did not—they were also published in 2002). It is odd, however, that Ludwig seems to have overlooked Wohl's 1999 article, "The Eros of Alcibiades," which treats a subject that Ludwig himself could hardly not treat, and unfortunate that he did, in that the article appears in revised form in Wohl's new book, the chief premise of which is that "the erotics of democracy is not merely a trope but a dense point of convergence within Athenian social relations and subjectivity."Both Plato's Symposiumand Greek athletics bulk large in Ludwig's account, the former understandably more so than the latter. Indeed, Ludwig begins with a minutely detailed account of—just one speech from—the Symposium, that attributed to "Aristophanes," to which he counterpoints the views that he thinks he can confidently attribute to the "real" Aristophanes, the author of the extant comedies (on which Ludwig concentrates especially, including Clouds, Wasps, and Birds; he promises to return to Lysistrataand Ecclesiazusae). Besides [End Page 148] Plato and Aristophanes, Ludwig's author of choice is Thucydides, at any rate the Thucydides of the Periclean Funeral Oration and of the account of the Athenians' "erotic" decision to go to war in and over Sicily in 415. As for Wohl's claim (above), Ludwig could not agree more. The devil, however, is in the details.And, this is a very detailed book indeed. Ludwig first defines what he means and understands by eros in a variety of subtle and acute ways. It is a "predicament to be experienced and perhaps ameliorated rather than a problem to be solved once and for all" (18); it "occurs in cases in which the desire, whether sexual or not, becomes obsessional" (13, my emphasis); and it was... (shrink)

The article examines the ontological status of reasons for action. There are two positions: the reasons for actions (desires and beliefs) are construed either as states or dispositions, or as events. Anticausalists believe that reasons for actions are states and therefore they cannot be causes of actions, since causation is possible only between events. D. Davidson argues against this view, showing, on the one hand, that our mental states can be causal conditions, and, on the other hand, that under (...) certain conditions they become events (he calls this an “onslaught” of states) and acquire causal power. Davidson’s solution assumes that mental states are dispositional properties, and as a consequence it inherits the weakness of this philosophical concept. The article proves that such a solution cannot be satisfactory due to the difference between physical and mental states. (shrink)

Human life is infused with different kinds of normativity (e.g. instrumental, epistemic, conventional, moral). Different theorists have proposed vastly differing views on how to conceptualize the different kinds of normativity. Whereas social domain theorists have asserted that moral, conventional, and personal kinds of normativity constitute distinct thematic domains and are viewed as such even by young children, other theorists have denied that moral and nonmoral kinds of normativity are thematically distinguishable. The current paper proposes a third approach that may show (...) a way out of the controversy. Instead of viewing normative issues as belonging to one or more distinct thematic domains, it would be more accurate, both philosophically and psychologically speaking, to recognize that any given action may be grounded in multiple, non-exclusive reasons for action. Moral, conventional, and personal reasons for action may be defined in terms of what one believes one can respectively justify to all rational interlocutors, particular social partners, and oneself. The three kinds of reasons for action may accordingly be visualized as dimensions of normativity that together comprise a three-dimensional coordinate “space of reasons.” To illustrate the dimensions approach, 16 examples are given of actions whose values vary independently on each of the three dimensions. (shrink)

I propose an account of desire that reconciles two apparently conflicting intuitions about practical agency. I do so by exploring a certain intuitive datum. The intuitive datum is that often when an agent desires P she will seem to immediately and conclusively know that there is a reason to bring P about. Desire-based theories of reasons seem uniquely placed to explain this intuitive datum. On this view, desires are the source of an agent’s practical reasons. A desire for (...) P grounds conclusive knowledge of a reason to bring P about because that desire makes it true that there is a reason to do so. However, this implies that a basic desire for P can never be in error about there being at least some reason to bring P about. We have the conflicting intuition that basic desires sometimes rationally count for nothing. The guise of the good explains this intuition about the fallibility of desires. On this view, a desire for P represents P as good in some respect. Desires and reasons are independent, so a desire might misrepresent one’s reasons. But this independence is usually taken to rule out that desires ever provide conclusive knowledge of reasons. Capturing the intuition about conclusive knowledge rules out capturing the intuition about fallibility, and vice versa. I propose an epistemological disjunctivist version of the guise of the good that reconciles fallibility with the possibility of conclusive knowledge. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Brief Introduction to a Philosophy of Music and Music Education as Social Praxis by Thomas A. RegelskiRoger MantieThomas A. Regelski, A Brief Introduction to a Philosophy of Music and Music Education as Social Praxis (New York: Routledge, 2016)ANSWERS WITHOUT QUESTIONSThomas Regelski has earned a place as a major figure in music education, if for no other reason than his role as co-convener of the MayDay Group (...) in 1993. Regelski’s contributions to the profession, however, go much beyond the MayDay Group. His many books and articles provide both practical advice and suggestions for music teachers as well as rigorous discussions of important issues for scholars. He is among the most frequently cited authors in music education today and I count myself among those who have been deeply impacted by his work.1Those familiar with Regelski’s oeuvre and the history of the MayDay Group know that “praxial philosophy” has been his central concern since the early 1990s. The idea of praxialism, a term more or less invented by a small group of music education academics,2 has been driven, at least in part, by a desire to counter what has been considered (by some) to be the music education profession’s misguided adherence to and emphasis on “music education as aesthetic education,” particularly as an outgrowth of its Charles Leonard-Bennett Reimer [End Page 213] lineage.3 Along with contemporaries Philip Alperson, Wayne Bowman, and David Elliott (among others), Regelski has been a major voice in adopting and adapting ancient Greek (especially Aristotelean) thought in order to challenge the presupposition, predominant in twentieth-century academic discourse, that a (or the) philosophy of music education should unquestioningly derive from philosophies of art or aesthetics. Through the deployment of concepts such as theoria, techne, poiesis, phronesis, and especially, praxis, Regelski has, along with a cadre of like-minded thinkers, attempted, in the tradition of Christopher Small, to encourage educators to place greater emphasis on the social aspects of music making rather than on the so-called “aesthetic properties” of the music itself. For almost three decades, Regelski has been consistent, if not relentless in his promotion of all things “praxial.”A Brief Introduction to a Philosophy of Music and Music Education as Social Praxis (hereafter A Brief Introduction) comprises seven short chapters. The first three (Part One: Ideology Critique) provide an historical, if editorialized, overview of the history of aesthetics, from its ancient Greek origins in aisthesis to what Regelski calls today’s “aesthetic rationale” for music education. The last four chapters (Part Two: Theory into Praxis and Praxis Informed by Theory) provide arguments for why a praxial philosophy provides a superior basis for music education, along with illustrations of what music teaching based on praxialism might look like in practice. Readers already acquainted with Regelski’s previous writings are unlikely to find anything new in A Brief Introduction. Many of the book’s themes, such as “automania,” “sacrilization of music,” “legitimation crisis,” “pragmatic difference,” “action learning,” and “breaking 100” will be familiar to those who have read his essays over the years. A Brief Introduction, however, is not intended for those already familiar with his previous writings, but for newcomers, such as upper level undergraduates, for whom A Brief Introduction provides, as the title appropriately suggests, a succinct summary of his ideas distilled into just over a hundred pages. Rather than a stand-alone textbook, Regelski imagines the book as a “complement” to other courses, such as introductory classes in music education, conducting classes, instrumental method courses, and so on. Although not stated explicitly, much of the book’s content is relevant primarily (though perhaps not exclusively) for an American/Canadian readership.Regelski explains from the outset that the ideas in the book “are intended as a corrective to current practices and traditions in music teaching” (xx), ones he considers based upon and reflective of “aesthetic ideology.” As he explains, he wishes to operate in the tradition of Critical Theory, where ideology means the imposition of a dominant group’s values over a subordinate group. Although he never discusses processes of social reproduction, established norms and practices [End Page 214] in institutional... (shrink)

According to the Desire-Based Reasons Model reasons for action are provided by desires. Many, however, are critical about the Model holding an alternative view of practical reason, which is often called valued-based. In this paper I consider one particular attempt to refute the Model, which advocates of the valued-based view often appeal to: the idea of reason-based desires. The argument is built up from two premises. The first claims that desires are states that we have reason (...) to have. The second argues that desires do not add to the stock of reasons the agent has for having them. Together the two theses entail that desires are based on reasons, which they transmit but to which they cannot add. In the paper I deal with a counterexample to the second premise: tie-breaking desires. I first distinguish two interesting cases and argue that only the second challenges the premise. Then I move onto analyze this challenge by focusing on Ruth Chang’s recent employment of it. I show that contrary to its counterintuitive appearance, the challenge can be sustained. However, I also argue that Chang overlooks the full potential of one particular response to the challenge: the introduction of higher-order reasons determining the normative significance of these desires. At the same time, I show that this response has a problem that Chang does not consider. As a result, the response can only partially disarm the challenge of tie-breaking desires; or not at all, depending on what significance we attribute to the counterexamples. (shrink)