Kant’s distinction between the determining and reflecting power of judgment in the third Critique is not well understood in the literature. A mainstream view unifies these by making determination the telos of all acts of judgment (Longuenesse 1998). On this view, all reflection is primarily in the business of producing empirical concepts for cognition, and thus has what I call a determinative ideal. I argue that this view fails to take seriously the independence and autonomy of the (...) ‘power of judgment’ [Urteilskraft] as a higher cognitive faculty in its own right with its own a priori principle. Instead of seeing merely reflecting judgments as failed or incomplete acts of judgment, I argue that these are in fact paradigmatic of the activity of the power of judgment. More precisely, the reflecting power of judgment just is the power of judgment. Accordingly, reflecting judgment takes precedence over determining judgment; while the former operates according to a law that it gives itself, the latter requires another higher cognitive faculty to provide its principle. On my view, reflecting judgment should be understood as the capacity for purposive subsumption—most clearly seen in the activity of mere reflection. (shrink)

Here, I reply to three commentaries on my recent book, Promoting Justice Across Borders: The Ethics of Reform Intervention. The main topics include the scope of the category “reform intervention,” to what extent it is appropriate to evaluate economic activity using moral criteria, the meaning of collective self-determination and its relationship to democracy, and the limits of toleration as a moral ideal.

Today, technological implants to increase innate human capabilities are already available on the market. Cyborgs, understood as healthy people who decide to integrate their bodies with insideable technology, are no longer science fiction, but fact. The cyborg market will be a huge new business with important consequences for both industry and society. More specifically, cyborg technologies are a unique product, with a potentially critical impact on the future of humanity. In light of the potential transformations involved in the creation of (...) “superhuman” cyborgs, ethics must be a cornerstone of cyborg marketing decisions. Businesses need to take ethics into account, not only to ensure they behave ethically, as always, but also because ethics will be an important factor in buyers’ decisions in the emerging cyborg market. This is because the decision to become a cyborg is determined, among many other factors, by ethical judgment. Our research focuses on how the dimensions of the Composite Multidimensional Ethics Scale influence an individual’s decision to become a cyborg. To test our hypotheses, we surveyed a total of 1563 higher-education students in seven different countries. The results of the survey show that ethical judgment will be a keystone in individual cyborgization. Specifically, ethical dimensions explained 48% of the intention to use cyborg technologies. The ethical analysis showed that not all MES dimensions have the same influence on the ethical judgment regarding this decision. Egoism was the most influential dimension, while contractualism was the least. These findings have important implications for both academia and business. (shrink)

Judgements of the value or likelihood of a focal object or outcome have been shown to vary dramatically as a function of whether judgement is based on selective or comparative processing. This article explores the question of when selective versus comparative processing is likely, and demonstrates that as motivation and opportunity to process information carefully (operationalised as accountability and time pressure, respectively) decrease, the likelihood of selective processing increases. Moreover, we document how individuals manage to render judgements when in selective (...) processing mode by relying on categorical knowledge. (shrink)

In the Transcendental Ideal Kant discusses the principle of complete determination: for every object and every predicate A, the object is either determinately A or not-A. He claims this principle is synthetic, but it appears to follow from the principle of excluded middle, which is analytic. He also makes a puzzling claim in support of its syntheticity: that it represents individual objects as deriving their possibility from the whole of possibility. This raises a puzzle about why Kant regarded it as (...) synthetic, and what his explanatory claim means. I argue that the principle of complete determination does not follow from the principle of excluded middle because the externally negated or ?negative? judgement ?Not (S is P)? does not entail the internally negated or ?infinite? judgement ?S is not-P.? Kant's puzzling explanatory claim means that empirical objects are determined by the content of the totality of experience. This entails that empirical objects are completely determinate if and only if the totality of experience has a completely determinate content. I argue that it is not a priori whether experience has such a completely determinate content and thus not analytic that objects obey the principle of complete determination. (shrink)

A framework is presented to better characterize the role of individual differences in information processing style and their interplay with contextual factors in determining decision making quality. In Experiment 1, we show that individual differences in information processing style are flexible and can be modified by situational factors. Specifically, a situational manipulation that induced an analytical mode of thought improved decision quality. In Experiment 2, we show that this improvement in decision quality is highly contingent on the compatibility between the (...) dominant thinking mode and the nature of the task. That is, encouraging an intuitive mode of thought led to better performance on an intuitive task but hampered performance on an analytical task. The reverse pattern was obtained when an analytical mode of thought was encouraged. We discuss the implications of these results for the assessment of decision making competence, and suggest practical directions to help individuals better adjust their information processing style to the situation at hand and make optimal decisions. (shrink)

Low-Beer, a lawyer, Canadian federal politician, and poet, examines judgment as exercise, identifying the critical elements of the exercise of judgment and relating them to cognitive functions. He argues against relegating judgement to the realm of the subjective, and looks at the extent to which it can be learned and its reciprocal relationship to character. He concludes that the exercise of judgment is a defining characteristic of professionalism in the courts, the professions, politics, and commerce. For scholars (...) and lay readers. Annotation copyright by Book News, Inc., Portland, OR. (shrink)

From the perspectives of both an espoused core underlying value of nursing, and of public policy, the patient's voice should be central to our understanding of patient/client need, appropriate care and intervention. However, accessing and hearing the patient's voice is fraught with difficulty. Edwards reminds us that our raison d’être as nurses is human vulnerability; a vulnerability sometimes brought into sharp focus because of illness or disease. However, when people are at their most vulnerable, they are often least able to (...) identify, or indeed to express, their need – beyond the completely obvious. This paper provides a short descriptive record of one patient's experience of nursing care. This description is placed within the context of moral arguments about the nature of nursing and the impact this may have on decision‐making regarding the appropriate distribution of nursing time. One of our most acute deficits in knowledge, regarding nursing in the UK and Ireland, is a lack of knowledge of the day‐to‐day activities judgements, decisions and interventions of staff nurses at the sharp edge of patient care delivery. We also have little understanding of how, or indeed whether, staff nurses identify or articulate these activities, judgements, decisions and interventions as having a moral dimension that is rooted in respect for the needs and perceptions of the individual patient. Recent empirical work suggests that a substantial proportion of nursing time is spent in prioritizing and delegating care. We have little idea of the impact of prioritization and delegation on the quality of patient care, as perceived by the recipients of that care, our patients. It is urgent that these deficits in our knowledge and understanding are addressed. This is the case both from the perspective of providing high standards of patient care and from the point of view of linking perceptions of the moral dimension of nursing practice, organizational structure, manpower planning, nursing decisions and interventions, to patient outcomes. (shrink)

When the side effect of an action involves moral considerations (e.g. when a chairman’s pursuit of profits harms the environment) it tends to influence theory-of-mind judgments. On average, bad side effects are judged intentional whereas good side effects are judged unintentional. In a series of two experiments, we examined the largely uninvestigated roles of individual differences in this judgment asymmetry. Experiment 1 indicated that extraversion accounted for variations in intentionality judgments, controlling for a range of other general individual differences (...) (e.g. working memory, self-control). Experiment 2 indicated that extraversion’s influence was partially mediated by more specific variations in intentional action concepts. A priming manipulation also provided causal evidence of judgment instability and bias. Results suggest that the intentional action judgment asymmetry is multiply determined, reflecting the interplay of individual differences and judgment biases. Implications and the roles of individual differences in judgment and decision-making research are discussed. (shrink)

An influential strand in philosophy of science claims that scientific paradigms can be understood as relativized a priori frameworks. Here, Kant’s constitutive a priori principles are no longer held to establish conditions of possibility for knowledge which are unchanging and universally true, but are restricted only to a given scientific domain. Yet it is unclear how exactly a relativized a priori can be construed as both stable and dynamical, establishing foundations for current scientific claims while simultaneously making intelligible the transition (...) to a subsequent framework. In this article, I show that important resources for this problem have been overlooked in Kant’s theory of reflective judgement in the third Critique. I argue that Kant accorded the task of formulating new scientific laws to reflective judgement, which is charged with forming new ‘universals’ that guide the experience of nature. I show that this is the very task attributed to the relativized a priori: the constitution of a given conceptual framework, not of the conditions for object-reference as such. I conclude that Kant’s considered conception of science encompasses the operations of both reflective and determining judgement. Relativizations of the a priori should follow Kant’s lead. (shrink)

In this paper, I argue that Darwin's On the Origin of Species can be interpreted as the culmination of an extended exercise of what Kant called ‘the reflecting power of judgement’ that issued in a form of reasoning that Hegel associates with inference by analogy and that Peirce associates with hypothesis and later assimilates to abduction. After some exegetical and rationally reconstructive work, I support this reading by showing that Darwin's theory of natural selection gave us a way of understanding (...) the purposive character of organic generation and growth that does not rely on an analogy with intentional agency and outlining some of the uses to which this new understanding was put in reasoning about mind and society by American intellectuals in the second half of the nineteenth century. In the process I hope to shed some light on the relationship between mechanistic and purposive explanation in judgements of nature. (shrink)

According to Wright’s Judgement-Dependent account of intention, facts about a subject’s intentions can be taken to be constituted by facts about the subject’s best opinions about them formed under certain optimal conditions. This paper aims to defend this account against three main objections which have been made to it by Boghossian, Miller and implicitly by Wright himself. It will be argued that Miller’s objection is implausible because it fails to take into account the partial-determination claim in this account. Boghossian’s objection (...) also fails because it is based on an unjustified reductionist reading of Wright’s account. However, Wright’s own attempt to resist Boghossian’s objection seems to display a shift from his Judgement-Dependent account to an Interpretationist account of self-knowledge, in which case Wright’s new account would face the same problem which he himself has previously put forward in the case of Davidson’s Interpretationist account of self-knowledge. Nonetheless, I will argue that Wright does not need to make such a move because Boghossian’s objection is not applicable to his account. (shrink)

In this article I deal with Kant's concept of reflective judgment, and recover it through its links to the aesthetic dimension as its fundamental scenario. Then I go on to explain why Hannah Arendt understood this important Kantian connection, and why she thought it would allow her to develop it through a political dimension. Last, having reviewed both Kant and Arendt's contributions to the concept of reflective judgment, I recover my own input to the concept by showing its (...) linguistic dimension based on the Heideggerian notion of world-disclosure. With this in mind, I show how the concept of reflective judgment is the most suitable to analyze evil actions. (shrink)

The notion of ‘power of judgement’ in the title of Kant'sCritique of the Power of Judgementis commonly taken to refer to a cognitive power inclusive of both determining judgement and reflecting judgement. I argue, first, that this seemingly innocuous view is in conflict both with the textual fact that Kant attempts a Critical justification of the reflecting power of judgement – only – and with the systematic impossibility of a transcendentally grounded determining power of judgement. The conventional response to these (...) difficulties is to point out that, Kant's systematic ambitions in the thirdCritiquenotwithstanding, reflection, qua concept-forming synthesis, is too closely tied to determination to be a cognitive power in its own right. I argue, second, that this response is question-begging, since the notion of reflection it employs is not only not one central to the thirdCritiquebut one antecedently tied to the understanding. I argue, third, that Kant's discussion, in the pivotal § § 76–7, of our cognitive relation to sensible particularity addresses an epistemic problem present (but not raised) in theCritique of Pure Reason. This is the problem of the synthesizability, qua absolute unity, of unsynthesized intuitions. Solving this problem requires Critical justification of a principle of reflection. It follows that Kant's systematic ambitions in the thirdCritiqueare appropriate. Given the problem Kant seeks to address, he must offer what he takes himself to be offering: aCritique of the(Reflecting)Power of Judgement. (shrink)

In this paper I offer a reading of the 1790 Introduction to the Critique of Judgement intended to show that the Critique of Judgement itself attempts to make good a serious deficit in the argumentation of the Critique of Pure Reason. In effect, the conditions outlined in the Critique of Pure Reason could be fulfilled without experience being constituted. There must therefore be additional conditions for the possibility of experience. And an account of these is to be found in the (...) Critique of Judgement, despite the repeated insistence in the text itself that its strictures operate on the level of a merely 'reflective' judgement, quite distinct from the 'determinant' judgements underwriting the time-determination of logical operations in the first Critique. The new transcendental elements for the condition of possibility of experience turn out, through an analysis of the concept of affinity, to table a novel, transcendental, conception of matter irreducible to the experiential understanding of matter and conditioning its possibility. In conclusion, I suggest that the structure of reflective judgement can itself be understood as a description of the operation of this transcendental matter in the special case of the transcendental spontaneity required by the Kantian subject to constitutive experience. (shrink)

Written by theologians, literary scholars, political theorists, classicists, and philosophers, the essays in Judgment and Action address the growing sense that certain key concepts in humanistic scholarship have become suspect, if not downright unintelligible, amid the current plethora of critical methods. These essays aim to reassert the normative force of judgment and action, two concepts at the very core of literary analysis, systematic theology, philosophy, ethics, aesthetics, and other disciplines. Interpretation is essential to every humanistic discipline, and every (...) interpretation is an act of judgment. Yet the work of interpretation and judgment has been called into question by contemporary methods in the humanities, which incline either toward contextual determination of meaning or toward the suspension of judgment altogether. Action is closely related to judgment and interpretation and like them, it has been rendered questionable. An action is not simply the performance of a deed but requires the deed’s intelligibility, which can be secured only through interpretation and judgment. Organized into four broad themes—interiority/contemplation, ethics, politics/community, and aesthetics/image—the aim of this broad-ranging and insightful collection is to illuminate the histories of judgment and action, identify critical sites from which rethinking them may begin, clarify how they came to be challenged, and relocate them within a broader intellectual-historical trajectory that renders them intelligible. (shrink)

에서 선험적 규정은 의지와도 인식과도 관련되지 않는다. 그것은 판단 자체를 다룬다. 그것은 어떻게 무언가가 판단되어야 하는가를 확립한다. 미적 판단은 유쾌함과 불쾌함을 다룬다. 유쾌함은 단순한 감각이 아니라 감정이다. 미적 판단은 나의 본성과 관련되는 판단이지 오성이나 의지와 관련된 것이 전혀 아니다. 그것들은 나로부터 나오는 것이지 자연 자체로부터 나오는 것이 아니다. 그것들은 나로부터 나오지만 유비적인 것들이다. 나는 그것들을 구상하지만 이 일은 마치 나의 자연(본성)을 누군가가 구성하기라도 한 것처럼, 자연이 그것을 구상할 수 있었기라도 한 것처럼 일어난다. 그런 이유로 그 판단들은 반성적인 것이지 규정적인 것이 (...) 아니다. 이 글에서 나는 두 문제를 제기할 것이다. 하나는 단순한 반성으로서의 미적 판단이 어떻게 또한 규정적이고 선험적일 수 있는가? 다른 하나는 단순한 규정적 판단들이 문제가 되든, 아니면 반성적 판단들과 규정적 판단들 사이의 구분이 문제되든, ‘비판’이라는 말은 동일한 의미를 가지는가? 하는 것이다. 나는 과 사이에 칸트 철학의 구조적인 변화가 있다는 것을 보여줄 것이다. (shrink)

Speaking is a highly conventional enterprise. But unusual usages are, nonetheless, frequently encountered. Some of these novelties fall flat, while others find favour, to the extent of entering common usage. He considered to say something will sound wrong to most native speakers, while The military disappeared her husband, which was more or less unsayable prior to the 1960s, has come to seem fine. Linguist Adelle E. Goldberg has recently argued that speakers display a remarkable openness to new words, phrases and (...) even grammatical forms, when there is no current way of communicating whatever it is those novel strings serve to express. My paper exegetes Goldberg’s findings to illuminate the question of poetic judgement. It proposes that there is a strong parallel between how people judge linguistic innovation in everyday speaking, and the way poets and critics judge innovative poetic diction: in both cases there is a premium on what cannot otherwise be said. The paper proceeds to deepen the analogies between these two modes of judgement. It starts by linking the lack of rules for determining the acceptability of new words and phrases in everyday speaking with the indifference to prior rules associated with aesthetic judgement in Kant’s third critique, and apparent in the appraisals of many a contemporary poetry critic. It turns to consider the claim that what motivates the judgements under consideration is a preference in the human conceptual system for distinct symbols to have mutually exclusive meanings. A fourth section concerns what Construction Grammar, the broad field of Goldberg’s intervention, has to reveal about the conditions under which new words and phrases can take on meaning in the first place. This too has something to suggest about why we judge certain poetic efforts poor, others landed. (shrink)

The theory of belief revision and merging has recently been applied to judgement aggregation. In this paper I argue that judgements are best aggregated by merging the evidence on which they are based, rather than by directly merging the judgements themselves. This leads to a threestep strategy for judgement aggregation. First, merge the evidence bases of the various agents using some method of belief merging. Second, determine which degrees of belief one should adopt on the basis of this merged evidence (...) base, by applying objective Bayesian theory. Third, determine which judgements are appropriate given these degrees of belief by applying a decision-theoretic account of rational judgement formation. (shrink)

An extended philosophical analysis of the concept of judgement, important in many areas of contemporary philosophy, including epistemology, the philosophy of value and aesthetics.Kant's philosophy understands judgement in different ways in the cognition of nature, the appreciation of natural beauty, and in the determination of moral action. This book aims to explore these three 'philosophies' of judgement, producing in the process a new and creative reading of Kant's work. The result is a unique book-length study of judgement in general. At (...) the core of this reading is an interpretation of how Kant understands reflection, presentation and activity. Novel aspects include accounts of the transcendental object, the implications of considering cognition as an activity, the structure of sensible givenness, Kant on the sublime, and the moral argument.The book draws upon ideas from within the Continental philosophy tradition, particularly from Nietzsche, Heidegger and Deleuze. To Nietzsche there is devoted a whole chapter on the subject of sensation and physics, which aims to expand upon and illuminate parallel discussions in the reading of Kant. Readers will find much of interest in this wide-ranging text, including treatments of key features in Kant's epistemology, philosophy of mind, aesthetics, philosophy of religion as well as his practical philosophy.Features* The first book to consider Kant's account of judgement in general.* A unique interpretation of Kant, employing philosophers in the Continental tradition - e.g Nietzsche, Heidegger and Deleuze.* Contains a sustained study of Nietzsche on the subject of sensation and physics. (shrink)

This chapter looks at another executive virtue that Captain America exemplifies: the judgment he needs to arrive at the best action in a difficult situation. Despite his humility, Captain America exemplifies both sound judgment and unshakeable determination, which are often misunderstood as representing “black‐and‐white” ethics or stubbornness. Just like judges as Dworkin describes them, we can use our own judgment to find the “right answer” to each moral dilemma, the decision that is consistent with our own principles (...) and maintains the integrity of our own moral character. There is a special category of situations that superheroes all too often find themselves in. Such choices are what philosophers call tragic dilemmas. Applying basic moral virtues and principles to specific circumstances, including all of their context, nuance, and subtlety, is the key to sound judgment, and that is important to everyone in the real world and to Cap in the comics. (shrink)

An assessment of decision-making capacity is the accepted procedure for determining when a person is not competent. An inferential gap exists between the criteria for capacity specific abilities and the legal requirements to understand relevant information and appreciate the consequences of a decision. This gap extends to causal influences on a person'scapacity to decide. Using a published case of depression, we illustrate that assessors' uses of diagnostic information is frequently not up to the task of bridging this inferential gap in (...) a justifiable way. We then describe cases of faulty judgement which challenge the understanding of diagnostic causal influences. These cases help to clarify the nature of the expertise required for capacity assessments. In practice, the requirements of decision-making capacity are often abandoned to other considerations due to a lack of requisite expertise. The legal policy supporting decision-making capacity as a means to protective intervention is justified only if the requisite expertise is developed. We propose the requisite expertise to be developed in the long term as a distinct multidisciplinary endeavour. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant’s Worldview: How Judgment Shapes Human Comprehension by Rudolf A. MakkreelRiccardo PozzoRudolf A. Makkreel. Kant’s Worldview: How Judgment Shapes Human Comprehension. Evanston, IL: Northwestern University Press, 2021. Pp. 284. Hardback, $99.95. Paperback, $34.95.This is the last book Rudolf Makkreel published before passing away in October 2021. No wonder, then, that it makes some strong points, one of which is truly fundamental: the time has come to (...) recognize the expediency of reading Kant along with Dilthey for a better understanding of the workings of human comprehension. Makkreel maintains that Kant endorsed “a more inclusive idea of philosophizing according to a world-concept (Weltbegriff ),” for Kant had realized that, because reason cannot simply extrapolate from the ways in which the understanding proceeds to a determinate lawful order, it is necessary to tame the speculative projections of reason by our own powers of orientation and judgment. Hence, Makreel concludes that “the overall worldview we can actually arrive at will need [End Page 511] to include supplementary modes of organizational order that are not determinant but reflective” (3).Throughout the book, Makkreel is pleading for Kant scholars to acknowledge the heuristic value of a set of concepts whose philosophical effectiveness has been to date underestimated. Readers will find many convincing analyses of the lexical cloud around judgment: determining judgment (bestimmende Urteilskraft) against reflecting judgment (reflektierende Urteilskraft) in its connection with the Weberian distinction between explaining (Erklären), understanding (Verstehen), and comprehending (Begreifen). What is at stake in contrasting the last two, understanding and comprehension, insists Makkreel, is the scope of what humans can claim to know, for while it is important to base knowledge claims on the empirical understanding, we must remain open to what could lie beyond the horizon of sense. Hence, critical philosophy is there to supplement “the limits of actual geographical” surveys of the earth with the “boundaries of all possible descriptions of the earth” (KrV A 759/B 787), whereby limits (Schranken) are negative empirical markers that do not take into account what could be beyond them, while boundaries (Grenzen) are positive markers that “presuppose a space existing outside a certain definite space and enclosing it” (Prolegomena, AA 4:352). Makkreel suggests we can infer that whereas earthly limits are imposed from without, worldly boundaries are in some sense self-imposed. Earthly limits would act as external negative restraints on the understanding, while worldly bounds work as internal positive constraints on reason as it attempts to comprehend both what we can and cannot know. Comprehension, argues Makkreel, can be “shown to be a mode of reason whose bounds must be judgmentally self-binding” (14).Let me take a step back. Makkreel intends to show that the task of understanding in its relation with comprehension is what we need to provide an overall characterization of Kant’s philosophical project. This is a bold stance, given Kant’s argument that the faculty of understanding (Verstand) proceeds discursively, namely one step at a time, which makes the project of a more holistic comprehension (Begreifen) highly problematic. However, Makkreel notes that if it is true that “concepts of reason serve for comprehension” (KrV A 311/B 367), it is also true they are purely inferential and at times sophistical (13). To help define what Kant ends up meaning by ‘comprehension,’ Makkreel provides exhaustive references to important discussions about this notion in Kant’s Lectures on Logic and the Critique of Judgment (40–46).Here comes to the foreground the notion of worldview (Weltanschauung) that stands alone in the title of his book. It is in the context of his discussion of the mathematical sublime that Kant broached the idea of an overall “worldview [Weltanschauung]” (KU AA 5:255), which nineteenth- and twentieth-century philosophers (e.g. Hegel, Dilthey, and Jaspers) took to denote a common or generic outlook on life. For Makkreel, though, ‘worldview’ designates a comprehensive way of characterizing Kant’s distinctive philosophical project (13).As I said above, this is a bold stance. While the first part of the book focuses on philosophizing according to a world-concept, the second part turns to our practical concerns as we act in the world. In... (shrink)

Subjective determiners of treating the final secondary school examination as a threat The article discusses the findings of the research carried out basing on the investigation procedure originating from the function-action approach to psychological defense developed by A. Senejko, where every reaction to threat can be considered as a defensive reaction. A nation-wide final secondary school examination was employed as the threat in the study and the reactions to such a threat were diagnosed twice: in January 2005 and two weeks (...) before the exam in April 2005.The participants were 177 students of secondary schools of the Lower Silesian and Upper Silesian regions of Poland.In the she study two questionnaires were employed. Part one of The Psycho-Social and Psychic Defenses Questionnaire and the Questionnaire of Personal Judgements developed by Kinga Lachowicz-Tabaczek and Alicja Senejko for identifying the following psychological dispositions: self-esteem, social anxiety, depressiveness, obligation will, emotional reactivity, sensitivity, activity and endurance.The basic research questions concerned the effect which the diagnosed factors had on the two dimensions of the subjects' attitude to their final exam as a threat as well as how they influenced their reactions to it, that is their psychological defenses. The multiple regression analyzes showed that the two dimensions of the participants' approach to their exam as a threat were the most substantially influenced by endurance, self-esteem, gender and reactivity. However, the way the examinees reacted their exam was the most substantially influenced by their obligation will, depressiveness and endurance. (shrink)

The following paper seeks to examine whether, from the standpoint of a transcendental idealist, it is possible to have a phenomenology that can adequately disclose the nature and activity of person. First I establish that symbols are intuitive concretizations of the activity of person/Geist, and thus symbols are available to phenom- enological description. Then I raise the question of whether reflective judgment can be understood as a part of a possible phenomenology. I come to the conclusion that yes, the (...) process of reflective judgment is phenomenologically available; reflective judgment offers an experience of “what it is like to be a person”. However, it is clear that reflective judgment must borrow a rule from phenomenal/determinate experience in order to imaginatively analogize the transcendental creativity of person. Thus, all that is available to phenomenology is an analogy of being person, and not person itself. (shrink)

In this article I deal with Kant's concept of reflective judgment, and recover it through its links to the aesthetic dimension as its fundamental scenario. Then I go on to explain why Hannah Arendt understood this important Kantian connection, and why she thought it would allow her to develop it through a political dimension. Last, having reviewed both Kant and Arendt's contributions to the concept of reflective judgment, I recover my own input to the concept by showing its (...) linguistic dimension based on the Heideggerian notion of world-disclosure. With this in mind, I show how the concept of reflective judgment is the most suitable to analyze evil actions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Judgement and Sense in Modern French Philosophy: A New Reading of Six Thinkers by Henry Somers-HallClayton CrockettSOMERS-HALL, Henry. Judgement and Sense in Modern French Philosophy: A New Reading of Six Thinkers. Cambridge: Cambridge University Press, 2022. 264 pp. Cloth, $99.99Henry Somers-Hall's book examines how French philosophers in the twentieth century develop a logic of thinking based on sense that is both influenced by but also counters Kant's paradigm (...) of thinking, which is based on judgment. Beginning with Kant and German idealism, including the German responses to Kant in the work of Hölderlin, Fichte, Schelling, and Hegel, this book then carefully draws out the ways that Bergson, Sartre, Merleau-Ponty, Derrida, Foucault, and Deleuze all work against this understanding of thinking as judging by showing how our experience and our thought precede the categories of judgment.In chapter 1, Somers-Hall carefully sets out Kant's model of thinking and shows how the categories of philosophical thought are fundamentally based on how we judge our sensible intuitions. Judgment is at the center of Kant's thought, and this is apparent in the Critique of Pure Reason, including the famous Transcendental Deduction. Our knowledge has a legislative function in relation to objects, and conscious synthesis takes the form of a judgment. Despite their criticisms of Kant, later German idealists do not fundamentally depart from this modality of judgment that takes place at the center of their philosophy. Even though they put Kant's concepts in motion, it remains a structure of judgment that is understood as dynamic.Chapter 2 turns to Bergson, to show how his emphasis on immediate experience precedes categorical judgement. Bergson distinguishes between temporal and spatial multiplicities, and argues that temporal multiplicities that are expressed in terms of duration underlie the spatial ones that contribute to judgment. Duration is a deeper experience of time that is associated with life. Somers-Hall in chapter 3 examines Sartre's writings on imagination to show how consciousness is a pure relation and an affective mode of thinking that underlies the categorial mode of judgment.Most of these French philosophers develop their accounts of noncategorial sense in either explicit or implicit relation to Kant's philosophy. Merleau-Ponty is no exception, and in chapter 4 we see how it is the organization of perception that gives sense to the world, and this precedes and generates "our reflective categories of judgement." Judgment emerges out of perception, although Merleau-Ponty grounds perception in the embodied person. Derrida does not ground sense or [End Page 365] thinking in a body, but looks for noncategorial grounds that make possible "surface structures of thinking." In chapter 5, Somers-Hall elaborates Derrida's famous nonconcept of différance, which underlies and makes possible our concepts of voice and writing that appear to be oppositions but in fact are not because they rely on each other. Différance is not a concept; it is prior to conceptual determination, and it "operates as an 'origin' that has none of the traits of the structure of judgement."Foucault relies on Kant for his three epistemes of resemblance, representation, and the human being, modern man. Chapter 6 shows how Foucault is concerned in both his archaeology and his genealogy with opening up the structures of power that make any juridical ordering possible. Here a productive biopower works beneath what we recognize more explicitly as "juridico-discursive power" in both positive and negative ways that escape the grasp of a philosophy that is solely based on judgment.In chapter 7 Somers-Hall shows how Deleuze's concept of intensity underlies all forms of representational judgment. Intensity operates according to a process of differentiation that produces a logic of sense, which we miss when we grasp onto a "dogmatic image of thought" that "prevents a genuine encounter with the world [that] conditions us to understand it in terms of unified subjects who make sense of the world in terms of judgements." We think in response to a shock or an encounter with something in the world that forces us to think and to make sense. We form judgments retroactively, by reducing differences to... (shrink)

When participants make judgments about the onset of self-initiated movements they typically report the movement occurred earlier than it had [Obhi, S. S., & Haggard, P. . Free will and free won’t. American Scientific, 92, 358–365.]. One interpretation is that feed-forward processes lead to awareness of the movement prior to execution. Because individuals with autism experience reduced preparatory activity prior to a voluntary movement, the present study sought to determine whether these anticipatory biases are exhibited by persons with autism. Participants (...) watched a dot move in a circle and pressed the spacebar any time after one revolution. A tone either followed the participants’ voluntary movement or was computer generated. Participants in both groups made anticipatory judgements regarding movement initiation . When the movement and tone occurred together this anticipatory bias was also present, regardless of which event participants focused on. Individuals with autism appear to have access to a similar representation of voluntary movements, however this representation may be more variable. (shrink)

This longitudinal study examined how nursing students' moral judgment changes after they become qualified nurses working in a hospital environment. The sample used was a group of 80 nursing students attending a university in Suwon, Korea, between 2001 and 2003. By using a Korean version of the Judgment About Nursing Decisions questionnaire, an instrument used in nursing care research, moral judgment scores based on Ketefian's six nursing dilemmas were determined. The results were as follows: (1) the qualified (...) nurses had significantly higher idealistic moral judgment scores than the nursing students; (2) the qualified nurses showed significantly higher realistic moral judgment scores than the nursing students; and (3) when comparing idealistic and realistic moral judgment scores, both the qualified nurses and the nursing students had higher scores for idealistic moral judgment. Further study is recommended to examine changes in moral judgment. (shrink)

Moral judgment has typically been characterized as a conflict between emotion and reason. In recent years, a central concern has been determining which process is the chief contributor to moral behavior. While classic moral theorists claimed that moral evaluations stem from consciously controlled cognitive processes, recent research indicates that affective processes may be driving moral behavior. Here, we propose a new way of thinking about emotion within the context of moral judgment, one in which affect is generated and (...) transformed by both automatic and controlled processes, and moral evaluations are shifted accordingly. We begin with a review of how existing theories in psychology and neuroscience address the interaction between emotion and cognition, and how these theories may inform the study of moral judgment. We then describe how brain regions involved in both affective processing and moral judgment overlap and may make distinct contributions to the moral evaluation process. Finally, we discuss how this way of thinking about emotion can be reconciled with current theories in moral psychology before mapping out future directions in the study of moral behavior. (shrink)

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...) enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights. (shrink)

The dilemmas and uncertainties related to determining mental capacity and surrogate decision-making are universally recognised as one of the most important concepts in the field of clinical ethics. In Malaysia, healthcare practitioners often find both determining decision-making capacity of patients, and identifying surrogate decision makers for incapacitated patients confusing. This paper explores the concepts of decision-making capacity and surrogate decision-making, identifying key components and associated principles such as substituted judgement and best interests. It reviews current provisions and guidances available in (...) Malaysia that are related to these issues, including the Power of Attorney Act 1949 (revised 1990), Mental Health Act 2001, and various guidelines. It then highlights the challenges encountered in the local clinical setting due to the lack of specific legislation and clear guidance. Finally, this paper provides recommendations for improvements to address these issues in order to safeguard both the clinical practice of healthcare professionals and the rights of patients. These recommendations include the establishment of a regulatory framework with four main domains: clear and objective criteria for mental capacity assessment, provisions for advance decision-making while patients still possess mental capacity, a ladder or hierarchy of surrogate decision-makers, and provisions for appropriate surrogate decision-making standards, as well as the need for advocacy and awareness education among both the general public and healthcare professionals. (shrink)

Research on moral judgment is refueling public interest in an old debate concerning the general foundation of morals. Are moral judgments based on reason or on feeling? Recent research in moral psychology and neuroscience concludes that moral judgments occur rapidly, automatically, and largely without the aid of inference. Such findings are utilized to criticize moral theories that require deliberation to precede moral judgment as its cause. The main targets of this criticism are the moral theories of Piaget and (...) Kohlberg, but Kant's moral philosophy is also criticized for this failing. This essay defends Kant from this charge by clarifying the role of deliberation in his moral theory and by demonstrating that, for Kant, moral judgment invokes a self-organizing system that has the capacity to rapidly determine the moral permissibility of any desired purpose - real or imagined. Further support for Kant's moral theory is gleaned from recent work on self-organization in the brain. (shrink)

It has long been known that people’s causal judgments can have an impact on their moral judgments. To take a simple example, if people conclude that a behavior caused the death of ten innocent children, they will therefore be inclined to regard the behavior itself as morally wrong. So far, none of this should come as any surprise. But recent experimental work points to the existence of a second, and more surprising, aspect of the relationship between causal judgment and (...) moral judgment. It appears that the relationship can sometimes go in the opposite direction. That is, it appears that our moral judgments can sometimes impact our causal judgments. (Hence, we might first determine that a behavior is morally wrong and then, on that basis, arrive at the conclusion that it was the cause of various outcomes.). (shrink)

In the emerging literature on judgment aggregation over logically connected proposi- tions, expert rights or liberal rights have not been investigated yet. A group making collective judgments may assign individual members or subgroups with expert know- ledge on, or particularly affected by, certain propositions the right to determine the collective judgment on those propositions. We identify a problem that generalizes Sen's 'liberal paradox'. Under plausible conditions, the assignment of rights to two or more individuals or subgroups is inconsistent (...) with the unanimity principle, whereby unanimously accepted propositions are collectively accepted. The inconsistency can be avoided if individual judgments or rights satisfy special conditions. (shrink)

My aim in this paper is to provide an account of practical judgement, for Kant, that situates it within his theory of judgement as a whole—particularly, with regards to the distinction between the determining and reflecting use of judgement. I argue that practical judgement is a kind of determining judgement, but also one in which reflecting judgement plays a significant role. More specifically, I claim that practical judgement arises from the cooperation of the reflecting power of judgement with the faculty (...) of reason—the former assisting the latter in the application of its principle. I conclude by considering a possible role for feeling in practical judgement. (shrink)

The paper clarifies the relative merits and proper roles of standards of review in the determination of proxy consent for those unable to make decisions concerning their own medical treatment. The "substituted judgment" standard asks which treatment the incompetent person would choose if competent, while the "best interests" test asks which treatment would benefit the patient. The tests are discussed in relation to the moral principles of autonomy and beneficence which provide their justification. I distinguish six types of cases (...) involving incompetent patients and argue that which standard is appropriate depends on the type of case involved. A "rational choice" standard, which asks "What would the incompetent patient choose if his or her choice were rational?", is proposed as a way of determining best interests. Keywords: proxy consent, nontreatment of incompetent persons, substituted judgment CiteULike Connotea Del.icio.us What's this? (shrink)

The purpose of this paper is to present the results of a natural experiment involving academic cheating by university students. We explore the relationship of moral judgment to actual behavior, as well as the relationship between the honesty of students self-reports and the extent of cheating. We were able to determine the extent to which students actually cheated on the take-home portion of an accounting exam. The take-home problem was not assigned with the intent of inducing cheating among students. (...) However, the high rate of observed cheating prompted the instructor to return to class and ask the students to provide information on their motivation. The students' responses are the data analyzed in this natural experiment. We found that in a simple regression the relationship between moral judgment scores and cheating behavior was insignificant. However, when we tested whether including Utilizer scores affected the relationship of cheating and moral judgment we found that Utilizer affected the relationship significantly. Finally, we found that moral judgment and honesty were not related, but higher levels of cheating behavior related to less honesty. (shrink)

We analyse the computational complexity of three problems in judgment aggregation: (1) computing a collective judgment from a profile of individual judgments (the winner determination problem); (2) deciding whether a given agent can influence the outcome of a judgment aggregation procedure in her favour by reporting insincere judgments (the strategic manipulation problem); and (3) deciding whether a given judgment aggregation scenario is guaranteed to result in a logically consistent outcome, independently from what the judgments supplied by (...) the individuals are (the problem of the safety of the agenda). We provide results both for specific aggregation procedures (the quota rules, the premisebased procedure, and a distance-based procedure) and for classes of aggregation procedures characterised in terms of fundamental axioms. (shrink)

The Critique of Judgment aims to account for the affective sharing of a common world of appearance. To accomplish this project, Kant retrieves a connection between contemplation and judgment which had lain dormant in the philosophical tradition since the time of Plato. Kant rescues the theme of contemplatio or $\theta\varepsilon\omega\rho\acute\iota\alpha$ from the Neo-platonist tradition culminating in Leibniz and Shaftesbury. This tradition took beauty as the motivation for an intuitive assimilation to the order of ideas, which are understood as (...) principles for the determination of natural form. Discovering imagination as a power through which human beings may escape the tyranny of determinate objectivity, Kant insists that taste demands an openness towards appearance, outside of cognitive and conative determination. The attitude of disinterestedness suspends objectivity and looks toward the idea of a sensus communis, which implies a human plurality. In the first two Critiques, Kant subjectivizes the Leibnizian principle of determining ground. In the third Critique he suspends this principle, while retrieving and retaining the significance of humanitas latent in the idea of sensus communis which forms the indeterminate ground for aesthetic judgments. ;The first two chapters develop a phenomenological interpretation of Kantian aesthetics. Operating with an unthematized method of phenomenological reduction, Kant uncovers features indicating the primacy of appearance over determining ground within aesthetic contemplation. The third chapter traces Kant's response to Leibniz from the pre-critical period up to the Critique of Judgment. Kant's rehabilitation of appearance emerges in opposition of the Leibnizian principle of determining ground. The fourth chapter resumes the phenomenological interpretation, now directed to illuminating Kant's apology for sensibility and his advance beyond Shaftesbury's Platonist aesthetics. Sensibility compels think to relinquish its power to determine objectivity. ;A tension emerges between the subject's powers of determination and the freedom within sensibility which escapes determination. Despite its indeterminancy, the regulative idea of a sensus communis orients a disciplined sensitivity to appearance. Beauty testifies to a fractured human subject who cannot determine its own ground and must dwell in a world of appearance among a plurality in the sharing of perspectivally situated voices. (shrink)

Norms are apt for reasoning because they have propositional structure and content; they are practical because they aim to guide action, rather than to describe aspects of the world. These two features hold equally of norms construed sociologically as the norms of specific social groups, and of norms conceived abstractly as principles of action. On either view, norms are indeterminate while acts are particular and determinate. Consequently norms cannot fully specify which particular act is to be done. Are they then (...) not genuinely action-guiding unless supplemented by practical judgment? Yet accounts of practical judgement are often thin, sometimes seeing it as blind, unreasoned `picking' of one rather than another enactment of a norm. However, on another view practical judgement carries the substantive task of seeking ways of acting that satisfy a plurality of norms, which can be both reasoned and practical. Key Words: direction of fit • judgement • moral conflict • norms • practical principles • remainders. (shrink)

My aim in this article is to provide an account of practical judgement, for Kant, that situates it within his theory of judgement as a whole – particularly, with regards to the distinction between the determining and reflecting use of judgement. I argue that practical judgement is a kind of determining judgement, but also one in which reflecting judgement plays a significant role. More specifically, I claim that practical judgement arises from the cooperation of the reflecting power of judgement with (...) the faculty of reason – the former assisting the latter in the application of its principle. I conclude by considering a possible role for feeling in practical judgement. (shrink)

In this paper I argue that 1) Kant’s power of judgment is constitutively always reflecting, as its lawful employments involve a preliminary self-reference of the faculties the power of judgment itself is required to connect and let them match with each other. Accordingly, I claim that 2) the principle of purposiveness is the principle of the power of judgment as such, and not just of an allegedly self-standing reflecting branch of this faculty. I criticize the view that (...) Kant draws a dichotomy between reflecting and determining judgments and argue that 3) Kant’s point in the third Critique is to rule out the amphiboly between the reflecting and the determining employment of the principle of purposiveness. The power of judgment is, as such, always reflecting: while in the case of cognition it also works in a determining way, in the case of both aesthetics and teleology it is only reflecting, i.e., self-purposive – as it sets its function as its own end. (shrink)

The neurological criteria for the determination of death remain controversial within secular and Catholic circles, even though they are widely accepted within the medical community. In Determining Death by Neurological Criteria, Matthew Hanley offers both a practical and a philosophical defense. Hanley shows that the criteria are often misapplied in clinical settings, leading to cases where persons declared dead apparently spontaneously revive. These instances are often connected to a rushed decision to retrieve donated organs, thus undermining the trust of the (...) public in organ donation. Hanley calls on health care institutions to take seriously their obligation to establish strict protocols for the determination of death, including who may conduct the examinations. From a broader perspective, Hanley considers how the criteria rely on a philosophical conception of the person as a living organism whose unity disintegrates at death. This view, he notes, corresponds to the Catholic conviction that the soul is the life-principle of the body, which departs at death, bringing about the destruction of the body-soul composite. The Vatican, recognizing that death is a medical judgment, has generally given its approval to the criteria. Hanley also reviews the many and various objections offered by detractors, including against the use of the apnea test, which is faulted as a practice that sometimes hastens death. The problem of the continued presence of certain vital functions within the deceased body of the brain dead is explored in detail, with reference to particular cases and to solutions proposed by leading physicians and bioethicists. Hanley likewise addresses the dilemma of having two separate standards for death, one neurological and the other cardiopulmonary. Given the possibility of resuscitation following loss of the cardio-circulatory system, he concludes that the neurological criteria must be the true standard. Stoppage of the heart leads swiftly to the final necrosis of the brain. -- Provided by publisher. (shrink)

The substituted judgement principle is often recommended as a means of promoting the self-determination of an incompetent individual when proxy decision makers are faced with having to make decisions about health care. This article represents a critical ethical analysis of this decision-making principle and describes practical impediments that serve to undermine its fundamental purpose. These impediments predominantly stem from the informality associated with the application of the substituted judgement principle. It is recommended that the principles upon which decisions are made (...) about health care for another person should be transparent to all those involved in the process. Furthermore, the substituted judgement principle requires greater rigour in its practical application than currently tends to be the case. It may be that this principle should be subsumed as a component of advance directives in order that it fulfils its aim of serving to respect the self-determination of incompetent individuals. (shrink)