Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published (...) in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

This is the first chapter of a book that I'm writing entitled Kantsequentialism: A Morality of Ends. The chapter has six sections: (1) The Distinction between a Moral Theory and a Complete Account of Morality, (2) The Best Explanation, (3) Fitting the Data as Opposed to the Facts, (4) Epistemic Justification and Phenomenal Conservatism, (5) Neither Overfitting nor Underfitting the Data, and (6) Trusting Our Moral Intuitions. Thus, the chapter begins by providing an account of what a (...) moral theory is and how that differs from a complete account of morality. It then argues that there are only four explanatory virtues: modesty, coherence, unifying power, and predictive power. Thus, it argues that simplicity is not itself a virtue. It explains how it's important for a theory to avoid either overfitting or underfitting the data. The chapter then explains that the data for our philosophical theories are our intuitions (which are intellectual seemings), and it defends phenomenal conservatism -- the view that we are justified in believing that things are as they seem unless and until grounds for doubt arise. Lastly, it responds to worries about the trustworthiness of our moral intuitions stemming from both experimental philosophy and evolutionary debunking arguments. (shrink)

_Moral Theory and Anomaly_ considers and rejects the claim that moral theory is too utopian to apply properly to worldly pursuits like political office holding and business, and too patriarchal and speciesist to generate a theory of justice applicable to women and the non-human natural world.

Traditional moral theories help corporate decision-makers understand what position consumers, like Rose Cipollone, in Cipollone vs Liggett Group, will take against cigarette manufacturers who fail to warn of the dangers of smoking, conceal data about addiction and other dangers, from the public, as well as continue to neutralize the warnings on cigarettes by deceptive advertisements.

Dilthey’s moral writings have received scant attention over the years, perhaps due to his apparent tendency toward relativism. This essay offers a unified look at Dilthey’s moral writings in the context of his Kantian-styled “Critique of Historical Reason.” I present the Dilthey of the moral writings as an observer of reason in the spirit of Kant, watching practical reason devolve into error when it applies itself beyond the bounds of possible experience. Drawing on moral writings from (...) across Dilthey’s corpus, I retrace Dilthey’s argument that moral theories from Kantianism and utilitarianism to natural law theory suffer significant motivational problems because of the way they transcend the “synthesis” of moral perception. Dilthey’s argument suggests that abstract moral theory is always bound to seem unmotivating and unreal from the standpoint of lived experience, and perhaps that, to avoid this, moral philosophy should confine itself to more situated, case-specific judgments. (shrink)

Recently there have been a number of attempts to show that free will is not a necessary condition for moral responsibility. It is argued that moral responsibility can be shown to be compatible with determinism even if free will is not. I assess the two most prominent arguments for this position and conclude that neither is sound. There is, however, an argument which does make a prima facie case for this new form of compatibilism. This argument, however, is (...) not decisive. I maintain that what can be learned from the argument’s short-comings is that the free will problem can only be resolved by appeal to moral theory. We need some method by which competing intuitions about the matter can be adjudicated. (shrink)

Implicit morality theories refer to people’s beliefs about whether individuals’ moral character is fixed or malleable. Drawing on the social cognitive theory of morality, we examine the relationship between employees’ implicit morality theories and their organizational citizenship behaviors toward coworkers (OCBC) and coworker-directed deviance (CDD) through a moral self-regulatory mechanism. A laboratory experiment (Study 1), an online experiment (Study 2), and a multi-wave, multi-source field survey (Study 3) found that the more employees held a fixed belief about (...) morality, the lower their sense of moral control, especially when their moral identity was lower. This perceived lack of moral control, in turn, predicted decreased OCBC, particularly when the workgroup ethical climate was weak. However, this relationship did not hold for CDD. Overall, our research highlights implicit morality theories as a novel antecedent of employees’ workplace behaviors, and identifies the underlying moral self-regulatory process, along with individual and situational boundary conditions. (shrink)

_ Exemplarist Moral Theory _ By ZagzebskiLinda TrinkausOxford University Press, 2017. xiv + 274 pp. £41.99.

This contemporary examination of moral theory succinctly covers the full range of theoretical positions, from extreme particularism to moral ideals. Students are challenged to think critically about abstract theories and to use acquired knowledge to support moral experience. In this comprehensive approach to the study of ethics the student is exposed to numerous positions, asked to consider their strengths and weaknesses, and guided to understand how typically opposed theories can jointly aid moral decision making.

Contemporary academic moral theory is a territory partitioned between a number of highly professionalised and (on the face of it) fiercely opposed schools of thought—consequentialism, Kantianism, virtue ethics, contractualism, natural law theory, sentimentalism and others. Not every academic ethicist is aligned with any of these schools, but most are, and all face insistent pressure to become aligned. (For example, appointing committees for ethics jobs often ask “What sort of ethicist are you?”, and tend, both intentionally and unintentionally, (...) to penalise complex or unusual answers.). (shrink)

Most moral theories share certain features in common with other theories. They consist of a set of propositions that are universal, general, and hence impartial. The propositions that constitute a typical moral theory are (1) universal, in that they apply to all subjects designated as within their scope. They are (2) general, in that they include no proper names or definite descriptions. They are therefore (3) impartial, in that they accord no special privilege to any particular agent's (...) situation which cannot be justified under (2) and (3). These three features do not distinguish moral theories from other theories, nor indeed from most general categorical propositions we assert. Yet, in recent years, these features of moral theories have been the target of a certain concerted and sustained criticism, namely, that to be committed to such a moral theory, or to aspire to act in accordance with its requirements, results in what has come to be known as moral alienation. Moral alienation, according to this criticism, consists in (i) viewing one's ground projects from an impersonal, "moral point of view" engendered by one's acceptance of the theory; (ii) being prepared to sacrifice these projects to the requirements of moral principle; and (iii) making such a sacrifice specifically and self-consciously in order to conform to these requirements. Moral alienation is said to manifest itself in one (or both) of two ways, depending on the nature of the project thus susceptible to sacrifice. One may be alienated from oneself, if the project consists of tastes, convictions, or aspirations that are centrally definitive of one's self. In this case one's commitment to the project can be at best conditional on its congruence with one's moral theory. It is claimed that this must make for a rather tepid and unenthusiastic commitment indeed. Alternatively, one may be alienated from others, if the project is an interpersonal relationship such as a friendship, marriage, or collegial relationship. In this case one's responses to the other are motivated by one's awareness of what one's moral theory requires. It is claimed that this obstructs a genuine and unmediated emotional response to the other as such. My aim here will be to argue that this very compelling criticism - call it the moral-alienation criticism - is nevertheless misdirected. The real culprit is not any particular moral theory, but rather a certain familiar personality type that may or may not adopt it. (shrink)

This book provides a novel formulation and defence of moral error theory. It also provides a novel solution to the so-called now what question; viz., the question what we should do with our moral thought and talk after moral error theory. The novel formulation of moral error theory uses pragmatic presupposition rather than conceptual entailment to argue that moral judgments carry a non-negotiable commitment to categorical moral reasons. The new answer to (...) the now what question is pragmatic presupposition substitutionism: we should substitute our current moral judgments, which pragmatically presuppose the existence of categorical moral reasons with ‘schmoral’ judgments that pragmatically presuppose the existence of a specific class of prudential reasons. These are prudential reasons that, when we act on them, contribute to the satisfaction of what the author calls ‘the fundamental desire’; namely, the desire to live in a world with mutually beneficial cooperation. (shrink)

Jonas Olson presents a critical survey of moral error theory, the view that there are no moral facts and so all moral claims are false. Part I explores the historical context of the debate; Part II assesses J. L. Mackie's famous arguments; Part III defends error theory against challenges and considers its implications for our moral thinking.

In this paper I defend what I call the argument from epistemic reasons against the moral error theory. I argue that the moral error theory entails that there are no epistemic reasons for belief and that this is bad news for the moral error theory since, if there are no epistemic reasons for belief, no one knows anything. If no one knows anything, then no one knows that there is thought when they are thinking, (...) and no one knows that they do not know everything. And it could not be the case that we do not know that there is thought when we believe that there is thought and that we do not know that we do not know everything. I address several objections to the claim that the moral error theory entails that there are no epistemic reasons for belief. It might seem that arguing against the error theory on the grounds that it entails that no one knows anything is just providing a Moorean argument against the moral error theory. I show that even if my argument against the error theory is indeed a Moorean one, it avoids Streumer's, McPherson's and Olson's objections to previous Moorean arguments against the error theory and is a more powerful argument against the error theory than Moore's argument against external world skepticism is against external world skepticism. (shrink)

In this article we identify three previously unnoticed problems with flexible moral theories, i.e., theories according to which different moral rules apply when there is full compliance and when there is partial compliance. The first problem is that flexible theories are necessarily very complex, which undermines their ability to motivate and guide action. The second problem is that flexible theories allow for a troubling kind of (moral) domination: the duties an agent has depend on other agents' willingness (...) to comply. Finally, flexible theories introduce indeterminacy: it is sometimes impossible to determine which moral rules apply. When agents stand at the threshold—i.e., when a different rule would apply if a single additional act of noncompliance took place—it is impossible to determine which rule should apply. (shrink)

In what follows I want to endorse and to reinforce what seems to me a pragmatic, and more specifically a Deweyan, account of the dim prospects for traditional moral theory. I want further to describe a role for moral philosophy that accepts the demise of moral theory, a role exemplified by Dewey himself in his insistence on the place of intelligence and reflection in a satisfactory life. Dewey’s insistence on intelligence and reflection in the good (...) life gives rise to a large–scale moral ideal, the ideal of the reflective life; I describe that ideal and contrast it with some others. (shrink)

This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on 'guidance control'. This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The (...) authors go on to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism. (shrink)

In Exemplarist Moral Theory of Linda Zagzebski presents an original moral theory based on direct reference to exemplars of goodness, whom we identify through the emotion of admiration. Using examples of heroes, saints, and sages, she shows how narratives of exemplars and empirical work on the most admirable persons can be incorporated into the theory to serve both theoretical and practical purposes.

This chapter contains section titled: Moral Motivation Virtue and Motivation Self‐interest and Morality What about Luck? Are Moral Considerations Overriding? Where Now? Questions for Discussion and Reflection Thinkers and Their Works, and Further Reading Notes.

This paper takes up the question of the role of philosophical moral theory in our attempts to resolve the ethical problems that arise in health care, with particular reference to the contention that we need theory to be determinative of our choice of actions. Moral theorizing is distinguished from moral theories and the prospects for determinacy from the latter are examined through a consideration of the most promising candidates: utilitarianism, deontology and the procedures involved in (...) reflective equilibrium. It is argued that the current lack of any generally accepted method of solving moral problems, together with the extreme improbability of philosophy achieving a plausibly determinate theory, should encourage us to approach the problems in a spirit of agnosticism regarding the way in which theoretical material might be of relevance. The practical test for both moral theorizing and moral theories is thus not determinacy but the degree to which they increase our understanding of moral problems by serving, as they do in philosophy, as a means of inquiry into their nature. (shrink)

Résumé À première vue, les idées morales de l’abbé de Condillac (1714-1780) – et contrairement à celles de son frère Mably – ne doivent pas être comptées au rang de ses succès. Sans postérité apparente, elles ont surtout souffert d’un étonnant manque de notoriété dès le siècle des Lumières et ce jusqu’à nos jours. Aucun des grands commentateurs, contemporains ou plus anciens, de la pensée du philosophe ne s’y est arrêté avant que deux thèses de doctorat récentes ne viennent remettre (...) en cause cet état de fait. Leurs interprétations des idées morales de Condillac sont cependant assez divergentes. La première s’appuie principalement sur l’ Essai sur l’origine des connaissances humaines (1746) et conclut à une forme particulière de morale déontologique. Celle-ci s’appuierait sur la connaissance du principe de conservation de soi, limitatif de la volonté et créateur de devoirs, au travers du langage articulé des êtres humains. La seconde, s’appuyant sur le rôle des besoins et le « calcul des plaisirs et des peines », tente d’inscrire la morale condillacienne dans une optique plutôt utilitariste. Cet article s’inscrit clairement dans cette seconde perspective. Il s’attachera d’abord à présenter en quoi les principes de l’association humaine (de « l’état de nature » au « contrat ») et de la morale sont chez Condillac le résultat de la nécessité de « se conserver », cette dernière notion devant être entendu au sens large de la satisfaction de tous les besoins de l’homme social. Nous verrons ensuite comment Condillac propose un véritable « calcul moral » qui conduit les individus à agir vertueusement tout en n’ayant pour objet que leur intérêt propre. Enfin, la conclusion inscrira cette théorie morale au carrefour des conceptions de Jean-Jacques Burlamaqui et celles des utilitaristes français de la seconde moitié du xviii e siècle, les idées de Condillac constituant finalement un pas supplémentaire, par rapport au droit naturel, vers une morale conséquentialiste. (shrink)

This paper begins by trying to explicate what moral thought and moral theory are. Then the paper contends that, at the point of decision of what to do, everyday moral thought focuses on what seem to be the morally relevant differences among available alternative acts. Moral principles might well come into play when we try to tease out whether a moral concept applies. Moral principles might also come into play in thinking about cases (...) in which moral reasons conflict. Moral principles and moral theorizing even more obviously come into play when thought experiments are conducted on imaginary cases. A very common example of imaginary cases figuring in moral decision-making is the role-reversal thought experiment in which we contemplate how we would react if others did to us what we are considering doing to them. Sometimes, when one person asserts that an action is morally required, someone else asks why. Pressed far enough, this question can be answered only by “I don’t know” or by pointing to whatever ultimately makes acts morally required, permissible, or prohibited. Views about what ultimately makes acts morally required, permissible, or prohibited are moral theories. The final section of the paper outlines the leading moral theories and proposes that, although they differ at the level of fundamental principle, they largely agree about how everyday moral thought should be conducted. (shrink)

The morality of our distant ancestors bears a remarkable resemblance to the moral experiences of modern athletes. This book brings together stories from today’s sports world and the moral practices of hunter-gatherers to shed new light on both sports and morality and offer a unique interpretation of America’s love affair with sports.

Originally published in 1921, updated in 1932 and re-issued in 1966 with an introduction by Stephan Körner, this book remains a classic introduction to the study of ethics. It clearly explains both the Aristotelian and the Kantian approach to ethical problems, by combining the advantages of a historical and systematic introduction. Much of the book is devoted to Aristotle and Kant, whose moral theories are important and who are influential forces in contemporary moral philosophy.

The recent revival of virtue ethics may have a salutary effect on normative ethical theory. Over the past few years, an ‘agent-based’ virtue ethics inspired by the moral sentimentalism of Hutcheson, Hume, Martineau, and (more recently) Nel Noddings has taken shape. Because this approach allows room for a generalized humanitarianism that is notably absent in Aristotle, it may have more contemporary promise than neo-Aristotelian views. But agent-based virtue ethics also enables us to make some new distinctions within more (...) familiar views and to that extent, therefore, has something to offer advocates of the very approaches with which it disagrees. (shrink)

As professionals, nurses are engaged in a moral endeavour, and thus confront many challenges in making the right decision and taking the right action. When nurses cannot do what they think is right, they experience moral distress that leaves a moral residue. This article proposes a theory of moral distress and a research agenda to develop a better understanding of moral distress, how to prevent it, and, when it cannot be prevented, how to manage (...) it. (shrink)

There are three main moral theories: virtue ethics, the deontological approach and utilitarianism. The concern here is how they interrelate, why they come into focus at different times and places, and how they are configured in their application to a modern democratic society. Person-oriented virtue ethics was the dominant understanding in Ancient Greece but within the Western tradition this was later subordinated to the monotheism of Ancient Judaism as modified by Christianity. Of growing importance by the eighteenth century was (...) rights theory which was often still situated religiously. Kant’s principle of the categorical imperative has been highly influential but was challenged by the emerging nature of industrial and capitalist society. Utilitarianism, within which the moral rightness of activity resides in its tendency to promote happiness or unhappiness, represented the decisive move from the transcendental to the immanent approach. Although all three approaches to moral theory continue to be relevant to identifiable situations and aspects of modern society, there has been a substantial turn towards a heavily modified utilitarianism associated with parliamentary democracy and market economies founded on property ownership. The root cause of this is the ability of utilitarianism, as opposed to the other approaches, to handle considerations of number and probability. The concept of utility is fundamental in economics but the idea has evolved away from its origins to mean “preference”. There is a sense in which the straightforward appeal of basic utilitarianism has been “leased out” in modified form to a set of institutional arrangements. Certain “pressure points” in a modern society are noted which pose particular problems pertinent to moral theory. Bernard Williams argues persuasively for an appropriately modified form of virtue ethics. (shrink)

Moral Theory explores some of the most historically important and currently debated moral theories about the nature of the right and good. After introducing students in the first chapter to some of the main aims and methods of evaluating a moral theory, the remaining chapters are devoted to an examination of various moral theories including the divine command theory, moral relativism, natural law theory, Kant's moral theory, moral pluralism, (...) virtue ethics, and moral particularism. (shrink)

Abstract This article reconstructs an under-explored conception of African religious ethics qua vitality – a spiritual energy emanating and maximally inhering in God. Much of the literature in African morality takes a historical or anthropological approach to morality. By use analytic philosophy, I advocate, note, not defend, an African religious ethics. By ‘religious ethics’, I mean, firstly, a meta-ethical theory, an account about the nature of moral properties that they are spiritual. ‘Rightness’ is definable as an instance of (...) positive relation with vitality, and ‘wrongness’ as one of a negative relation. Secondly, by ‘religious ethics’, I mean, a principle of right action. I here specify three such principles: perfectionist – an act is right insofar as it perfects one’s spiritual nature; consequentialist – an act is right insofar as it promotes the vitality of the society and the deontological principle – an act is right insofar as it honours a person’s spiritual nature. I ultimately defend the deontological principle of right of action. (shrink)

Children must be taught morality. They must be taught to recognise the authority of moral standards and to understand what makes them authoritative. But there’s a problem: the content and justification of morality are matters of reasonable disagreement among reasonable people. This makes it hard to see how educators can secure children’s commitment to moral standards without indoctrinating them. -/- In A Theory of Moral Education, Michael Hand tackles this problem head on. He sets out to (...) show that moral education can and should be fully rational. It is true that many moral standards and justificatory theories are controversial, and educators have an obligation to teach these nondirectively, with the aim of enabling children to form their own considered views. But reasonable moral disagreement does not go all the way down: some basic moral standards are robustly justified, and these should be taught directively, with the aim of bringing children to recognise and understand their authority. -/- This is an original and important contribution to the philosophy of moral education, which lays a new theoretical foundation for the urgent practical task of teaching right from wrong. (shrink)

Moral psychology studies the features of cognition, judgement, perception and emotion that make human beings capable of moral action. Perspectives from feminist and race theory immensely enrich moral psychology. Writers who take these perspectives ask questions about mind, feeling, and action in contexts of social difference and unequal power and opportunity. These essays by a distinguished international cast of philosophers explore moral psychology as it connects to social life, scientific studies, and literature.

Recently, companions in guilt strategies have garnered significant philosophical attention as a response to arguments for moral error theory, the view that there are no moral facts and that our moral beliefs are thus systematically mistaken. According to Cuneo (The normative web: an argument for moral realism, Oxford University Press, Oxford, 2007), Das (Philos Q 66:152–160, 2016; Australas J Philos 95(1):58–69, 2017), Rowland (J Ethics Soc Philos 7(1):1–24, 2012; Philos Q 66:161–171, 2016) and others, epistemic (...) facts would be just as metaphysically problematic (or ‘guilty’) as moral facts. But since epistemic error theory is implausible, arguments for moral error theory prove too much and should be rejected. My aim is to argue that the success of this strategy is limited. In particular, the companions in guilt response fails against error-theoretic arguments motivated by concerns about explanatory dispensability, as recently developed by Joyce (The evolution of morality, MIT press, Bradford, 2005) and Olson (Moral error theory: history, critique, defence, Oxford University Press, Oxford, 2014: Ch. 7). To succeed, the response would require a prima facie plausible argument to the effect that epistemic facts are metaphysically dubious because they, too, are explanatorily dispensable. But, as I show, any such argument proves self-effacing: its premise commits us to believing in epistemic facts, while its conclusion forces us to deny their existence. Consequently, companions in guilt strategies don’t offer a panacea against arguments for moral error theory. (shrink)

Many moral error theorists hold that moral facts are irreducibly normative. They also hold that irreducible normativity is metaphysically queer and conclude that there are no irreducibly normative reasons and consequently no moral facts. A popular response to moral error theory utilizes the so-called ‘companions in guilt’ strategy and argues that if moral reasons are irreducibly normative, then epistemic reasons are too. This is the Parity Premise, on the basis of which critics of (...) class='Hi'>moral error theory draw the Parity Conclusion that if there are no irreducibly normative reasons, there are no moral reasons and no epistemic reasons. From the Parity Conclusion and Epistemic Realism (the view that there are epistemic reasons), it follows that it is false that there are no irreducibly normative reasons. In this paper, I argue that the Parity Premise and the Parity Conclusion can both plausibly be rejected. (shrink)

It is notable that all of the leading theories of blame have to employ ungainly fixes to deflect one or more apparent counterexamples. What these theories share is a content‐based theory of blame's nature. Such approaches overlook or ignore blame's core unifying feature, namely, its function, which is to signal the blamer's commitment to a set of norms. In this paper, we present the problems with the extant theories and then explain what signaling is, how it functions in blame, (...) why appealing to it resolves the problems in other theories, what the signaling function implies for a wider range of gray‐area cases, and what the larger significance is of blame's core function for interpersonal interactions in a variety of (non‐moral) normative domains. (shrink)

Presuming the truth of a dominant conception of an African ontological system, this chapter offers some understanding of African moral theory and its recommendations for abortion. I argue that an African moral theory, all things equal, forbids abortion.

Our present moral traits are unable to provide the level of large-scale co-operation necessary to deal with risks such as nuclear proliferation, drastic climate change and pandemics. In order to survive in an environment with powerful and easily available technologies, some authors claim that we need to improve our moral traits with moral enhancement. But this is prone to produce paradoxical effects, be self-reinforcing and harm personal identity. The risks of moral enhancement require the use of (...) a safety framework; such a framework should guarantee practical robustness to moral uncertainty, empirical adequacy, correct balance between dispositions, preservation of identity, and be sensitive to practical considerations such as emergent social effects. A virtue theory can meet all these desiderata. Possible frameworks incorporate them to variable degrees. The social value orientations framework is one of the most promising candidates. (shrink)

The chapter juxtaposes the fairly quick and automatic thinking and decision making that constitutes everyday moral thought and action with the slower, more complicated, and more reflective thinking that steps beyond everyday moral thought. Various difficulties that can slow down everyday moral thought are catalogued in this paper. The paper explains how dealing with many of these difficulties leads to thinking about moral principles. And, even where there are not such difficulties, everyday moral thought can (...) be challenged by repeated “why?” questions. Pushed far enough, such questions have to be answered by admitting ignorance or by pointing to theses about whatever ultimately makes acts morally required, permissible, or prohibited. Such theses are moral theories. As a point about moral theories, the paper ends by pointing out a respect in which everyday moral thought is more like rule-consequentialism, contractualism, foundational pluralism, and virtue ethics than everyday moral thought is like traditional act-consequentialism. (shrink)