Alan Gewirth's _Reason and Morality_, in which he set forth the Principle of Generic Consistency, is a major work of modern ethical theory that, though much debated and highly respected, has yet to gain full acceptance. Deryck Beyleveld contends that this resistance stems from misunderstanding of the method and logical operations of Gewirth's central argument. In this book Beyleveld seeks to remedy this deficiency. His rigorous reconstruction of Gewirth's argument gives its various parts their most compelling formulation and clarifies (...) its essential logical structure. Beyleveld then classifies all the criticisms that Gewirth's argument has received and measures them against his reconstruction of the argument. The overall result is an immensely rich picture of the argument, in which all of its complex issues and key moves are clearly displayed and its validity can finally be discerned. The comprehensiveness of Beyleveld's treatment provides ready access to the entire debate surrounding the foundational argument of _Reason and Morality_. It will be required reading for all who are interested in Gewirth's theory and deontological ethics and will be of central importance to moral and legal theorists. (shrink)

The philosophical debate about the concept of Law is dominated by two traditions: Legal Positivism and Natural-Law Theory. Within Anglo-American Jurisprudence, Legal Positivism is unquestionably the more popular approach. Whilst in recent years there have been a number of assaults upon this ruling view, opposition to Legal Positivism is still very much at the margins of contempory Jurisprudence, The authors of this major work argue, however, that Legal Positivism should be rejected, contending that it is incorrect not in some minor (...) detail but in what they take to be its central tenet, the thesis that the concept of law is morally neutral. Their contention amounts to a rejection of Legal Positivism in favour of Natural-Law Theory. Law as a Moral Judgment is an important and controversial contribution to Jurisprudence. It puts forward a coherent and well argued case which will have to be answered by those of opposed opinion. (shrink)

The concept of human dignity is increasingly invoked in bioethical debate and, indeed, in international instruments concerned with biotechnology and biomedicine. While some commentators consider appeals to human dignity to be little more than rhetoric and not worthy of serious consideration, the authors of this groundbreaking new study give such appeals distinct and defensible meaning through an application of the moral theory of Alan Gewirth.

Introduction JOHN HORTON AND SUSAN MENDUS The essays in this volume are concerned with the theoretical and conceptual issues involved in the idea of ...

In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in particular, that an agent with (...) the relevant capacity has made an unforced and informed choice, that the consent has been clearly signalled, and that the scope of the authorisation covers the act in question. It goes on to highlight both the Fallacy of Necessity (where there is no consent, there must be a wrong) and the Fallacy of Sufficiency (where there is consent, there cannot be a wrong). Finally, the extent to which the authority of law itself rests on consent is considered. If the familiarity of consent-based justification engenders confusion and contempt, the analysis in this book acts as a corrective, identifying a range of abusive or misguided practices that variously under-value or over-value consent, that fictionalise it or that are fixated by it, and that treat it too casually or too cautiously. In short, the analysis in Consent in the Law points the way towards recognising an important procedural justification for precisely what it is as well as giving it a more coherent application. (shrink)

First published in 1959, this original study argues that the main characteristic of music is that it expresses and evokes emotion, and that all composers whose music has a tonal basis have used the same, or closely similar, melodic phrases, harmonies, and rhythms to affect the listener in the same ways. He supports this view with hundreds of musical examples, ranging from plainsong to Stravinsky, and contends that music is a language in the specific sense that we can identify idioms (...) and draw up a list of meanings. The book's final section analyzes two symphonies, Mozart's Fortieth and Vaughan Williams's Sixth, to explore the nature of musical inspiration and the process whereby the notes actually convey emotion from composer to listener. (shrink)

This book presents a comprehensive analysis of Kant’s justification of the categorical imperative. The book contests the standard interpretation of Kant’s views by arguing that he never abandoned his view about this as expressed in his Groundwork. It is distinctive in the way in which it places Kant’s argument in the context of his transcendental philosophy as a whole, which is essential to understand it as an argument from within human agential self-understanding. The book reviews that existing literature, then presents (...) a logical construction of Kant’s argument, which it defends by examining what Kant has to say about synthetic a priori practical propositions in the context of his transcendental philosophy as a whole, and by a detailed examination of how he presents his argument in the Second Critique and the Groundwork. Particular attention is given to the views of two scholars who share many of the views expressed in this book: Klaus Steigleder and Michael Wolff. Special attention is also given to the views of Owen Ware, who, while sharing many of our arguments has a very different overall view. The concluding chapter provides a statement about the validity of Kant’s argument. (shrink)

This paper analyses the main challenges to the idea that we should and can represent future generations in our present policymaking. It argues that these challenges can and should be approached from the perspective of human rights. To this end it introduces and sketches the main features of a human rights framework derived from the moral theory of Alan Gewirth. It indicates how this framework can be grounded philosophically, sketches the main features and open questions of the framework and its (...) grounding, and shows how it can be used to deal with the challenges to the idea that future generations have rights that can be represented in our policymaking. (shrink)

There are many cases in which, by making some great sacrifice, you could bring about either a good outcome or a very good outcome. In some of these cases, it seems wrong for you to bring about the good outcome, since you could bring about the very good outcome with no additional sacrifice. It also seems permissible for you not to make the sacrifice, and bring about neither outcome. But together, these claims seem to imply that you ought to bring (...) about neither outcome rather than the good outcome. And that seems very counterintuitive. In this paper, I develop this problem, propose a solution, and then draw out some implications both for how we should understand supererogation and for how we should approach charitable giving. (shrink)

According to Bernard Williams, attempts to justify a categorically binding impartial principle fail because they can only establish categorically binding requirements on action by making them non-universalizable , and can only establish impartial requirements by rendering them inapplicable to real agents . But, an individual cannot be the particular agent the individual is without being an agent every bit as much as an individual cannot be an agent without being the particular agent that the individual is. On this basis, it (...) is argued that, when the actual Gewirthian argument for a categorically binding impartial principle is presented, which Williams does not do, his objections to it do not hold and the argument establishes that agents are categorically bound to accept a substantive impartial principle that, at the same time, permits them to live lives that respect their own personal interests. Consequently, Williams’ dilemma is false. (shrink)

Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways consistent (...) with the PGC, or deny that human beings are equal in dignity and rights (which idea defines human rights) or that they are agents (and hence subject to any rules at all). Implications for the interpretation of the international legal system of human rights inspired by the Universal Declaration of Human Rights 1948 are sketched. (shrink)

Christine Korsgaard claims that Gewirth’s argument for morality fails to demonstrate that there is a categorically binding principle on action because it operates with the assumption that reasons for action are essentially private. This attribution is unfounded and Korsgaard’s own argument for moral obligation, in its appeal to Wittgenstein’s Private Language Argument to establish that reasons for action are essentially public, is misdirected and unnecessary. Gewirth’s attempt to demonstrate a strictly a priori connection between a moral principle and the concept (...) of being an agent as such is essentially Kantian, and recognizing that the Principle of Hypothetical Imperatives is categorically binding requires Kantians to accept that Gewirth’s Principle of Generic Consistency is the supreme practical principle. (shrink)

The aim of this paper is to examine the extent to which Kant’s Critique of the Power of Judgment can be, or otherwise ought to be, regarded as a transcendental phenomenology of hope. Kant states repeatedly that CPoJ mediates between the first two Critiques, or between the theoretical knowledge we arrive at on the basis of understanding and reason’s foundational role for practical philosophy. In other words, exercising the power of judgment is implicated whenever we try to bring together the (...) ethical issue of strictly determining our actions on the one hand and the necessity to act in the physical world on the other. We will argue that this mediating function is properly understood only if the ideations produced by self-understanding are characterized as objects of rationally required hope or fear. (shrink)

In the introductory essay, the editors will provide an overview of the debates on legal obligation the contributions of this volume directly engage with.

In recent decades there has been a great expansion in the number, size and influence of International Non-Governmental Organisations involved in international relief and development. These changes have led to increased scrutiny of such organisations, and this scrutiny, together with increasing reflection by INGOs themselves and their staff on their own practice, has helped to highlight a number of pressing ethical questions such organisations face, such as: should INGOs attempt to provide emergency assistance even when doing so risks helping to (...) fuel further conflict? How should INGOs manage any differences between their values and those of the people they seek to benefit? How open and honest should INGOs be about their own uncertainties and failures? This book consists of sustained reflections on such questions. It derives from a workshop held at Melbourne University in July 2007 that brought together a group of people – for the most part, reflective practitioners and moral and political philosophers – to discuss such questions. It explores honestly some of the current challenges and dilemmas that INGOs face, and also suggests some new ideas for meeting these challenges. Our hope is that the kind of explicit reflection on the ethical issues INGOs face exemplified in this publication will help to promote a wider debate about these issues, a debate that in turn will help INGO managers and others to make better, wiser, more ethically informed decisions. (shrink)

The passion of inequality exists in the discourse that binds people by their adhesion to the beliefs about the hierarchic distribution of positions in society. In this manner the differences that structure the (apparently) natural titles to be governed or to govern are put in a state of aggregation. The apparent naturalness of these titles masks a principle of equality, a necessary artifact that breaches the nature of the social bond. This article argues that despite the hegemonic pressure of inequality, (...) the situation of apprenticeship can contain events of emancipation. For this, the 'master' must articulate two complementary artifacts in his relation with his apprentice. First, he must occupy a posture of ignorance. Second, he must ascribe priority to the object to be known or listened to (the text, the words ...) in such a way that a connection is made between the intelligences that he is interrogating and, thus, that their equality is verified. (shrink)

We thank Lucy Frith for her thought-provoking response1 to our paper, where we argued that it would be ethically acceptable to contact an anonymous egg donor to help facilitate diagnostic genetic testing for a donor-conceived child.2 While we read Frith’s commentary with interest, we still think that the egg donor should be contacted in the case that we describe. Frith raises concerns as to whether contact would constitute ‘ overriding consent ’, thus ’ potentially set(ting) a dangerous precedent ’ for (...) existing gamete donors and donor-conceived children. In contrast, we consider that contacting the egg donor would not override her consent, as her views on contact in the instance that has now arisen were never sought. Our view is that given we do not currently know what she might want, contacting her is a more legitimate way of respecting her autonomy than trying to anticipate her likely answer. We strongly agree with Frith’s suggestion that future consent discussions around gamete donation should make explicit ‘ the possibility of being contacted in the future if there is a relevant reason for doing so ’. Frith expresses a concern that contact would constitute ‘ overriding [the egg donor’s] consent ’, meaning that we have to ‘ justify contacting the egg donor against her previously stated wishes not to be contacted ’. However, our argument is that the egg donor was never asked whether or not she was happy to be contacted in the circumstances that have now arisen. Thus, there is no consent to be overridden, given that she never gave or withheld it in the first place. Frith rightly acknowledges that her arguments therefore ‘ [do] not fully address [our] main worry that the donor’s wishes are essentially unknown, as she was not asked about this specific situation and …. (shrink)

Is there any number of people you should save from paralysis rather than saving one person from death? Is there any number of people you should save from a migraine rather than saving one person from death? Many people answer ‘yes’ and ‘no’, respectively. The aim of partially aggregative moral views is to capture and justify combinations of intuitions like these. These views contrast with fully aggregative moral views, which imply that the answer to both questions is ‘yes’, and with (...) non-aggregative moral views, which imply that the answer to both questions is ‘no’. In this paper, I review the most natural and influential ways of developing partially aggregative views and explain the main problems they face. (shrink)

Ivancovsky et al. propose a novelty-seeking model linking curiosity to creativity. This commentary suggests integrating their work with a stage-based creativity model for additional insights. It also encourages readers to address knowledge gaps identified by the authors, including factors that trigger the pursuit of creative solutions. We aim to refine theory and direct future research to clarify the complex curiosity–creativity relationship.

This article sets out some of the key features of a realist critique of liberal moralism, identifying descriptive inadequacy and normative irrelevance as the two fundamental lines of criticism. It then sketches an outline of a political theory of modus vivendi as an alternative, realist approach to political theory. On this account a modus vivendi should be understood as any political settlement that involves the preservation of peace and security and is generally acceptable to those who are party to it. (...) In conclusion, some problems with this conception of modus vivendi and with a realist political theory more generally are discussed. In particular, the question is raised of whether a realist political theory should be understood as an alternative to liberal moralism or only a better way of doing basically the same kind of thing. (shrink)

On the premise that ‘morality’ refers to a system of rules governed by a material categorical imperative, I argue that the sources thesis of legal positivism (and, consequently, its separation thesis) is untenable. This is because it portrays legal obligations as hypothetical imperatives, which they cannot be if a material categorical imperative exists. Legal systems lay down obligation-asserting rules; but any rules are necessarily invalid if they require behaviour contrary to a material categorical imperative. Because the sources thesis attests otherwise, (...) legal positivism presupposes, minimally, that a material categorical imperative cannot be known to exist. I argue, however, that human agents cannot coherently question that a material categorical imperative exists. By definition, they necessarily adopt hypothetical imperatives. But understanding the concept of a hypothetical imperative requires the concept of a categorical imperative to be understood, and understanding having the concept of a categorical imperative postulates that there can be only one categorical imperative, that it exists, and that it is Alan Gewirth’s Principle of Generic Consistency (PGC). This argument only fails if the concept of a categorical imperative is incoherent. In all of this, I follow Kant, except about the material content of the categorical imperative and the nature of free will. (shrink)

Basándome en la explicación que hace Jean-Paul Sartre de la violencia, sostengo que no solo la mala fe es inevitable en la práctica, sino que una mala fe limitada es necesaria para la autenticidad. Aunque violar la libertad de otros es mala fe, es imposible no violar nunca la libertad de alguien. Además, y de manera fundamental, la estructura ontológica del para-sí implica que este solo puede ser auténtico en el modo de no ser auténtico. Tratar de evitar por completo (...) la mala fe es, en sí mismo, un acto de mala fe, porque es un intento de constituirse como esencialmente auténtico, pero el para-sí no tiene esencia preexistente. Sin embargo, al reconocer la total responsabilidad de uno por elegir la mala fe, se limita su alcance. Esta mala fe limitada es, de hecho, necesaria para la autenticidad, un proyecto vivido en situaciones concretas y no una ley moral categórica que prohíbe la mala fe. [This is a Spanish translation by Leandro Sánchez Marín of the article "The Authentic Person's Limited Bad Faith".]. (shrink)

This paper explores two different versions of ‘the realist turn’ in recent political theory. It begins by setting out two principal realist criticisms of liberal moralism: that it is both descriptively and normatively inadequate. It then pursues the second criticism by arguing that there are two fundamentally different responses among realists to the alleged normative inadequacy of ideal theory. First, prescriptive realists argue that the aim of realism is to make political theory more normatively adequate by making it more realistic. (...) Interpretative realists, on the other hand, argue that realist theorising should detach itself from such an aspiration, and instead aim at theoretical understanding rather than normative prescription. After some further elaboration of what interpretative realism might look like, it is acknowledged that both approaches still need to address the question of political normativity. (shrink)

L'étude de l'élaboration historique du dogme du péché originel est propre à dissiper l'illusion qu'il descendrait le cours du temps : il le remonte en réalité. On l'observe en particulier dans la genèse de ce concept chez Augustin, en réponse à la doctrine manichéenne du mal: la rédemption du Christ reflue vers les origines de l'humanité pour dévoiler notre responsabilité de la faute sous le pardon divin qui la recouvre. Ce dogme fournit une clef de lecture de l'histoire, il montre (...) la présence active de l'amour et du pardon aux origines du temps, pour dénoncer et réprimer la violence des hommes ; il conteste l'inertie du temps par la profusion du pardon, il exprime un sens de l'existence, il enseigne une intelligence de la temporalité.Le cas du péché originel illustre le fonctionnement du dogme en général dans la culture, bien au-delà de la sphère de l'Église, son rôle à la fois révélateur, contestant et régulateur. Encore faut-il savoir interpréter les dogmes, à la façon des mythes fondateurs, c'est-à-dire en tant qu'ils relèvent d'une logique symbolique, d'un langage narratif. La contemporanéité du Concile de Trente et du style baroque illustre également l'inscription du dogme dans la culture: le foisonnement des ornementations périphériques ne doit pas détourner le regard du centre de l'architecture, qui est la figure du Christ.The study of the historical development of the dogma of original sin is enough to dissipate the illusion that it descended tbrough time : as a matter of fact it reascended. In particular we see this in the birth of the concept, in Augustine’s answer to the Manichaean doctrine of evil: the redemption of Christ flows back towards the origins of humanity to unveil our responsability for the fault, which is covered over by the divine pardon. This dogma gives a key for reading bistory. It shows the active presence of love and forgiveness from the beginning of time, which denounces and represses the violence of men. It contests the inertia of time by the profusion of forgiveness, it expresses a sense to existence, and it teaches an understanding of temporality.The case of original sin illustrates the functioning in culture of dogma in general, well beyond the spbere of the Cburch, and its role both as revealer, contestant, and regulator. But it is still necessary to know how to interpret dogmas, in the fashion of foundation myths, that is to, say in so far as they are based on a symbolic logic of a narrative language. Tbe contemporaneousness of the Concil of Trent and the baroque style equally show the inscription of dogma in culture: the multiplication of peripberal ornaments ougbt not to turn our look away from the center of the architecture, which is the figure of Christ. (shrink)