In 1993, Professor of Jurisprudence, Ronald Dworkin of Oxford University and Professor of Law at New York University, delivered the Georgetown Law Center’s thirteenth Annual Philip A. Hart Memorial Lecture: "Life’s Dominion: An Argument About Abortion and Euthanasia." Dworkin is Professor of Philosophy and Frank Henry Sommer Professor of Law at New York University. He received B.A. degrees from both Harvard College and Oxford University, and an LL.B. from Harvard Law School and clerked for Judge Learned Hand. He was (...) associated with a law firm in New York (Sullivan and Cromwell) and was a professor of law at Yale University Law School from 1962-1969. He has been Professor of Jurisprudence at Oxford and Fellow of University College since 1969. He has a joint appointment at Oxford and at NYU where he is a professor both in the Law School and the Philosophy Department. He is a Fellow of the British Academy and a member of the American Academy of Arts and Sciences. Professor Dworkin is the author of many articles in philosophical and legal journals as well as articles on legal and political topics in the New York Review of Books. He has written Taking Rights Seriously (1977), A Matter of Principle (1985), Law’s Empire (1986), Philosophical Issues in Senile Dementia (1987), A Bill of Rights for Britain (1990), Life’s Dominion (1993), and Freedom’s Law (1996). (shrink)

Recent scholarship (Goodwin & Darley, 2008) on the meta-ethical debate between objectivism and relativism has found people to be mixed: they are objectivists about some issues, but relativists about others. The studies discussed here sought to explore this further. Study 1 explored whether giving people the ability to identify moral issues for themselves would reveal them to be more globally objectivist. Study 2 explored people's meta-ethical commitments more deeply, asking them to provide verbal explanations for their judgments. This revealed that (...) while people think they are relativists, this may not always be the case. The explanations people gave were sometimes rated by outside (blind) coders as being objective, even when given a relativist response. Nonetheless, people remained meta-ethical pluralists. Why this might be is discussed. (shrink)

This text provides a comprehensive and timely examination of the most pertinent factors affecting institutional ethics committees, for ethicists, trustees, administrators, physicians, clergy, nurses, social workers, attorneys and others with an interest in ethics committees.

We need modal imagination in order to extend our conception of reality - and, in particular, of human beings - beyond our immediate experience in the indexical present; and we need to do this in order to preserve the significance of human interaction. To make this leap of imagination successfully is to achieve not only insight but also an impartial perspective on our own and others' inner states. This perspective is a necessary condition of experiencing compassion for others. This is (...) the primary thesis I will try to defend in this discussion. (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)

CHAPTER I INTRODUCTION Relevance was one of the most important concerns in the philosophy of Alfred Schutz. In a sequence of articles dealing with a number ...

Skeptical theism seeks to defend theism against the problem of evil by invoking putatively reasonable skepticism concerning human epistemic limitations in order to establish that we have no epistemological basis from which to judge that apparently gratuitous evils are not in fact justified by morally sufficient reasons beyond our ken. This paper contributes to the set of distinctively practical criticisms of skeptical theism by arguing that religious believers who accept skeptical theism and take its practical implications seriously will be forced (...) into a position of paralysis or "aporia" when faced with a wide set of morally significant situations. It is argued that this consequence speaks strongly against the acceptance of skeptical theism insofar as such moral "aporia" is inconsistent with religious moral teaching and practice. In addition, a variety of arguments designed to show that accepting skeptical theism does not lead to this consequence are considered, and shown to be deficient. (shrink)

SummaryIn this article I argue that Darwin was the author, quite contrary to his original intentions, of a fundamental revolution in the theory of scientific knowledge. In 1838, in order to meet the anti-evolutionist challenge of his professional colleague, William Whewell, he began to sketch a transmutationist theory of the origin of human ideas which would explain the success of inductive science: its discovery of what Whewell and his contemporaries thought were necessary and certain truths. But though it explained how (...) scientific ideas originated, Darwin's theory implied also that theoretical certainty in science was impossible. Thus Darwin's evolutionism when combined with Whewell's a priorism led to a thorough-going fallibilism. This was worked out in detail by W. K. Clifford, a Cambridge evolutionist, Kantian and fallibilist. (shrink)

Historians should not use their own up-to-date methodologies to judge the rationality or correctness of the research strategies of scientists in history. For the history of science is, in part, the history of the rational growth of methodology and the historian's own up-to-date methodology is, in part, a product of the scientific revolutions of the past. Historians who use their own methodologies to judge the rationality of past research strategies are being too wise after the event. I show, using the (...) case of Charles Darwin, how we can judge the rationality and correctness of research strategies and revolutions without being too wise after the event. I do this by rejecting the idea that methodologies double as rationality theories and by drawing instead on Popper's competing view of rationality as critical debate. (shrink)

In our dealings with young children, we often get them to do or think things by arranging their environments in certain ways; by dissembling, simplifying, or ambiguating the facts in answer to their queries; by carefully selecting the states of affairs, behavior of others, and utterances to which they shall be privy. We rightly justify these practices by pointing out a child's malleability, and the necessity of paying close attention to formative influences during its years of growth. This filtering of (...) influences is necessary, we point out, if children are ever to reach a degree of maturity and inner stability that will enable them to understand and cope adequately with the complexities, contradictions, and difficulties of the world from which we now seek to shield them. Thus a child's eventual state of competence, maturity, and autonomy adequately justifies our current practices of manipulation and selection of his environment: such practices are rightly held to be ultimately in the child's best interests as an adult. There is no future state of things with reference to which the Utilitarian night justify his policy of secrecy and manipulation, and in light of which this policy night eventually be dispensed with and commonly validated, in retrospect, as a means to the worthwhile goal of moral maturity. That is, there is no point at which the attitude of the Utilitarian to the rest of the community can develop past the analogous attitude of the parent towards the child; no point at which the Utilitarian might eventually bear to others a relationship of mutual acknowledgement and respect as mature, autonomous, moral adults. The consistent Utilitarian, then, largely regards himself as if he were the only adult in a community of children. (shrink)

In recent years skeptical theism has gained currency amongst theists as a way to escape the problem of evil by invoking putatively reasonable skepticism concerning our ability to know that instances of apparently gratuitous evil are unredeemed by morally sufficient reasons known to God alone. After explicating skeptical theism through the work of Stephen Wykstra and William Alston, I present a cumulative-case argument designed to show that skeptical theism cannot be accepted by theists insofar as it crucially undermines epistemic license (...) to the very theism it is invoked to defend. I also argue that attempts to defend a theism-friendly moderate version of skeptical theism either fail to halt the spread of damaging skepticism, or lack philosophical validity. (shrink)

In this interview, the previous editor-in-chief of Theoria, Lawrence Hamilton, describes the evolution of Theoria to become a journal with more Southern political theory scholars and ideas, and how this was inspired by the limitations of Northern theory alone in understanding real world political problems in South Africa especially. He traces the evolution of this thought in becoming a more ‘decolonial’ type thinker through his own work, and how this intersected with Theoria's focus, with specific reference to special issues of (...) the journal including ‘Freedom and Power’ in 2013, ‘Empire and Economics’ in 2016 and a series of African-focussed editions in 2018, 2019 and 2021. At the heart of this lived experienced of intellectual development is a validation of the importance of context-based theory and theorising that is nevertheless still engaged with northern thought and global issues. This intellectual history helps clarify Theoria's current substantive focus. (shrink)

Right to die legal cases in the United States have evolved over the last 25 years, beginning with the Karen Quinlan case in 1975. Different substantive and procedural issues have been raised in these cases, and society's thinking has changed as a result of the far more complex legal issues that appear today as opposed to the simplistic views raised in early landmark cases. Many of the early cases involved patients in a vegetative state, but more recently patients who were (...) in a minimally conscious state have been the center of attention. Early cases involved the withdrawal of respirators and other sophisticated technology, but later cases centered on the withdrawal of artificial nutrition and hydration, and even whether it was permissible for competent patients to stop eating and drinking in a normal manner. Initial cases pitted families who argued for withdrawal of treatment, usually against the attending physicians and hospitals and/or the state or federal government, who argued for continuation of treatment. (shrink)

I argue that acting autonomously is often a far more difficult achievement than much of the recent literature on this topic would suggest. Several of the most influential autonomy achievement theories have low achievement thresholds, and there are conceptual and empirical reasons to hold that autonomy achievement ought to be viewed as having much higher thresholds in general. I consider and rebut a variety of reasons for keeping the autonomy achievement threshold low, and conclude with a brief word on the (...) normative implications of my thesis. (shrink)

In an earlier discussion, I argued that Kant's moral theory satisfies some of the basic criteria for being a genuine theory: it includes testable hypotheses, nomological higher-and lower-level laws, theoretical constructs, internal principles, and bridge principles. I tried to show that Kant's moral theory is an ideal, descriptive deductive-nomological theory that explains the behavior of a fully rational being and generates testable hypotheses about the moral behavior of actual agents whom we initially assume to conform to its theoretical constructs. I (...) argued that the moral "ought" is best understood as the "ought" of tentative prediction expressed in the range of uses of the German sollen; and that the degree to which such a theory is well-confirmed is a function of the degree to which we actually judge individual human agents, on a case-by-case basis, to be motivated by rationality, stupidity, or moral corruption in their actions. I assume that a similar case could be made for other major contenders, such as Utilitarianism or Aristotelianism. But there still remains unanswered the question of which of these theories is the best among the available alternatives. To answer this question, further criteria of selection must be invoked. Among these are structural elegance and explanatory simplicity, but even these do not exhaust the desiderata for an adequate moral theory. More pressing in the case of moral theory is the requirement that the theory enable us to understand all the available data of moral experience; that the theory be sufficiently inclusive that in the formulation of its descriptive laws and practical principles, it be capable of identifying as morally significant all the behavior to which moral praise, condemnation, or acquittal is a relevant and appropriate response. (shrink)

There is a broad consensus, within the interlocking system of art institutions, on the goals viewed as worth achieving. Artists, for example, will strive to realize broadly formalist values in their work; critics will strive to discern and articulate the achievement of such values; dealers will strive to discover and promote artists whose work successfully reflects these standards; and collectors will strive to acquire and exchange such work.The long-range effect of this tightly defended consensus is that the art practitioners who (...) share it determine - through their shared values and practices, and the economic and social factors that determine them - the criteria of critical evaluation for all art that aspires to entry into existing art institutions. I shall describe this as a state of critical hegemony. That is, the socioeconomically determined aesthetic interests of these individuals define not only what counts as "good" and "bad" art, but what counts as art, period. (shrink)

Kristján Kristjánsson is one of the most prominent neo-Aristotelian defenders of the view that flourishing is the primary aim of education. Although he supports most aspects of Aristotle’s theory, Kristjánsson argues that Aristotle failed to capture the significance of awe for human flourishing. Kristjánsson seeks to remedy this deficiency. While I find Kristjánsson’s work on awe compelling and important, I am not convinced it fits with his wider conception of flourishing. To make room for it, I shall argue, Kristjánsson must (...) either modify several other core aspects of his theory or account for the normative significance of awe in a different way. Taking the former route comes at the cost of an unfortunate amount of ad hoc theoretical bloat. Happily, though, the latter route can be satisfied in several plausible ways. We can and should emphasize the importance of awe in education, but not by claiming that awe is a necessary part of species functioning à la Aristotle. (shrink)

In this paper I argue for what I call ‘the inherency thesis’: the thesis that an autonomous choice that succeeds in expressing an agent’s authentic identity is inherently prudentially valuable for the choosing agent. I argue that this is the case because autonomous choice is a vehicle for the expression of authentic identity, the satisfaction of which is intrinsically prudentially valuable. Moreover, I argue that no such inherent relation exists between fulfilled autonomous choice and the exemplification of moral, aesthetic or (...) perfectionist value. These conclusions suggest that accounts of the normativity of personal autonomy should focus on the notion that the demand to respect personal autonomy is grounded on the demand to promote the prudential value – and hence well-being – of others. (shrink)

THE MAIN OBJECTIVES of the following discussions are, first, to show the logical inconsistency of Hegel’s theory of the necessity of private property and, second, to show its exegetical inconsistency with the most plausible and consistent interpretations of Hegel’s theory of the self and its relation to the state in Ethical Life. I begin with the latter objective, by distinguishing three basic conceptions of the self that can be gleaned from various passages in the Philosophy of Right. I suggest viable (...) connections between each of these three conceptions and three respective interpretations of what I call the Hegelian requirement, i.e., that the individual be able to identify his personal interests and values with those of the state [141, 147, 147r, 151, 155].1 This can be understood as the requirement that the individual be capable of transcending certain limits of individuality in the service of broader and more inclusive political goals. I argue that Hegel’s theory of Personality and the requirements of Ethical Life in the state commit him to a conception of the self as capable of achieving such selftranscendence through action, despite appearances to the contrary that suggest that self-transcendence is to be primarily achieved through acquisition of various kinds. I then try to demonstrate the logical inconsistency of Hegel’s theory of the necessity of private property. I argue that the fallacies inherent in his exposition of this theory can be explained by his presupposing a conception of the self which both is inadequate to meet the criteria of Hegel’s theories of Personality and Ethical Life and also, therefore, fails the Hegelian requirement. (shrink)

This Article discusses BLAs as tools of global labor migration governance, with a specific focus on gender. Drawing on our global database of 582 bilateral labor migration agreements, we investigate the extent to which these governing instruments connect and align with relevant international normative frameworks, in particular the extent to which they represent gains, gaps or gaffs in terms of gender equality and the human and labor rights protection of women migrants. In the context of the Global Compact for Safe, (...) Orderly and Regular Migration, which stresses a gender-responsive approach to migration governance as one of its guiding principles, we ask: Do the BLAs which are increasingly being used as instruments to govern labor migration contribute toward sustainable gender equality, decent work and reduced inequalities for women and gender-diverse migrants? (shrink)

Both European and Anglo-American philosophical traditions of Kant scholarship draw a sharp distinction between Kant’s theoretical and practical philosophies. They cite KrV, A 14.23 –28; KrV, A 15.01– 09; KrV, B 28.22 – 28; KrV, B 29.01 –12 as evidence that the analyses of intuition, understanding and reason proffered in the first Critique apply to cognition only, and therefore do not significantly illuminate his analyses of inclination, desire, or respect for the moral law in the Groundwork, second Critique, Metaphysics of (...) Morals, or Religion. This paper is part of a larger project that takes issue with this near-universal consensus, and with the canonical interpretation of KrV, A 14.23– 28; KrV, A 15.01 –09; KrV,B 28.22 –28; KrV, B 29.01 – 12. Many of the most important terms in Kant’s mature moral philosophy – such as “action,” “reason,” “freedom,” “will,” “categorical,” “imperative,” “ought,” “maxim,” “duty,” “inclination,” “end,” and “idea” – are introduced, and sometimes elaborated at length, in the first Critique; and often appear in the Groundwork with little or no further elaboration. This suggests that Kant intended the analysis of self and rationality in the first Critique to serve as a formal foundation for his subsequent analysis of practical deliberation and moral motivation in the Groundwork. Here I argue specifically that Kant’s use of the first-/third-person asymmetry in his analysis of action in the first Critique’s Resolution of the Third Antinomy is necessary to his account of moral motivation and moral intention in the Groundwork; and that the structure of pure apperception he offers in the Transcendental Deduction resolves this asymmetry. (shrink)

This study adapted and tested the efficacy of the Red-Light Purple-Light games for improving executive function skills in preprimary classrooms in Nairobi, Kenya. A cluster randomized controlled trial was used to evaluate the efficacy of the adapted RLPL intervention. Specifically, 24 centers were randomized to the RLPL or a wait-list control condition. Consistent with previous studies, participating classrooms delivered 16 lessons across an 8-week intervention period. A total of 479 children were recruited into the study. After exclusions based on child (...) age and data quality, 451 and 404 children had completed computerized assessments of EF skills at pre- and posttest assessments, respectively. Children in the RLPL centers did not demonstrate any improvements in EF skills relative to their peers in the wait-list control condition. Exploratory tests of moderators were also all null. Results are discussed with respect to measurement limitations and contextual factors that may explain the null results of RLPL on EF skills in young children in Kenya. (shrink)

Historically, the view, prevalent in contemporary economics and decision theory as well as philosophy, that rational action consists simply in satisfying one’s desires, whatever they may be, as efficiently as possible, is to be found first in Book II of Hume’s Treatise of Human Nature. This view has counterintuitive and self-refuting implications, in that it recognizes as rational behavior that may reveal a clear degree of irresponsibility or psychological instability. Accordingly, many Hume scholars have tried to show recently that this (...) view was not Hume’s; and that, on the contrary, Hume did supply an account of rational final ends--in his discussion of the calm passions, the “steady and general view” that corrects the biases and contingencies of an individual’s desires and perceptions, and elsewhere. But a detailed reconstruction of Hume’s views on these matters that assembles all the relevant texts does not support this thesis. Instead, it undermines it. Hence the counterintuitive and self-refuting implications of Hume’s view of rational action must be allowed to stand. (shrink)

J. David Velleman has argued that what it makes sense to care about out of love for someone is the unimpeded realisation of her autonomy. Although Velleman refers to both Kantian and perfectionist notions of autonomy, a close look at his argument shows that the form of autonomy that he employs actually amounts instead to personal autonomy. I argue that there are in fact no value constraints on the objects of autonomous choice on this account of autonomy. The upshot of (...) this claim is that a person may exercise personal autonomy without satisfying many other important normative demands. This suggests that Velleman’s endorsement of the unimpeded realisation of one’s beloved’s autonomy is wrong, insofar as a beloved’s autonomous choice may, in securing her personal interests, thwart her achievement of important goods, especially moral goods. In such cases, we have reason to hinder the unimpeded realisation of our beloved’s autonomy, precisely out of love for her. (shrink)

This paper considers a series of Kierkegaard’s early “upbuilding discourses” in order to argue that Kierkegaard was never Hegelian. These discourses reveal a dialectical play of non-dialectical difference and tension rather than mediated resolution and progress.Thus Kierkegaard’s is not a logical dialectic of mediation but an existential dialectic of difference—of irremediable paradox. The divisions of existential dividedness do not resolve themselves because they cannot resolve at all; existential difference, as distinct from logical contradiction, is non-dialectical. Kierkegaard’s is a “one-way” dialectic (...) that cannot resolve itself, for eternity, its only (in)conceivable resolution, is incommensurable with it. However, because eternity is not temporally before us as final cause but is rather within us and among us, the apparent simplicity of this one-way dialectic gives way, in the actuality of existence, to the desperate complexity of “redoubling repetition,” whereby the self comes to itself only in the halt of the lesson of death. (shrink)

It is often claimed that adultery can be morally permissible in cases where those engaged in adulterous behavior are part of an open marriage. Yet this only follows if the institution of open marriage itself can be justified. This problem has been generally overlooked, but it deserves attention, as it is far from evident that open marriage has sterling moral credentials. I argue that the most promising general justification of the institution of open marriage is not based on consequentialist or (...) aretaic principles, but rather on the principle of respect for autonomy. Yet while this principle justifies the institution of open marriage in the most general sense, it does not justify every case of adultery involving an open marriage. Whether a given case of adultery is rendered morally permissible by the presence of an open marriage will depend on whether the open marriage in question satisfies several other moral desiderata. (shrink)

By transcendental aesthetic, Kant means “the science of all principles of a priori sensibility” (A 21/B 35). These, he argues, are the laws that properly direct our judgments of taste (B 35 – 36 fn.), i.e. our aesthetic judgments as we ordinarily understand that notion in the context of contemporary art. Thus the first part of the Critique of Pure Reason, entitled the Transcendental Aesthetic, enumerates the necessary presuppositions of, among other things, our ability to make empirical judgments about particular (...) works of art. These presuppositions are sensible rather than intellectual because on Kant's view, all intellection that considers objects of any kind, whether abstract or concrete, must at base connect to actual, material objects with which we come into direct contact; and this we can do only through sensibility (A 19/B 33). Thus the following discussion explores what Kant claims must be true of us in order to make the sorts of aesthetic judgments we make, rather than any particular class or quality of aesthetic judgments itself. On Kant's view, what must be true of us in order to make aesthetic judgments is not different from what must be true of us in order to make any other kind of judgment about empirical objects. This last point is worth emphasizing, in order to correct an interpretation of Kant's account of aesthetic judgment in the Critique of Judgment that wrongly reads Kant as claiming that aesthetic judgments do not have to satisfy the same basic requirements of judgment that any other kind of judgment also must satisfy, such as the synthetic subsumption of such objects under certain necessary and hard-wired concepts of understanding, the internal coherence of such judgments with other, non-aesthetic ones of a more abstract and comprehensive character, the unified consciousness within which such judgments are intelligibly made, and the like. Of course Kant recognizes the special character of aesthetic judgments and unpacks it in the... (shrink)

Richard Rorty is one of the most oft-cited yet least understood philosophers of the twentieth century. This book offers an overview and introduction to Rorty's ideas, key writings and contributions to the various fields of philosophy. Chronologically organized, the book traces the development of Rorty's thought and examines all the key topics, and controversies, central to his work. Ronald A. Kuipers introduces Rorty's complex thought through the exploration of three Rortyan personas: The Philosophical Therapist, The Liberal Ironist, and the (...) Anticlerical Prophet. This exploration of Rorty's multivalent yet deeply coherent intellectual identity is set against the background of Rorty's personal motivations for studying philosophy, and for pursuing the controversial questions he did. The book portrays how, in conversation with the traditions of American Pragmatism, Analytic Philosophy, and Continental Thought, Rorty weaves his own unique and original philosophy. Rorty's originality resides in his fresh approach to interrelated social and political problems, revealing a thinker who has important reasons for wading into controversial intellectual waters. This is the ideal companion to study of this hugely influential thinker. (shrink)