It has recently been argued that a person’s moral judgments (about both their own and others’ actions) are constrained by the nature and extent of their relevant ignorance and, thus, that such judgments are determined in the first instance by the person’s epistemic circumstances. It has been argued, in other words, that the epistemic is logically prior to other normative (e.g., ethical, prudential, pecuniary) considerations in human decision-making, that these other normative considerations figure in decision-making only after (...) (logically and temporally) relevant ignorance has constrained the decision-maker’s menu of options. If this is right, then a person’s moral judgments in some set of circumstances should vary with their knowledge and ignorance of these circumstances. In this study, we test the hypothesis of the logical priority of the epistemic. We describe two experiments in which subjects’ knowledge and ignorance of relevant consequences were manipulated. In the second experiment, we also compared the effect of ignorance on moral judgments with that of personal force, a factor previously shown to influence moral judgments. We found broad empirical support for the armchair arguments that epistemic considerations are logically prior to normative considerations. (shrink)

It has recently been argued that a person’s moral judgments (about both their own and others’ actions) are constrained by the nature and extent of their relevant ignorance and, thus, that such judgments are determined in the first instance by the person’s epistemic circumstances. It has been argued, in other words, that the epistemic is logically prior to other normative (e.g., ethical, prudential, pecuniary) considerations in human decision-making, that these other normative considerations figure in decision-making only after (...) (logically and temporally) relevant ignorance has constrained the decision-maker’s menu of options. If this is right, then a person’s moral judgments in some set of circumstances should vary with their knowledge and ignorance of these circumstances. In this study, we test the hypothesis of the logical priority of the epistemic. We describe two experiments in which subjects’ knowledge and ignorance of relevant consequences were manipulated. In the second experiment, we also compared the effect of ignorance on moral judgments with that of personal force, a factor previously shown to influence moral judgments. We found broad empirical support for the armchair arguments that epistemic considerations are logically prior to normative considerations. (shrink)

We propose a fundamental challenge to the feasibility of moral progress: most extant theories of progress, we will argue, assume an unrealistic level of cognitive control people must have over their moral judgments for moral progress to occur. Moral progress depends at least in part on the possibility of individual people improving their moral cognition to eliminate the pernicious influence of various epistemically defective biases and other distorting factors. Since the degree of control people can (...) exert over their moral cognition tends to be significantly overestimated, the prospects of moral progress face a formidable problem, the force of which has thus far been underappreciated. In the paper, we will provide both conceptual and empirical arguments for this thesis, and explain its most important implications. (shrink)

Epistemic burdens – the nature and extent of our ignorance (that and how) with respect to various courses of action – serve to determine our incentive structures. Courses of action that seem to bear impossibly heavy epistemic burdens are typically not counted as options in an actor’s menu, while courses of action that seem to bear comparatively heavy epistemic burdens are systematically discounted in an actor’s menu relative to options that appear less epistemically burdensome. That ignorance serves (...) to determine what counts as an option means that epistemic considerations are logically prior to moral, prudential, and economic considerations: in order to have moral, prudential, or economic obligations, one must have options, and epistemic burdens serve to determine our options. One cannot have obligations without doing some epistemic work. We defend this claim on introspective grounds. We also consider how epistemic burdens distort surrogate decision-making. The unique epistemology of surrogate cases makes the priority of the epistemic readily apparent. We then argue that anyone who accepts a principle similar to ought implies can is committed to the logical priority of the epistemic. We also consider and reject several possible counterarguments. -/- . (shrink)

People often judge it unacceptable to directly harm a person, even when this is necessary to produce an overall positive outcome, such as saving five other lives. We demonstrate that similar judgments arise when people consider damage to owned objects. In two experiments, participants considered dilemmas where saving five inanimate objects required destroying one. Participants judged this unacceptable when it required violating another’s ownership rights, but not otherwise. They also judged that sacrificing another’s object was less acceptable as a means (...) than as a side-effect; judgments did not depend on whether property damage involved personal force. These findings inform theories of moral decision-making. They show that utilitarian judgment can be decreased without physical harm to persons, and without personal force. The findings also show that the distinction between means and side-effects influences the acceptability of damaging objects, and that ownership impacts utilitarian moral judgment. (shrink)

In this article, I discuss whether intuitive moral judgements have epistemic value. Are they mere expressions of irrational feelings that should be disregarded or should they be taken seriously? In section 2, I discuss the view of some social psychologists that moral intuitions are, like other social intuitions, under certain conditions more reliable than conscious deliberative judgements. In sections 3 and 4, I examine whether intuitive moral judgements can be said not to need inferential justification. I (...) outline a concept of moral intuition as a seeming whose seemingness resides in special, phenomenological features such as a felt veridicality, appropriateness, familiarity, or confidence, and whose justificatory force is influenced by the reliability of the belief-producing procedures and by a subject's competence in applying moral concepts. I argue that subjects can come to realise that the beliefs expressed in their intuitive judgements evoke a sense of non-inferential credibility. In section 5, I first discuss the contribution of moral expertise to the non-inferential credibility of a person's intuitions. Subsequently, I discuss whether Walter Sinnott-Armstrong is right in saying that we can never claim non-inferential justification for our intuitions because they are subject to all kinds of distorting influences. (shrink)

The Trolley Problem arises from a set of moral dilemmas, most of which involve tradeoffs between causing one death and preventing several more deaths. The normative and descriptive Trolley Problems are closely related. The normative Trolley Problem begins with the assumption that authors' natural responses to these cases are generally, if not uniformly, correct. Thus, any attempt to solve the normative Trolley Problem begins with an attempt to solve the descriptive problem, to identify the features (...) of actions that elicit their moral approval or disapproval. The chapter explains an empirical research paper to provide an approximate descriptive solution to the Trolley Problem. More specifically, this research highlights the influence of two factors that exert a powerful influence when both are present. From a normative perspective, the personal force factor is notable because it is not one that the authors ordinarily regard as morally relevant. (shrink)

Beliefs based on pernicious ideology are widespread, and they often have harmful consequences. Attempts to solve the problems these beliefs cause could benefit from epistemological work on them, so it is heartening to see more epistemologists turning to study ideological beliefs. In this paper, I discuss one recent approach, radical epistemology, which has two aims: (1) offering structural explanations of epistemic justification and (2) putting these explanations to work in opposing ideology. While I share radical epistemologists’ opposition to pernicious (...) ideology, I argue that their position is untenable because it gives rise to a vicious circularity. Its core commitment maintains that theorists’ choice between competing epistemological theories should be guided by their moral and political commitments. These commitments themselves, however, are susceptible to reasonable disagreement and thus stand in need of defense. To defend them, radical epistemologists must employ the very theories those commitments are supposed to undergird. I call this _the problem of theory choice_ and conclude that radical epistemologists cannot solve it. But we shouldn’t despair: the time-honored tools of _non_-radical epistemology offer all we need to successfully theorize about and combat bad ideology. (shrink)

"A runaway trolley is speeding down a track" So begins what is perhaps the most fecund thought experiment of the past several decades since its invention by Philippa Foot. Since then, moral philosophers have applied the "trolley problem" as a thought experiment to study many different ethical conflicts - and chief among them is the programming of autonomous vehicles. Nowadays, however, very few philosophers accept that the trolley problem is a perfect analogy for driverless cars or (...) that the situations autonomous vehicles face will resemble the forced choice of the unlucky bystander in the original thought experiment. This book represents a substantial and purposeful effort to move the academic discussion beyond the trolley problem to the broader ethical, legal, and social implications that autonomous vehicles present. There are still urgent questions waiting to be addressed, for example: how AVs might interact with human drivers in mixed or "hybrid" traffic environments; how AVs might reshape our urban landscapes; what unique security or privacy concerns are raised by AVs as connected devices in the "Internet of Things"; how the benefits and burdens of this new technology, including mobility, traffic congestion, and pollution, will be distributed throughout society; and more. An attempt to map the landscape of these next-generation questions and to suggest preliminary answers, this volume draws on the disciplines of philosophy, sociology, economics, urban planning and transportation engineering, business ethics and more, and represents a global range of perspectives. (shrink)

Numerous authors indicate that the influence of academic education extends beyond the growth of specialized knowledge gained by the graduates. Scholars are trying to identify and examine the potential impact of higher learning on students’ attitudes and choices. One of the dimensions considered by the researchers is the effect of university training on students’ moral choices. Our paper attempts to identify differences between the students’ declared moral choices and their majors (fields of studies). Working with a sample of (...) university students of Economics and Sociology (N = 181), and using three variants of the Trolley Problem, the subjects’ responses are used to identify the similarities and differences between their choices. The participants were asked to respond to three hypothetical situations regarding a runaway trolley. Their decision in the first scenario could save a person’s life or let her be run over by the trolley. In the second scenario, their decision could either let one person die and save five lives or save one life and let five people be killed. These two scenarios required pulling a lever to switch the trolley from one track to another. The third scenario requires pushing an obese person in front of the runaway trolley to stop it from killing five persons. As expected, we found a significant difference between the two groups (the economists and the sociologists) in the case of our third scenario, however, we found no evidence supporting the indoctrination hypothesis. We conclude that the existing differences between the choices made by the future economists and sociologists may support the preselection hypothesis. (shrink)

Realities of the formed information society made actual for inclusive education a problem of formation of professionals of the new directions capable to apply information technologies to improvement of interaction between participants of process of distance learning. Until recent time the institute of distance learning had no analogs in our educational system. It has to become one of the most important elements of the organization of remote education. Inclusive education becomes the new strategic direction of modern education in Russia, its (...) program of development to 2020 is designated by the Federal law ‘About the education in the Russian Federation‘ which has come into force on September 1, 2013. Ideas of inclusive training were born from a pressing need of society to help children to be integrated with features of development into society. Without it a creation of a new civilized society, the education system that meets the requirements of the humanistic principles is not possible. In this connection, creation of a substantial and technological basis of the organization of inclusive education of children in the mode of distance learning is an extremely important for today social, moral and pedagogical problem. In its center are the development of the subject, granting equal opportunities to each pupil to build the individual educational trajectory, culturological cultivation of the person capable to take an independent position in relation to external conditions. Distance learning serves as strong and active technology of socialization of such children. However, in the theory and a technique of training, the problem of distance learning of children with disabilities is insufficiently solved that is caused by unavailability of most of teachers to apply these technologies. There is a contradiction between objective practical need of distance learning for children with disabilities and insufficient readiness of a theoretical and technological basis. This is a main problem discussed in the study. In theoretical plan, it is a problem of development of the practical-focused theoretical and technological basis of distance learning of children with disabilities. On the practical level, it is a problem of formation of the subject information and education environment, designing of the contents, definition of methods, pedagogical technologies, the conditions of formation promoting achievement of the planned educational results and development of cognitive independent activity without prejudice to health of children on the basis of the accounting of their individual abilities. Technological effectiveness of the purposes is provided with prediction of educational results, their expression through requirements to actions of pupils. Recent time, children only start studying and mastering remote technologies therefore, first of all, they have to seize rational ways of educational activity and learn to work with information, i.e. priority value has to be allocated for formation of informative and logical and informative and information universal educational actions. (shrink)

There is a long-standing debate in philosophy about whether it is morally permissible to harm one person in order to prevent a greater harm to others and, if not, what is the moral principle underlying the prohibition. Hypothetical moral dilemmas are used in order to probe moral intuitions. Philosophers use them to achieve a reflective equilibrium between intuitions and principles, psychologists to investigate moral decision-making processes. In the dilemmas, the harms that are traded off are almost (...) always deaths. However, the moral principles and psychological processes are supposed to be broader than this, encompassing harms other than death. Further, if the standard pattern of intuitions is preserved in the domain of economic harm, then that would open up the possibility of studying behavior in trolley problems using the tools of experimental economics. We report the results of two studies designed to test whether the standard patterns of intuitions are preserved when the domain and severity of harm are varied. Our findings show that the difference in moral intuitions between bystander and footbridge scenarios is replicated across different domains and levels of physical and non-physical harm, including economic harms. (shrink)

본 논문에서는 도덕적 딜레마 사례로 Philippa Foot과 Judith Thomson이 제시했던 트롤리문제(the trolley problem)의 철학적 쟁점들을 검토한다. 트롤리사례(trolley case)란 ‘소수를 희생하여 다수를 구해야만 하는지’와 관련된 딜레마이다. I절에서는 Foot과 Thomson이 제기한 트롤리사례들의 특성과 초기 해결책들을 기술한다. 이어서 도덕판단의 근저에서 작용하고 있다고 여겨지는 세 가지 근거에 대해서 논의한다. ‘이중결과론에서의 의도와 단순한 예견’, ‘함과 둠의 원칙에서의 함과 둠’, ‘행위의 결과에 관한 객관적 사실’이 그것이다. 이 세 가지 근거가 트롤리문제의 해결에서 어떻게 작용하는 지에 대해서 논의한다. II절에서는 트롤리문제를 해결하려는 두 윤리적 입장으로, 자아긍정과 자아부정의 (...) 입장을 검토한다. 이를 위해서 트롤리문제와 관련해서 최근에 개진된 Thomson의 전향적 입장(2008)을 자세히 논의한다. (shrink)

Trolley problems have been used in the development of moral theory and the psychological study of moral judgments and behavior. Most of this research has focused on people from the West, with implicit assumptions that moral intuitions should generalize and that moral psychology is universal. However, cultural differences may be associated with differences in moral judgments and behavior. We operationalized a trolley problem in the laboratory, with economic incentives and real-life consequences, and compared (...) British and Chinese samples on moral behavior and judgment. We found that Chinese participants were less willing to sacrifice one person to save five others, and less likely to consider such an action to be right. In a second study using three scenarios, including the standard scenario where lives are threatened by an on-coming train, fewer Chinese than British participants were willing to take action and sacrifice one to save five, and this cultural difference was more pronounced when the consequences were less severe than death. (shrink)

:This essay considers complications introduced by the Trolley Problem to the discussion of whether and when harming some for the sake of helping others would be unjustified. It first examines Guido Pincione’s arguments for the conclusion that the permissibility of a bystander turning a runaway trolley from killing five people toward killing one other person instead may undermine one moral argument for political libertarianism and against redistributive taxation, namely that we may not harm some people in order (...) to help others to a greater degree. It then considers both the bearing on Pincione’s argument of recent objections to the permissibility of turning the trolley, as well as the soundness of the objections. Finally, the essay considers the relevance of trolley cases for developing a theory of aggression, insofar as aggression is the unjustified use of force that is either foreseen or intended. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.THE TROLLEY PROBLEM AND AGGRESSIONVolume 32, Issue 2F. M. Kamm DOI: https://doi.org/10.1017/S026505251600008XYour Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. THE TROLLEY PROBLEM AND AGGRESSIONVolume 32, Issue 2F. M. Kamm DOI: https://doi.org/10.1017/S026505251600008XAvailable formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. THE TROLLEY PROBLEM AND AGGRESSIONVolume 32, Issue 2F. M. Kamm DOI: https://doi.org/10.1017/S026505251600008XAvailable formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Joshua Greene has argued that the empirical findings of cognitive science have implications for ethics. In particular, he has argued (1) that people’s deontological judgments in response to trolley problems are strongly influenced by at least one morally irrelevant factor, personal force, and are therefore at least somewhat unreliable, and (2) that we ought to trust our consequentialist judgments more than our deontological judgments when making decisions about unfamiliar moral problems. While many cognitive scientists have rejected (...) Greene’s dual-process theory of moral judgment on empirical grounds, philosophers have mostly taken issue with his normative assertions. For the most part, these two discussions have occurred separately. The current analysis aims to remedy this situation by philosophically analyzing the implications of moral dilemma research using the CNI model of moral decision-making – a formalized, mathematical model that decomposes three distinct aspects of moral-dilemma judgments. In particular, we show how research guided by the CNI model reveals significant conceptual, empirical, and theoretical problems with Greene’s dual-process theory, thereby questioning the foundations of his normative conclusions. (shrink)

A survey of Kant's philosophical writings reveals an ongoing concern with the problem of moral motivation. The problem is expressed thusly: How can a judgment of the understanding provide a motive sufficient to move the will to an action? ;Kant provides one line of argument in his formal writings on moral theory. The feeling of respect that follows from the recognition of the nobility of the universal moral law provides the motivation or incentive. Through this feeling we (...) are aware that we are beings that belong to an intelligible world that is independent of the mechanism of the sensible world. We are made aware of a higher, supersensible vocation and thus the sublimity of our own nature. ;There is another line of argument, however. A survey of Kant's philosophical writings also reveals a connection between the moral and the aesthetic. In the second Critique duty is called sublime; in his lectures on Ethics from the mid-1760's the feeling that results from free moral action is described as beautiful or sublime. In the Observations on the Feeling of the Beautiful and the Sublime the sublime is described as a "finer" feeling that moves us as we see the dignity of our own nature displayed in presentations of virtue. In the Critique of Judgment the feeling of the sublime is an experience that makes us aware of our supersensible vocation. Awareness of our supersensible nature through the feeling of pleasure and displeasure provides additional moral motivation and supports the incentive provided by the cognitive faculty's formulation of the moral law. ;A survey of Kant's philosophical writings and especially the unpublished lectures on Ethics, Logic and Metaphysics reveals a continuity in Kant's thought in terms of the relation between the moral and the aesthetic and in terms of concern with the problem of moral motivation. The third Critique was intended as the "keystone of the critical arch," but Kant apparently was not satisfied. The Opus postumum reveals the unity Kant was seeking: the supersensible and the sensible are united in the human person through the feeling of pleasure and displeasure. (shrink)

As we have seen in the transition form Part I to Part II of this book, the inductive riskiness of doxastic methods applied in testimonial uptake or prescribed as exemplary of religious faith, helpfully operationalizes the broader social scientific, philosophical, moral, and theological interest that people may have with problems of religious luck. Accordingly, we will now speak less about luck, but more about the manner in which highly risky cognitive strategies are correlated with psychological studies of bias studies (...) and human cognitive ecology. Chapter Four is concerned with connections between psychological study of biases and heuristics, and the comparative study of fundamentalism. The first section looks at work by psychologists and philosophers on our bias blind spot. Later sections ask, ‘In what ways might biases and heuristics play a special role in aiding our understanding of, and response to, fundamentalist orientation?’. The judgments we make in ignorance of our own biases Montaigne calls our importunate presumptions, and he suggests a host of practical factors that make them appealing. Montaigne, as I discuss in the first section, associates many of our errors with one or another kind of presumption, often about our similarity or differences from others, or from God. Our obvious psychographic diversity, and the polemical ground dynamics involved in our ‘culture wars’ are compounded on the agential side by the invisibility of our biases to ourselves. A number of person and social biases are described that plausibly affect all of our beliefs in domains of controversial views, religious views included. The second section continues to study of how etiological symmetry (similar patterns of belief-uptake) gives rise to religious contrariety (diverse narratives and theologies) in testimonial faith traditions, and what the implications of this are for philosophy of religion, generally, and for an improved comparative study of fundamentalism, in particular. Utilizing the work of philosophers such as Rachel Fraser and psychologists such as Emily Pronin and her co-authors, I offer a four-step genealogical account for how etiological symmetry so easily gives rise to religious contrariety. This account begins with the narrative nature of testimony in the Abrahamic family of religions, and how narrative content confounds our “source monitoring.” My genealogy also introduces what I term biased-closure inferences (BCI) as one of the key enablers of religious exclusivism and absolutism. These are the seemingly ‘logical’ but actually very self-serving inferences people often make, inferences from their own belief being true, to any belief contrary to it being false. Those who claim unique truth, epistemic access, and/or virtue and religious value for the home religion are no exception to the broad pertinence of bias studies across domains of controversial view. The proximate causes of belief are all that we can study, and in these there may be significant etiological symmetries. Yet those groups themselves, especially to the extent that they are exclusivist, are tunnel-visioned on claims of doctrinal uniqueness: on content differences of a theological sort. Comparative philosophy is met with the puzzlement that symmetric or essentially similar doxastic strategies should give rise not just to cognitive diversity, but to what we can call polarized or polemical contrariety, contrariety of a kind where each view adamantly rejects all others. Arguably, the more that theologies offer explanations of a counter-inductive sort, or profess counter-inductive thinking as exemplary of faith, the better evidential ground there for inferring that bias involved in the acquisition or maintenance of beliefs. This provides more substance to the question of when censure, and etiological challenges to faith-based beliefs are philosophically well-motivated. (shrink)

The fast development of synthetic media, commonly known as deepfakes, has cast new light on an old problem, namely—to what extent do people have a moral claim to their likeness, including personally distinguishing features such as their voice or face? That people have at least some such claim seems uncontroversial. In fact, several jurisdictions already combat deepfakes by appealing to a “right to identity.” Yet, an individual’s disapproval of appearing in a piece of synthetic media is sensible only insofar (...) as the replication is successful. There has to be some form of identity between the content and the natural person. The question, therefore, is how this identity can be established. How can we know whether the face or voice featured in a piece of synthetic content belongs to a person who makes claim to it? On a trivial level, this may seem an easy task—the person in the video is A insofar as he or she is recognised as being A. Providing more rigorous criteria, however, poses a serious challenge. In this paper, I draw on Turing’s imitation game, and Floridi’s method of levels of abstraction, to propose a heuristic to this end. I call it the identification game. Using this heuristic, I show that identity cannot be established independently of the purpose of the inquiry. More specifically, I argue that whether a person has a moral claim to content that allegedly uses their identity depends on the type of harm under consideration. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Self-Originating Source of Valid Moral Claims or Witness to Moral Truth?Contemporary Revisionist Accounts of Conscience—An Exploration and Response*Thomas Berg"It will not do to identify man's conscience with the self-consciousness of the I, with its subjective certainty about itself and its moral behavior."—Joseph Ratzinger1In his seminal essay "The Procedural Republic and the Unencumbered Self," Michael Sandel observed that the dominant political philosophy that had been implicit in (...) the practices and institutions of the America of his day (he wrote in 1984) presupposed a certain conception of the human person—the unencumbered self. Wrote Sandel:This is … a self understood as prior to and independent of purposes and ends. … For the unencumbered self, what matters above all, what is most essential to our personhood, are not the ends we choose but our capacity to choose them. … The unencumbered self and the ethic it inspires, taken together, hold out a liberating vision. Freed from the [End Page 1319] dictates of nature and the sanction of social roles, the human subject is installed as sovereign, cast as the author of the only moral meanings there are.2This was at the time a most apt description of the modern liberal self. Alasdair MacIntyre captured its essence in similar terms describing the emotivist self, capable of passing moral judgment "from a purely universal and abstract point of view that is totally detached from all social particularity. Anyone and everyone can thus be a moral agent, since it is in the self and not in social roles or practices that moral agency has to be located."3 And the moral claims of these autonomous selves are, in principle, to be held as valid simply because, as John Rawls once put it, they emerge from individuals who understand themselves, and who we take to be "self-originating sources of valid claims."4 It is such a conception of the self—unencumbered, emotivist, self-originating and self-validating source of moral claims—which animates the contemporary zeitgeist.It also captures and articulates the underlying anthropological conception of the self which animates much of contemporary Catholic moral theology. Just such a conception is the root and heart of tensions in contemporary moral theology over what constitutes an adequate understanding of moral conscience appropriate for our times. In the twentieth century, these tensions were experienced first as a much-needed corrective to manualist theology and its excessive emphasis on conscience. Today, however, as Matthew Levering has masterfully retraced, any number of "revisionist" moral theologians—as the present essay will examine—have only strained the existing [End Page 1320] tensions with their own brand of conscience-centered moral theology.5 Writes Levering:Twentieth-century Catholic moral theology was marked throughout by an "abuse of conscience." It gave too expansive a place to conscience in the Christian moral life. By the 1950s, Catholic moral theology was poised to overcome this problem, only to fall even more fully into a new version of conscience-centered moral theology after the Second Vatican Council.6And this largely explains why Catholic moral theology today is in a crisis—what we can call very meaningfully a crisis of conscience. Or to put it more precisely, the institution finds itself today at a tipping point in that crisis.What particularly forces the tipping point is the prominence that has been accorded during the pontificate of Pope Francis to post-conciliar conscience-centered moral theology. It was Cardinal Pietro Parolin, among others, who heralded Pope Francis's 2016 post-synodal apostolic exhortation Amoris Laetitia (AL) as embodying a "new paradigm," an expression commonly employed among the latest generation of revisionist moral theologians.7 To be sure, there are many elements of this paradigm, if we are to call it that, as reflected in AL and more broadly in the magisterium of Pope Francis which are most welcome: the priority of pastoral charity and accompaniment, and the call for "a revolution of tenderness."8 Yet AL [End Page 1321] firmly embraces and authoritatively asserts a conception of the moral life in which conscience plays a primary, if not indeed the decisive, role. Cardinal Robert McElroy states this vision succinctly... (shrink)

A traditional idea is that moral judgment involves more than calculating the consequences of actions; it also requires an assessment of the agent's intentions, the act's nature, and whether the agent uses another person as a means to her ends. I survey experimental developments suggesting that ordinary people often tacitly reason in terms of such deontological rules. It's now unclear whether we should posit a traditional form of the doctrine of double effect. However, further research suggests that a range (...) of non-consequentialist factors influence moral judgment, including intentions, commissions, personal harm, and agent-centered commitments. Many, if not all, such factors appear to affect how involved the agent is in bringing about an outcome. (shrink)

Although a distinction between moral-personal and moral-impersonal dilemmas (Greene, Sommerville, Nystrom, Darley, & Cohen, 2001 Greene, J. D., Sommerville, R. B., Nystrom, L. E., Darley, J. M. and Cohen, J. D. 2001. An fMRI investigation of emotional engagement in moral judgement. Science, 293: 2105–2108. doi:10.1126/science.1062872.[Crossref], [PubMed], [Web of Science ®], [Google Scholar]) has been widely accepted as an explanation for a difference between the trolley and footbridge dilemmas (Thomson, 1985 Thomson, J. J. 1985. “The (...) class='Hi'>trolley problem”. In Ethics: Problems and principles, Edited by: Fischer, J. M. and Ravizza, M. Fort Worth, TX: Harcourt Brace Jovanovich. [Google Scholar]), its psychometric properties remain a mystery. In this study 219 participants completed 62 moral dilemma tasks used in Greene et al. (2001 Greene, J. D., Sommerville, R. B., Nystrom, L. E., Darley, J. M. and Cohen, J. D. 2001. An fMRI investigation of emotional engagement in moral judgement. Science, 293: 2105–2108. doi:10.1126/science.1062872.[Crossref], [PubMed], [Web of Science ®], [Google Scholar]), and the correlation structure among the dilemmas was analysed through factor analysis and structural equation modelling. Findings suggest that, first, moral-personal dilemmas are composed of one factor, indicating that the assumption in Greene et al. (2001 Greene, J. D., Sommerville, R. B., Nystrom, L. E., Darley, J. M. and Cohen, J. D. 2001. An fMRI investigation of emotional engagement in moral judgement. Science, 293: 2105–2108. doi:10.1126/science.1062872.[Crossref], [PubMed], [Web of Science ®], [Google Scholar]) was supported. Second, moral-impersonal dilemmas are explained by two factors that reflect procedural and consequential aspects of decision making. Third, the trolley and footbridge dilemmas fall under the same factor category; therefore the difference between the two dilemmas cannot be attributed to emotional involvement. Additionally, the results of the structural equation modelling suggest that they differ in the engagement of rational processing. (shrink)

A defense of Kant’s moral philosophy. The author seeks to counteract those interpretations of Kant that restrict their focus to the Groundwork of the Metaphysics of Morals. He argues that one must look at the whole of Kant’s writings, the earlier and later ethical writings as well as the theoretical works. This makes it possible for him to challenge the popular misconceptions of Kant’s teaching: the overemphasis on the correct motive of an action, the mistaken impression that consequences are (...) of no consequence when evaluating the moral worth of an act, and the overattention paid to logical contradiction as the test of a maxim’s morality. The Groundwork is not simply a conclusion of Kant’s early reflections on morality, but it also represents a new departure whose full significance is not seen until the later works. With the Groundwork Kant realizes that morality cannot be established on the grounds set out by the Critique of Pure Reason but requires an independent foundation. His new concept of practical necessity represents a revolution in morality. It is a mistake, then, to read the practical philosophy solely in the light of the theoretical critique. Though founded on a blind "fact of reason," Kant’s teaching is yet not abstract, overly formalistic, or rigoristic. "One must go through all the different formulas [of the categorical imperative] to understand the concept of moral judgment". Rossvaer’s rethinking brings him to stress that "the categorical imperative has no validity beyond being the form of... sensuous striving". This contention that the intellectual and sensuous faculties are not to be radically divorced leads to the ultimate intent of Rossvaer’s work. He argues that the categorical imperative is a principle of execution and only assumes its fullest form in a social philosophy. Consideration of Kant’s notion of the highest good, especially as it is developed in the later works on religion and history, allows Rossvaer to argue for the social and historical relevance of Kant’s teaching. "Since the highest good cannot be justified within an individualistic perspective, but only within a philosophy which takes up society as a problem, morality is meaningless from a human point of view unless we consider ourselves obligated to realize a universal, ethical community". With this, the kingdom of ends is transformed into an historical idealism, practical philosophy becomes a theory of action, and Kant turns out to be not so different from his detractors, Fichte, Hegel, Marx, Habermas, and others. Yet the historicization of the moral agent is yet not complete in Kant. The moral agent retains his critical standpoint, that is the distinction between rationality and the social system. Yet one is brought to ask how this critical distance can be maintained. To what extent does Kant’s overstepping the bounds of theoretical reason also entail the loss of that critical validity won by the first Critique? And, if one is forced in the end to justify one’s practical philosophy only by a social philosophy which does not find its foundation in a theoretical critique, then is the original fear of the first Critique confirmed, that morality may be meaningless after all? (shrink)

Moral relativism comes in many varieties. One is a moral doctrine, according to which we ought to respect other cultures, and allow them to solve moral problems as they see fit. I will say nothing about this kind of moral relativism in the present context. Another kind of moral relativism is semantic moral relativism, according to which, when we pass moral judgements, we make an implicit reference to some system of morality (our own). (...) According to this kind of moral relativism, when I say that a certain action is right, my statement is elliptic. What I am really saying is that, according to the system of morality in my culture, this action is right. I will reject this kind of relativism. According to yet another kind of moral relativism, which we may call epistemic, it is possible that, when one person (belonging to one culture) makes a certain moral judgement, such as that this action is right, and another person (belong to another culture) makes the judgement that the very same action is wrong, they may have just as good reasons for their respective judgements; it is even possible that, were they fully informed about all the facts, equally imaginative, and so forth, they would still hold on to their respective (conflicting) judgements. They are each fully justified in their belief in conflicting judgements. I will comment on this form of moral relativism in passing. Finally, however, there is a kind of moral relativism we could call ontological, according to which, when two persons pass conflicting moral verdicts on a certain action, they may both be right. The explanation is that they make their judgements from the perspective of different, socially constructed, moral universes. So while it is true in the first person's moral universe that a certain action is right, it is true in the second person's moral universe that the very same action is wrong. I explain and defend this version of ontological moral relativism. (shrink)

In some cases people judge it morally acceptable to sacrifice one person’s life in order to save several other lives, while in other similar cases they make the opposite judgment. Researchers have identified two general factors that may explain this phenomenon at the stimulus level: (1) the agent’s intention (i.e. whether the harmful event is intended as a means or merely foreseen as a side-effect) and (2) whether the agent harms the victim in a manner that is relatively “direct” or (...) “personal”. Here we integrate these two classes of findings. Two experiments examine a novel personalness/directness factor that we call personal force, present when the force that directly impacts the victim is generated by the agent’s muscles (e.g., in pushing). Experiments 1a and b demonstrate the influence of personal force on moral judgment, distinguishing it from physical contact and spatial proximity. Experiments 2a and b demonstrate an interaction between personal force and intention, whereby the effect of personal force depends entirely on intention. These studies also introduce a method for controlling for people’s real-world expectations in decisions involving potentially unrealistic hypothetical dilemmas. (shrink)

In this paper I argue that the trolley method of moral philosophy has three shortcomings not yet adequately addressed in the literature. First, trolley problems highlight high stakes ethical decisions. These decisions do not represent the majority of ethical decisions made by most people, and thus, the trolley method ignores most of moral life. Second, the trolley method operates by way of a faux-anonymization of moral agents. This process leads to descriptions of (...) class='Hi'>moral agents being unwittingly supplied by those to whom the problems are presented and thereby the formation of a paradigmatic moral agent which excludes a considerable number of real world moral persons. Lastly, the trolley method mischaracterizes what most moral decision-making is like by presenting a moral agent's decision as isolated, uninfluenced, and made with full self-awareness. (shrink)

Political questions are typically framed in normative terms, in terms of the political actions that we (or our political representatives) “ought” to take or, alternatively, in terms of the political philosophies that “should” inform our political actions. “Should we be liberals or socialists, or should we (somehow) combine liberalism and socialism?” -/- Such questions are typically posed and debates around such questions emerge with little, if any, prior consideration of a question that is, logically speaking, more fundamental: “What can we (...) effectively achieve through political action? What goals are within and without the scope of political action?” -/- Because we pose and argue about normative political questions without first getting the descriptive facts straight, we often embark on political projects that have little hope of success. -/- Anyone who accepts a principle like ought implies can is committed to rejecting “ought” claims that assert obligations to do things that cannot be done. Given that most, if not all, people accept some such principle, most, if not all, people are implicitly committed to rejecting the traditional – purely normative – form of political discussion. That they nevertheless engage in such discussion reveals a significant inconsistency in how many people think about and assign obligations to policymakers. -/- If the question “Liberalism and / or Socialism?” is the normative question “Should we be liberals or socialists, or should we (somehow) combine liberalism and socialism?” then it is the wrong – or, more exactly, a premature – question to ask. (shrink)

We created paired moral dilemmas with minimal contrasts in wording, a research strategy that has been advocated as a way to empirically establish principles operative in a domain‐specific moral psychology. However, the candidate “principles” we tested were not derived from work in moral philosophy, but rather from work in the areas of consumer choice and risk perception. Participants were paradoxically less likely to choose an action that sacrifices one life to save others when they were asked to (...) provide more reasons for doing so (Experiment 1), and their willingness to sacrifice lives depended not only on how many lives would be saved, but on the number of lives at risk (Experiment 2). The latter effect was also found in a within‐subjects design (Experiment 3). These findings suggest caution in the use of artificial dilemmas as a key testbed for revealing principled bases for moral judgment. (shrink)

Discussion of the “problem of numbers” in morality has focused almost exclusively on the moral significance of numbers in whom-to-rescue cases: when you can save either of two groups of people, but not both, does the number of people in each group matter morally? I suggest that insufficient attention has been paid to the moral significance of numbers in other types of case. According to common-sense morality, numbers make a difference in cases, like the famous Trolley Case, (...) where we must choose whether to kill a person (or persons) as a side effect of saving a greater number. I argue that recognition of the role of numbers in killing cases forces us to reassess purported solutions to the problem of numbers. (shrink)

Berger (forthcoming) states that moral intimacy is important in applying the best interests standard. But what he calls moral intimacy requires that someone has overcome epistemic burdens needed to represent the patient. We argue elsewhere that good surrogate decision-making is first and foremost a matter of overcoming epistemic burdens, or those obstacles that stand in the way of a surrogate decision-maker knowing what a patient wants and how to satisfy those preferences. Berger’s notion of moral (...) intimacy depends on epistemic intimacy: the fact that a surrogate's epistemic burdens with respect to the best interests of the incapacitated patient have been adequately surmounted, plus some other feature. Thus, where a particular patient-surrogate relationship fails to be morally intimate, what is lacking is either epistemic intimacy or this second feature. Furthermore, Berger uses the notion of moral intimacy as an explanans for the application of the best interests standard. We argue that the notions of epistemic intimacy and epistemic burdens not only help to explain the notion of moral intimacy, but also better explain the application of the best interests standard. Given the role of epistemic burdens and the epistemic intimacy that overcoming them enables, bioethicists and physicians should consider a surrogate’s epistemic standing relative to the patient’s best interests before pronouncing on the former’s ethical probity. (shrink)

Whom I call ‘epistemic reductionists’ in this article are critics of the notion of ‘moral luck’ that maintain that all supposed cases of moral luck are illusory; they are in fact cases of what I describe as a special form of epistemic luck, the only difference lying in what we get to know about someone, rather than in what (s)he deserves in terms of praise or blame. I argue that epistemic reductionists are mistaken. They implausibly (...) separate judgements of character from judgements concerning acts, and they assume a conception of character that is untenable both from a common sense perspective and with a view to findings from social psychology. I use especially the example of Scobie, the protagonist of Graham Greene’s novel The Heart of the Matter , to show that moral luck is real—that there are cases of moral luck that cannot be reduced to epistemic luck. The reality of moral luck, in this example at least, lies in its impact on character and personal and moral identity. (shrink)

A systematic effort to state and answer the classical problems of moral philosophy, including that of the metaphysical foundations of morals. The outline of problems and the general position argued is reminiscent of Kant's Grundlegung; like Kant, Mr. Raphael locates the essence of morality in the recognition that human personality, including the ability to choose freely, is an "evil in itself." Even more than Kant, however, he is doubtful of demonstrating the force of this conception of morality by (...) rational argument.--R. H. (shrink)

Traditional approaches to moral psychology assumed that moral judgments resulted from the application of explicit commitments, such as those embodied in consequentialist or deontological philosophies. In contrast, recent work suggests that moral judgments often result from unconscious or emotional processes, with explicit commitments generated post hoc. This paper explores the intermediate position that moral commitments mediate moral judgments, but not through their explicit and consistent application in the course of judgment. An experiment with 336 participants (...) finds that individuals vary in the extent to which their moral commitments are consequentialist or deontological, and that this variation is systematically but imperfectly related to the moral judgments elicited by trolley car problems. Consequentialist participants find action in trolley car scenarios more permissible than do deontologists, and only consequentialists moderate their judgments when scenarios that typically elicit different intuitions are presented side by side. The findings emphasize the need for a theory of moral reasoning that can accommodate both the associations and dissociations between moral commitments and moral judgments. (shrink)

Consider a contemporary retrieval of Aristotle’s account of moral perception. Drawing from EN.VI.8, Martha Nussbaum argues that we perceive moral particulars prior to ethical principles. First, I explain her priority of the particular thesis. The virtuous person perceives value in the world, as part of her moral deliberation. This perceptual skill is an important aspect of her virtuous activity, and hence also part of her eudaimonia. Second, I present her priority thesis with a dilemma: our (...) perception of moral particulars is either non-inferential or it is inferential. If Nussbaum accepts a non-inferential interpretation, then she is committed to an unsavory view about moral epistemology –one that invites intuitionism and relativism. But if she accepts a non-inferential account, then the moral particular is no longer prior to the ethical principle. I suggest that her better option is to grab the second horn. This move avoids the problems of the first horn without sacrificing her neo-Aristotelian commitments or her overarching view that the perception of moral particulars is ineliminable to moral deliberation. At the same time, this move renders her priority thesis trivial. (shrink)

Rawls's burdens of judgment are a list of factors that explain why reasonable persons in a diverse society are likely to hold different, often incompatible, conceptions of the good. According to Charles Larmore, the burdens of judgment satisfy political liberalism's ambition of supporting liberal political principles through a minimalist moral conception. By using the burdens, we ground liberal politics in the modest notion of reasonable disagreement, avoiding reliance on controversial comprehensive notions such as autonomy, individuality, skepticism about the good, (...) or value pluralism. In this paper I argue that the burdens of judgment cannot provide adequate support for liberal political principles unless they are read in a way that comports with Kymlicka's modest version of autonomy liberalism. As it renounces fallibilism, political liberalism's moral minimalism can be manipulated in a way that reconciles it with decidedly illiberal results. The only way to avoid this problem is to recognize that the justification of liberal principles cannot be detached from notions of fallibilism and critical reflection about the good. Ultimately, political liberalism's emphasis on moral minimalism deprives it of the conceptual resources it needs to deal with contemporary controversies concerning the defence and clarification of liberal policies. (shrink)

To speak of being religious lucky certainly sounds odd. But then, so does “My faith holds value in God’s plan, while yours does not.” This book argues that these two concerns — with the concept of religious luck and with asymmetric or sharply differential ascriptions of religious value — are inextricably connected. It argues that religious luck attributions can profitably be studied from a number of directions, not just theological, but also social scientific and philosophical. There is a strong tendency (...) among adherents of different faith traditions to invoke asymmetric explanations of the religious value or salvific status of the home religion vis-à-vis all others. Attributions of good/bad religious luck and exclusivist dismissal of the significance of religious disagreement are the central phenomena that the book studies. Part I lays out a taxonomy of kinds of religious luck, a taxonomy that draws upon but extends work on moral and epistemic luck. It asks: What is going on when persons, theologies, or purported revelations ascribe various kinds of religiously-relevant traits to insiders and outsiders of a faith tradition in sharply asymmetric fashion? “I am saved but you are lost”; “My religion is holy but yours is idolatrous”; “My faith tradition is true, and valued by God, but yours is false and valueless.” Part II further develops the theory introduced in Part I, pushing forward both the descriptive/explanatory and normative sides of what the author terms his inductive risk account. Firstly, the concept of inductive risk is shown to contribute to the needed field of comparative fundamentalism by suggesting new psychological markers of fundamentalist orientation. The second side of what is termed an inductive risk account is concerned with the epistemology of religious belief, but more especially with an account of the limits of reasonable religious disagreement. Problems of inductively risky modes of belief-formation problematize claims to religion-specific knowledge. But the inductive risk account does not aim to set religion apart, or to challenge the reasonableness of religious belief tout court. Rather the burden of the argument is to challenge the reasonableness of attitudes of religious exclusivism, and to demotivate the “polemical apologetics” that exclusivists practice and hope to normalize. Lexington Books Pages: 290 978-1-4985-5017-8 • Hardback • December 2018 • $95.00 • (£65.00) 978-1-4985-5018-5 • eBook • December 2018 • $90.00 • (£60.00) ISBN 978-1-4985-5018-5 (pbk: alk. paper) (coming 2020) [Download the 30% personal use Discount Order Form I uploaded for hardcover or e-book, and please ask your library to purchase a copy for their collection.]. (shrink)

How should we conceive of policymakers for the purposes of political analysis? In particular, if we wish to explain and predict political decisions and their consequences, if we wish to ensure that political action is as effective as it can be, how should we think of policymakers? Should we think of them as they are commonly conceived in traditional political analysis, i.e., as uniquely knowledgeable and as either altruistic (i.e., as motivated to realize goals associated with their constituents’ interests) or (...) knavish (i.e., as motivated to realize goals associated with their own personal interests), or should we treat them as possibly ignorant with respect to their political tasks? -/- It is always an open question whether policymakers possess the knowledge required to realize some policy objective. It should never be assumed a priori that policymaker knowledge is adequate to the policy tasks with which policymakers are charged. Politicians need knowledge concerning the causes of social phenomena adequate to control events sufficiently well to ensure the success of their policies. No argument has ever been offered for the standard, if only implicit, assumption that policymakers, somehow automatically, possess this knowledge. In many contexts, there is no reason to believe that policymakers possess or can acquire this knowledge. Indeed, a bit of reflection reveals how unlikely it is that and how rare the circumstances must be in which policymakers meet this condition, which political philosophers, theorists, economists, and other political thinkers have traditionally assumed as a matter of course. -/- The main purpose of the book is to encourage a conversation among scholars and students of political inquiry (in philosophy and political theory, political science, economics and political economy) concerning the best way to conceive of policymakers for the purposes of such inquiry. -/- The book defends an alternative, more realistic, method of political analysis. The book argues against the false assumption that policymakers are epistemically privileged. The book presents and defends the alternative assumption that, with respect to the knowledge required to discharge their political tasks effectively, policymakers are at least as ignorant as constituents. -/- The book further argues that whether policymakers are altruistic or knavish is, in the first instance, a function of the nature and extent of their ignorance with regard to constituent-minded policy goals. Policymakers who possess the knowledge required to be effectively altruistic are more likely to be altruistic, other things the same, than policymakers who are ignorant of the knowledge that successful altruism requires. -/- This being said, my goal is more to leave readers thinking about and inclined to debate these profound issues than to prescribe a particular methodological conclusion (even less to advocate a particular political conclusion). The book is a heuristic for spurring further conversation. It makes of readers fellow interlocutors partnered with the characters (and the author!) of the dialogue. -/- The vehicle for this analysis is a conversation between four friends, philosophy graduate students, with different interests, different levels and kinds of experience, and different political preferences. The four friends consider how politicians should be conceived for the purposes of analyzing political decision-making and its consequences. -/- In his famous Dialogues concerning Natural Religion, David Hume concluded that the assumption of an all-knowing and all-powerful God was neither necessary nor sufficient to explain natural phenomena. Dialogues concerning Natural Politics does for social science what Hume did for natural science. Both books undermine the assumption that some epistemically privileged being – God in the case of natural phenomena and God-like politicians in the case of social phenomena – must be invoked to explain relevant phenomena. (shrink)

We chart how neuroscience and philosophy have together advanced our understanding of moral judgment with implications for when it goes well or poorly. The field initially focused on brain areas associated with reason versus emotion in the moral evaluations of sacrificial dilemmas. But new threads of research have studied a wider range of moral evaluations and how they relate to models of brain development and learning. By weaving these threads together, we are developing a better understanding of (...) the neurobiology of moral judgment in adulthood and to some extent in childhood and adolescence. Combined with rigorous evidence from psychology and careful philosophical analysis, neuroscientific evidence can even help shed light on the extent of moral knowledge and on ways to promote healthy moral development. (shrink)

continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has followed, (...) has been a defense against horror and madness. Kant's prohibition on speculative metaphysics such as dogmatic metaphysics and transcendental realism, on thinking beyond the imposition of transcendental and moral constraints, has been challenged by numerous figures proceeding him. One of the more interesting critiques of Kant comes from the mad black Deleuzianism of Nick Land stating, “Kant’s critical philosophy is the most elaborate fit of panic in the history of the Earth.” And while Alain Badiou would certainly be opposed to the libidinal investments of Land's Deleuzo-Guattarian thought, he is likewise critical of Kant's normative thought-bureaucracies: Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism—always asking Quid Juris? Or ‘Haven’t you crossed the limit?’—combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [….] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism. I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it. An entire nexus of the limits of reason and philosophy are set up here, namely that the critical philosophy not only defends thought from madness, philosophy from madness, and philosophy from itself, but that philosophy following the advent of the critical enterprise philosophy becomes auto-vampiric; feeding on itself to support the academy. Following Francois Laruelle's non-philosophical indictment of philosophy, we could go one step further and say that philosophy operates on the material of what is philosophizable and not the material of the external world. [1] Beyond this, the Kantian scheme of nestling human thinking between our limited empirical powers and transcendental guarantees of categorical coherence, forms of thinking which stretch beyond either appear illegitimate, thereby liquefying both pre-critical metaphysics and the ravings of the mad in the same critical acid. In rejecting the Kantian apparatus we are left with two entities – an unsure relation of thought to reality where thought is susceptible to internal and external breakdown and a reality with an uncertain sense of stability. These two strands will be pursued, against the sane-seal of post-Kantian philosophy by engaging the work of weird fiction authors H.P. Lovecraft and Thomas Ligotti. The absolute inhumanism of the formers universe will be used to describe a Shoggothic Materialism while the dream worlds of the latter will articulate the mad speculation of a Ventriloquil Idealism. But first we must address the relation of philosophy to madness as well as philosophy to weird fiction. /1/ – Philosophy and Madness There is nothing that the madness of men invents which is not either nature made manifest or nature restored. Michel Foucault. Madness and Civilization. The moment I doubt whether an event that I recall actually took place, I bring the suspicion of madness upon myself: unless I am uncertain as to whether it was not a mere dream. Arthur Schopenhauer. The World as Will and Idea, Vol. 3. Madness is commonly thought of as moving through several well known cultural-historical shifts from madness as a demonic or otherwise theological force, to rationalization, to medicalization psychiatric and otherwise. Foucault's Madness and Civilization is well known for orientating madness as a form of exclusionary social control which operated by demarcating madness from reason. Yet Foucault points to the possibility of madness as the necessity of nature at least prior to the crushing weight of the church. Kant’s philosophy as a response to madness is grounded by his humanizing of madness itself. As Adrian Johnston points out in the early pages of Time Driven pre-Kantian madness meant humans were seized by demonic or angelic forces whereas Kantian madness became one of being too human. Madness becomes internalized, the external demonic forces become flaws of the individual mind. Foucault argues that, while madness is de-demonized it is also dehumanized during the Renaissance, as madmen become creatures neither diabolic nor totally human reduced to the zero degree of humanity. It is immediately clear why for Kant, speculative metaphysics must be curbed – with the problem of internal madness and without the external safeguards of transcendental conditions, there is nothing to formally separate the speculative capacities for metaphysical diagnosis from the mad ramblings of the insane mind – both equally fall outside the realm of practicality and quotidian experience. David-Menard's work is particularly useful in diagnosing the relation of thought and madness in Kant's texts. David-Menard argues that in Kant's relatively unknown “An Essay on the Maladies of the Mind” as well as his later discussion of the Seer of Swedenborg, that Kant formulates madness primarily in terms of sensory upheaval or other hallucinatory theaters. She writes: “madness is an organization of thought. It is made possible by the ambiguity of the normal relation between the imaginary and the perceived, whether this pertains to the order of sensation or to the relations between our ideas” Kant's fascination with the Seer forces Kant between the pincers of “aesthetic reconciliation” – namely melancholic withdrawal – and “a philosophical invention” – namely the critical project. Deleuze and Guattari's schizoanalysis is a combination and reversal of Kant's split, where an aesthetic over engagement with the world entails prolific conceptual invention. Their embrace of madness, however, is of course itself conceptual despite all their rhizomatic maneuvers. Though they move with the energy of madness, Deleuze and Guattari save the capacity of thought from the fangs of insanity by imbuing materiality itself with the capacity for thought. Or, as Ray Brassier puts it, “Deleuze insists, it is necessary to absolutize the immanence of this world in such a way as to dissolve the transcendent disjunction between things as we know them and as they are in themselves”. That is, whereas Kant relied on the faculty of judgment to divide representation from objectivity Deleuze attempts to flatten the whole economy beneath the juggernaut of ontological univocity. Speculation, as a particularly useful form of madness, might fall close to Deleuze and Guattari’s shaping of philosophy into a concept producing machine but is different in that it is potentially self destructive – less reliant on the stability of its own concepts and more adherent to exposing a particular horrifying swath of reality. Speculative madness is always a potential disaster in that it acknowledges little more than its own speculative power with the hope that the gibbering of at least a handful of hysterical brains will be useful. Pre-critical metaphysics amounts to madness, though this may be because the world itself is mad while new attempts at speculative metaphysics, at post-Kantian pre-critical metaphysics, are well aware of our own madness. Without the sobriety of the principle of sufficient reason we have a world of neon madness: “we would have to conceive what our life would be if all the movements of the earth, all the noises of the earth, all the smells, the tastes, all the light – of the earth and elsewhere, came to us in a moment, in an instant – like an atrocious screaming tumult of things”. Speculative thought may be participatory in the screaming tumult of the world or, worse yet, may produce its spectral double. Against theology or reason or simply commonsense, the speculative becomes heretical. Speculation, as the cognitive extension of the horrorific sublime should be met with melancholic detachment. Whereas Kant's theoretical invention, or productivity of thought, is self -sabotaging, since the advent of the critical project is a productivity of thought which then delimits the engine of thought at large either in dogmatic gestures or non-systematizable empirical wondrousness. The former is celebrated by the fiction of Thomas Ligotti whereas the latter is espoused by the tales of H.P. Lovecraft. /2/ – Weird Fiction and Philosophy. Supernatural horror, in all its eerie constructions, enables a reader to taste treats inconsistent with his personal welfare. Thomas Ligotti Songs of a Dead Dreamer. I choose weird stories because they suit my inclination best—one of my strongest and most persistent wishes being to achieve,momentarily, the illusion of some strange suspension or violation of the galling limitations of time, space, and natural law which forever imprison us and frustrate our curiosity about the infinite cosmic spaces beyond the radius of our sight and analysis H.P. Lovecraft. “Notes on Writing Weird Fiction” Lovecraft states that his creation of a story is to suspend natural law yet, at the same time, he indexes the tenuousness of such laws, suggesting the vast possibilities of the cosmic. The tension that Lovecraft sets up between his own fictions and the universe or nature is reproduced within his fictions in the common theme of the unreliable narrator; unreliable precisely because they are either mad or what they have witnessed questions the bounds of material reality. In “The Call of Cthulhu” Lovecraft writes: The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents. We live on a placid island of ignorance in the midst of black seas of infinity, and it was not meant that we should voyage far. The sciences, each straining in its own direction, have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the deadly light into the peace and safety of a new dark age. Despite Lovecraft's invocations of illusion, he is not claiming that his fantastic creations such as the Old Ones are supernatural but, following Joshi, are only ever supernormal. One can immediately see that instead of nullifying realism Lovecraft in fact opens up the real to an unbearable degree. In various letters and non-fictional statements Lovecraft espoused strictly materialist tenets, ones which he borrowed from Hugh Elliot namely the uniformity of law, the denial of teleology and the denial of non-material existence. Lovecraft seeks to explore the possibilities of such a universe by piling horror upon horror until the fragile brain which attempts to grasp it fractures. This may be why philosophy has largely ignored weird fiction – while Deleuze and Guattari mark the turn towards weird fiction and Lovecraft in particular, with the precursors to speculative realism as well as contemporary related thinkers have begun to view Lovecraft as making philosophical contributions. Lovecraft's own relation to philosophy is largely critical while celebrating Nietzsche and Schopenhauer. This relationship of Lovecraft to philosophy and philosophy to Lovecraft is coupled with Lovecraft's habit of mercilessly destroying the philosopher and the figure of the academic more generally in his work, a destruction which is both an epistemological destruction and an ontological destruction. Thomas Ligotti's weird fiction which he has designated as a kind of “confrontational escapism” might be best described in the following quote from one of his shortstories, “The human phenomenon is but the sum of densely coiled layers of illusion each of which winds itself on the supreme insanity. That there are persons of any kind when all there can be is mindless mirrors laughing and screaming as they parade about in an endless dream”. Whereas Lovecraft's weirdness draws predominantly from the abyssal depths of the uncharted universe, Ligotti's existential horror focuses on the awful proliferation of meaningless surfaces that is, the banal and every day function of representation. In an interview, Ligotti states: We don't even know what the world is like except through our sense organs, which are provably inadequate. It's no less the case with our brains. Our whole lives are motored along by forces we cannot know and perceptions that are faulty. We sometimes hear people say that they're not feeling themselves. Well, who or what do they feel like then? This is not to say that Ligotti sees nothing beneath the surface but that there is only darkness or blackness behind it, whether that surface is on the cosmological level or the personal. By addressing the implicit and explicit philosophical issues in Ligotti's work we will see that his nightmarish take on reality is a form of malevolent idealism, an idealism which is grounded in a real, albeit dark and obscure materiality. If Ligotti's horrors ultimately circle around mad perceptions which degrade the subject, it takes aim at the vast majority of the focus of continental philosophy. While Lovecraft's acidic materialism clearly assaults any romantic concept of being from the outside, Ligotti attacks consciousness from the inside: Just a little doubt slipped into the mind, a little trickle of suspicion in the bloodstream, and all those eyes of ours, one by one, open up to the world and see its horror [...] Not even the solar brilliance of a summer day will harbor you from horror. For horror eats the light and digests it into darkness. Clearly, the weird fiction of Lovecraft and Ligotti amount to a anti-anthrocentric onslaught against the ramparts of correlationist continental philosophy. /3/ – Shoggothic Materialism or the Formless Formless protoplasm able to mock and reflect all forms and organs and processes—viscous agglutinations of bubbling cells—rubbery fifteen-foot spheroids infinitely plastic and ductile—slaves of suggestion, builders of cities—more and more sullen, more and more intelligent, more and more amphibious, more and more imitative—Great God! What madness made even those blasphemous Old Ones willing to use and to carve such things? H.P. Lovecraft. “At the Mountains of Madness” On the other hand, affirming that the universe resembles nothing and is only formless amounts to saying that the universe is something like a spider or spit. Georges Bataille. “Formless”. The Shoggoths feature most prominently in H.P. Lovecraft's shortstory “At the Mountains of Madness” where they are described in the following manner: It was a terrible, indescribable thing vaster than any subway train – a shapeless congeries of protoplasmic bubbles, faintly self -luminous, and with myriads of temporary eyes forming and un-forming as pustules of greenish light all over the tunnel-filling front that bore down upon us, crushing the frantic penguins and slithering over the glistening floor that it and its kind had swept so evilly free of all litter. The term is a litmus test for materialism itself as the Shoggoth is an amorphous creature. The Shoggoths were living digging machines bio engineered by the Elder Things, and their protoplasmic bodies being formed into various tools by their hypnotic powers. The Shoggoths eventually became self aware and rose up against their masters in an ultimately failed rebellion. After the Elder Ones retreated into the oceans leaving the Shoggoths to roam the frozen wastes of the Antarctic. The onto-genesis of the Shoggoths and their gross materiality, index the horrifyingly deep time of the earth a concept near and dear to Lovecraft's formulation of horror as well as the fear of intelligences far beyond, and far before, the ascent of humankind on earth and elsewhere. The sickly amorphous nature of the Shoggoths invade materialism at large, where while materiality is unmistakably real ie not discursive, psychological, or otherwise overly subjectivist, it questions the relation of materialism to life. As Eugene Thacker writes: The Shoggoths or Elder Things do not even share the same reality with the human beings who encounter them—and yet this encounter takes place, though in a strange no-place that is neither quite that of the phenomenal world of the human subject or the noumenal world of an external reality. Amorphous yet definitively material beings are a constant in Lovecraft's tales. In his tale “The Dream-Quest of Unknown Kadatth” Lovecraft describes Azathoth as, “that shocking final peril which gibbers unmentionably outside the ordered universe,” that, “last amorphous blight of nethermost confusion which blashphemes and bubbles at the centre of all infinity,” who, “gnaws hungrily in inconceivable, unlighted chambers beyond time”. Azathoth's name may have multiple origins but the most striking is the alchemy term azoth which is both a cohesive agent and a acidic creation pointing back to the generative and the decayed. The indistinction of generation and degradation materially mirrors the blur between the natural and the unnatural as well as life and non-life. Lovecraft speaks of the tension between the natural and the unnatural is his short story “The Unnameable.” He writes, “if the psychic emanations of human creatures be grotesque distortions, what coherent representation could express or portray so gibbous and infamous a nebulousity as the spectre of a malign, chaotic perversion, itself a morbid blasphemy against Nature?”. Lovecraft explores exactly the tension outlined at the beginning of this chapter, between life and thought. At the end of his short tale Lovecraft compounds the problem as the unnameable is described as “a gelatin—a slime—yet it had shapes, a thousand shapes of horror beyond all memory”. Deleuze suggests that becoming-animal is operative throughout Lovecraft's work, where narrators feel themselves reeling at their becoming non-human or of being the anomalous or of becoming atomized. Following Eugene Thacker however, it may be far more accurate to say that Lovecraft's tales exhibit not a becoming-animal but a becoming-creature. Where the monstrous breaks the purportedly fixed laws of nature, the creature is far more ontologically ambiguous. The nameless thing is an altogether different horizon for thought. The creature is either less than animal or more than animal – its becoming is too strange for animal categories and indexes the slow march of thought towards the bizarre. This strangeness is, as aways, some indefinite swirling in the category of immanence and becoming. Bataille begins “The Labyrinth” with the assertion that being, to continue to be, is becoming. More becoming means more being hence the assertion that Bataille's barking dog is more than the sponge. This would mean that the Shoggotth is altogether too much being, too much material in the materialism. Bataille suggests that there is an immanence between the eater and the eaten, across the species and never within them. That is, despite the chaotic storm of immanence there must remain some capacity to distinguish the gradients of becoming without reliance upon, or at least total dependence upon, the powers of intellection to parse the universe into recognizable bits, properly digestible factoids. That is, if we undo Deleuze's aforementioned valorization of sense which, for his variation of materialism, performed the work of the transcendental, but refuse to reinstate Kant's transcendental disjunction between thing and appearance, then it must be a quality of becoming-as-being itself which can account for the discernible nature of things by sense. In an interview with Peter Gratton, Jane Bennett formulates the problem thusly: What is this strange systematicity proper to a world of Becoming? What, for example, initiates this congealing that will undo itself? Is it possible to identify phases within this formativity, plateaus of differentiation? If so, do the phases/plateaus follow a temporal sequence? Or, does the process of formation inside Becoming require us to theorize a non-chronological kind of time? I think that your student’s question: “How can we account for something like iterable structures in an assemblage theory?” is exactly the right question. Philosophy has erred too far on the side of the subject in the subject-object relation and has furthermore, lost the very weirdness of the non-human. Beyond this, the madness of thought need not override. /4/ - Ventriloquial Idealism or the Externality of Thought My aim is the opposite of Lovecraft's. He had an appreciation for natural scenery on earth and wanted to reach beyond the visible in the universe. I have no appreciation for natural scenery and want the objective universe to be a reflection of a character. Thomas Ligotti. “Devotees of Decay and Desolation.” Unless life is a dream, nothing makes sense. For as a reality, it is a rank failure [….] Horror is more real than we are. Thomas Ligotti. “Professor Nobody's Little Lectures on Supernatural Horror”. Thomas Ligotti's tales are rife with mannequins, puppets, and other brainless entities which of replace the valorized subject of philosophy – that of the free thinking human being. His tales such as “The Dream of the Manikin” aim to destroy the rootedness of consciousness. James Trafford has connected the anti-egoism of Ligotti to Thomas Metzinger – where the self is at best an illusion and we plead desperately for someone else to acknowledge that we are real. Trafford has stated it thus, “Life is played out as an inescapable puppet show, an endless dream in which the puppets are generally unaware that they are trapped within a mesmeric dance of whose mechanisms they know nothing and over which they have no control”. An absolute materialism, for Ligotti, implies an alienation of the idea which leads to a ventriloquil idealism. As Ligotti notes in an interview, “the fiasco and nightmare of existence, the particular fiasco and nightmare of human existence, the sense that people are puppets of powers they cannot comprehend, etc.” And then further elaborates that,“[a]ssuming that anything has to exist, my perfect world would be one in which everyone has experienced the annulment of his or her ego. That is, our consciousness of ourselves as unique individuals would entirely disappear”. The externality of the idea leads to the unfortunate consequence of consciousness eating at itself through horror which, for Ligotti, is more real than reality and goes beyond horror-as-affect. Beyond this, taking together with the unreality of life and the ventriloquizing of subjectivity, Ligotti's thought becomes an idealism in which thought itself is alien and ultimately horrifying. The role of human thought and the relation of non-relation of horror to thought is not completely clear in Ligotti's The Conspiracy Against the Human Race. Ligotti argues in his The Conspiracy Against the Human Race,that the advent of thought is a mistake of nature and that horror is being in the sense that horror results from knowing too much. Yet, at the same time, Ligotti seems to suggest that thought separates us from nature whereas, for Lovecraft, thought is far less privileged – mind is just another manifestation of the vital principal, it is just another materialization of energy. In his brilliant “Prospects for Post-Copernican Dogmatism” Iain Grant rallies against the negative definition of dogmatism and the transcendental, and suggests that negatively defining both over-focuses on conditions of access and subjectivism at the expense of the real or nature. With Schelling, who is Grant's champion against the subjectivist bastions of both Fichte and Kant, Ligotti's idealism could be taken as a transcendental realism following from an ontological realism. Yet the transcendental status of Ligotti's thought move towards a treatment of the transcendental which may threaten to leave beyond its realist ground. Ligotti states: Belief in the supernatural is only superstition. That said, a sense of the supernatural, as Conrad evidenced in Heart of Darkness, must be admitted if one's inclination is to go to the limits of horror. It is the sense of what should not be- the sense of being ravaged by the impossible. Phenomenally speaking, the super-natural may be regarded as the metaphysical counterpart of insanity, a transcendental correlative of a mind that has been driven mad. Again, Ligotti equates madness with thought, qualifying both as supernatural while remaining less emphatic about the metaphysical dimensions of horror. The question becomes one of how exactly the hallucinatory realm of the ideal relates to the black churning matter of Lovecraft's chaos of elementary particles. In his tale “I Have a Special Plan for This World” Ligotti formulates thus: A: There is no grand scheme of things. B: If there were a grand scheme of things, the fact – the fact – that we are not equipped to perceive it, either by natural or supernatural means, is a nightmarish obscenity. C: The very notion of a grand scheme of things is a nightmarish obscenity. Here Ligotti is not discounting metaphysics but implying that if it does exist the fact that we are phenomenologically ill-equipped to perceive that it is nightmarish. For Ligotti, nightmare and horror occur within the circuit of consciousness whereas for Lovecraft the relation between reality and mind is less productive on the side of mind. It is easier to ascertain how the Kantian philosophy is a defense against the diseases of the head as Kant armors his critical enterprise from too much of the world and too much of the mind. The weird fiction of both Lovecraft and Ligotti demonstrates that there is too much of both feeding into one another in a way that corrodes the Kantian schema throughly, breaking it down into a dead but still ontologically potentiated nigredo. The haunting, terrifying fact of Ligotti's idealism is that the transcendental motion which brought thought to matter, while throughly material and naturalized, brings with it the horror that thought cannot be undone without ending the material that bears it either locally or completely. Thought comes from an elsewhere and an elsewhen being-in-thought. The unthinkable outside thought is as maddening as the unthought engine of thought itself within thought which doesn't exist except for the mind, the rotting décor of the brain. /5/ - Hyperstitional Transcendental Paranoia or Self -Expelled Thought Weird fiction has been given some direct treatment in philosophy in the mad black Deleuzianism of Nick Land. Nick Land along with others in the 1990s created the Cyber Culture Research Unit as well as the research group Hyperstition. The now defunct hyperstitional website, an outgrowth of the Cyber Culture Research Unit, defined hyperstition in the following fourfold: 1-Element of effective culture that makes itself real. 2-Fictional quantity functional as a time-traveling device. 3-Coincidence intensifier. 4-Call to the Old Ones. The distinctively Lovecraftian character of hyperstition is hard to miss as is its Deleuzo-Guattarian roots. In the opening pages of A Thousand Plateaus Deleuze and Guattari write, “We have been criticized for over-quoting literary authors. But when one writes, the only question is which other machine the literary machine can be plugged into”. The indisinction of literature and philosophy mirrors the mess of being and knowing as post-correlationist philosophy, where philosophy tries to make itself real where literature, especially the weird, aims itself at the brain-circuit of horror. The texts of both Lovecraft and Ligotti work through horror as epistemological plasticity meeting with proximity as well as the deep time of Lovecraft and the glacially slow time of paranoia in Ligotti. Against Deleuze, and following Brassier, we cannot allow the time of consciousness, the Bergsonian time of the duree, to override natural time, but instead acknowledge that it is an unfortunate fact of existence as a thinking being. Horror-time, the time of consciousness, with all its punctuated moments and drawn out terrors, cannot compare to the deep time of non-existence both in the unreachable past and the unknown future. The crystalline cogs of Kant's account of experience as the leading light for the possibility of metaphysics must be throughly obliterated. His gloss of experience in Prolegomena to any Future Metaphysics could not be more sterile: Experience consists of intuitions, which belong to the sensibility, and of judgments, which are entirely a work of the understanding. But the judgments which the understanding makes entirely out of sensuous intuitions are far from being judgments of experience. For in the one case the judgment connects only the perceptions as they are given in sensuous intuition [....] Experience consists in the synthetic connection of appearances in consciousness, so far as this connection is necessary. Here it is difficult to dismiss the queasiness that Kant's legalism induces upon sight for both Badiou and David-Menard. Kant's thought becomes, as Foucault says when reflecting on Sade's text in relation to nature, “the savage abolition of itself”. For Badiou, Kant's philosophy simply closes off too much of the outside, freezing the world of thought in an all too limited formalism. Critical philosophy is simply the systematized quarantine on future thinking, on thinking which would threaten the formalism which artificially grants thought its own coherency in the face of madness. Even the becoming-mad of Deleuze, while escaping the rumbling ground, makes grounds for itself, mad grounds but grounds which are thinkable in their affect. The field of effects allows for Deleuze's aesthetic and radical empiricism, in which effects and/or occasions make up the material of the world to be thought as a chaosmosis of simulacra. Given a critique of an empiricism of aesthetics, of the image, it may be difficult to justify an attack on Kantian formalism with the madness of literature, which does not aim to make itself real but which we may attempt to make real. That is, how do Lovecraft's and Ligotti's materials, as materials for philosophy to work on, differ from either the operative formalisms of Kant or the implicitly formalized images of Deleuzian empiricism? It is simply that such texts do not aim to make themselves real, and make claims to the real which are more alien to us than familiar, which is why their horror is immediately more trustworthy. This is the madness which Blanchot discusses in The Infinite Conversation through Cervantes and his knight – the madness of book-life, of the perverse unity of literature and life a discussion which culminates in the discussion of one of the weird's masters, that of Kafka. The text is the knowing of madness, since madness, in its moment of becoming-more-mad, cannot be frozen in place but by the solidifications of externalizing production. This is why Foucault ends his famous study with works of art. Furthermore extilligence, the ability to export the products of our maligned brains, is the companion of the attempts to export, or discover the possibility of intelligences outside of our heads, in order for philosophy to survive the solar catastrophe. To borrow again from Deleuze, writing is inseparable from becoming. The mistake is to believe that madness is reabsorbed by extilligence, by great works, or that it could be exorcised by the expelling of thought into the inorganic or differently organic. Going out of our heads does not guarantee we will no longer mean we cannot still go out of our minds. This is simply because of the outside, of matter, or force, or energy, or thing-in-itself, or Schopenhauerian Will. In Lovecraft’s “The Music of Erich Zahn” an “impoverished student of metaphysics” becomes intrigued by strange viol music coming from above his room. After meeting the musician the student discovers that each night he plays frantic music at a window in order to keep some horridness at bay, some “impenetrable darkness with chaos and pandemonium”. The aesthetic defenses provided by the well trained brain can bear the hex of matter for so long, the specter of unalterability within it which too many minds obliterate, collapsing everything before the thought of thought as thinkable or at least noetically mutable on our own terms. Transcendental paranoia is the concurrent nightmare and promise of Paul Humphrey's work, of being literally out of our minds. It is the gothic counterpart of thinking non-conceptually but also of thinking never belonging to any instance of purportedly solid being. As Bataille stated, “At the boundary of that which escapes cohesion, he who reflects within cohesion realizes there is no longer any room for him” Thought is immaterial only to the degree that it is inhuman, it is a power that tries, always with failure, to ascertain its own genesis. Philosophy, if it can truly return to the great outdoors, if it can leave behind the dead loop of the human skull, must recognize not only the non-priority of human thought, but that thought never belongs to the brain that thinks it, thought comes from somewhere else. To return to the train image from the beginning “a locomotive rolling on the surface of the earth is the image of continuous metamorphosis” this is the problem of thought, and of thinking thought, of being no longer able to isolate thought, with only a thought-formed structure. [1] One of the central tenets of Francois Laruelle's non-philosophy is that philosophy has traditionally operated on material already presupposed as thinkable instead of trying to think the real in itself. Philosophy, according to Laruelle, remains fixated on transcendental synthesis which shatters immanence into an empirical datum and an a prori factum which are then fused by a third thing such as the ego. For a critical account of Laruelle's non-philosophy see Ray Brassier's Nihil Unbound. (shrink)

The universal concept, the logical center of understanding the problem of spirituality is man. Awareness of a person of his place in the world, the meaning of his being becomes the core idea of the era. At the same time in the public consciousness there is a significant qualitative shift in the direction of priority of humanistic values, when the priority is the question of moral comprehension of reality.

The relationship between reason and faith is one of the most important topics in the philosophy of religion. This issue has been investigated from several aspects. One of these aspects is the relationship between action and religious belief. John Cottingham, a contemporary analytical philosopher, emphasizes the primacy of religious practice over belief, as well as the involuntary nature of belief. In his opinion, the factor that causes people to become religious is not intellectual discussions about God but the internal aspects (...) of religion itself and the transforming power of religious practices in human life and experiences. In the present work, a critique has been made of his point of view with an explanatory-critical method. Criticisms that his point of view includes: First, the belief resulting from the course of action is only psychological certainty and such certainty is beyond the logic of verification. Secondly, knowledge of God and the practical system is a condition for entering it and precedes it. The third criticism is the problem of the plurality of religions and practical systems which causes people to mistrust reasons of the heart. The fourth criticism is that entering into a practical system is a confirmation of its benefits and anyone who does not believe this would have no reason to enter such a system. Introduction John Cottingham is a contemporary English philosopher, and one of the contemporary theorists in the field of the relationship between reason and faith. The relationship between reason and religious faith can be examined from four aspects: 1) The relationship between reason and the epistemological area of faith, 2) the relationship between reason and the practical area of faith, 3) the relationship between reason and the commitment area of faith, and 4) the relationship between reason and the area of faith. Explanation of Cottingham’s view Cottingham’s view can be presented in seven steps: -/- Criticism of the current situation in analytical philosophy; Changing the topic of discussion from the religious field to the spiritual field in order to expand the topic of discussion to non-religious spiritual fields; Comparison of spiritual practice with devotional orders in the past philosophical tradition; Understanding religion is based on practical participation in it; -/- This introduction is expressed according to Pascal’s point of view. According to Pascal, faith should be acquired in the atmosphere of a living tradition of practical religious worship, not through discussion and analysis in a seminar room. The basis of this view is that issues related to the nature and existence of God are beyond the reach of reason. -/- The role of emotions in human understanding; -/- Using Nussbaum’s point of view, Cottingham says: There are types of truth that the intellectual effort to obtain is equivalent to not reaching them. Religious truth is also a part of these truths. Because religious truths are beyond the direct understanding of humans and trying to understand them through logical analysis is moving away from them. -/- Involuntary belief; -/- Human belief, whether religious or otherwise, is not optional and there is a kind of passivity in all human perceptions. According to Cottingham, this point is shared by philosophers such as Hume and Descartes. Cottingham is also influenced by Pascal in this introduction. According to Pascal, although belief in God is not optional, there are indirect ways such as participating in religious activities to realize it, which are available to humans. The role of these ways in the formation of belief is a preliminary role and creating the ability to accept. -/- The necessity of trusting the witnesses of the heart; -/- According to Cottingham, such a thing is necessary for the human condition, and this issue exists in all fields of human knowledge, as well as in human daily life. For example, to go to work, a person must believe that when he turns the switch on the car, the car will not explode, even if such a belief is not the result of checking the car’s electrical system, you still have to trust this article or you will lose your job. Cottingham’s conclusion from the seven premises is that the factor that causes people to become religious is not intellectual discussions about God but the internal aspects of religion itself and the transformative power of religious practices in human life and experiences. Accordingly, faith in God is a product of trust and participation in a living community of faith. When the truth of religion is obtained through faith, and faith depends on a practical religious tradition, then there will be no other choice but to enter into the practical system of religion. Of course, he emphasizes that entering the life of faith does not mean abandoning the critical method in content analysis, and the previous reasons resulting from religious practice must be supplemented or regularized by subsequent intellectual reflections. According to Cottingham, worship precedes rational theory in four ways: 1) temporally; 2) heuristically; 3) psychologically; 4) morally Critical Review In the following, I will do a critical review of Cottingham’s view. His view on the priority of action over religious belief and that the understanding of religion is based on practical participation faces criticisms: First, the belief resulting from participation in religious actions is only psychological certainty and such certainty is beyond the logic of confirmation. Secondly, knowing God and the practical system is a condition for entering this system and has precedence over it. The third criticism is the problem of the plurality of religions and practical systems which causes people to mistrust reasons of the heart. The fourth criticism is that entry into a practical system is a confirmation of its benefits and anyone who does not believe this would have no reason to enter such a system. Therefore, at this stage as well, it is necessary to have a rational way to confirm the usefulness of this path. His view on Doxastic voluntarism is also under the involuntary approach of indirect belief, which is Pascal’s view. This component is also present in the opinions of Allamah Tabatabai. The difference between Cottingham and Allameh’s points of view is that Cottingham and Pascal consider rational arguments to be inefficient in the realization of belief and scientific verification, and they consider a practical commitment to be necessary for the realization of such verification, but Allameh Tabatabai considers scientific premises and rational proof to be the necessary conditions for faith. Conclusion Although the theory of the precedence of action over belief is faced with numerous criticisms, it is an undeniable matter. Paying attention to different levels of religious faith makes the value of theoretical discussions as well as paying attention to practical refinement and participation in spiritual actions be considered together. (shrink)

Probabilism is a Scholastic discussion of conscience beginning in the sixteenth century and lasting over four hundred years. To tackle historical issues in normative ethics, the participants had to work out a general "metaethical" theory relating epistemic and deontic logics, the logics of knowledge and virtue. May I act if I am unsure that I may? How, when I am in doubt, can I acquire the critical mass of rationality that virtue demands? The normative aspect of the controversy has (...) been studied in its historical setting, but its interesting and original metaethics has been largely ignored outside the Scholastic circle itself. The discussion is obviously relevant, even practical, today; in fact, any treatment of conscience and relativism already includes the material of probabilist analyses. (shrink)

Although moral relativists often appeal to cases of apparent moral disagreement between members of different communities to motivate their view, accounting for these exchanges as evincing genuine disagreements constitutes a challenge to the coherence of moral relativism. While many moral relativists acknowledge this problem, attempts to solve it so far have been wanting. In response, moral relativists either give up the claim that there can be moral disagreement between members of different communities or end (...) up with a view on which these disagreements have no “epistemic significance” because they are always faultless. This paper introduces an alternative strategy: accounting for disagreement in terms of “metalinguistic negotiation”. It argues that this strategy constitutes a better solution to the challenge disagreement poses for moral relativists because it leads to a nuanced understanding of the epistemic significance of moral disagreement between members of different communities. The upshot is a novel account of disagreement for moral relativists that has consequences for how moral relativism should be understood. (shrink)

Research into moral decision-making has been dominated by sacrificial dilemmas where, in order to save several lives, it is necessary to sacrifice the life of another person. It is widely assumed that these dilemmas draw a sharp contrast between utilitarian and deontological approaches to morality, and thereby enable us to study the psychological and neural basis of utilitarian judgment. However, it has been previously shown that some sacrificial dilemmas fail to present a genuine contrast between utilitarian and deontological options. (...) Here, I raise deeper problems for this research paradigm. Even when sacrificial dilemmas present a contrast between utilitarian and deontological options at a philosophical level, it is misleading to interpret the responses of ordinary folk in these terms. What is currently classified as “utilitarian judgment” does not in fact share essential features of a genuine utilitarian outlook, and is better explained in terms of commonsensical moral notions. When subjects deliberate about such dilemmas, they are not deciding between opposing utilitarian and deontological solutions, but engaging in a richer process of weighing opposing moral reasons. Sacrificial dilemmas therefore tell us little about utilitarian decision-making. An alternative approach to studying proto-utilitarian tendencies in everyday moral thinking is proposed. (shrink)

Abstract:To date, our understanding of ethical decision making and behavior in organizations has been concentrated in the area of moral judgment, largely because of the hundreds of studies done involving cognitive moral development. This paper addresses the problem of our relative lack of understanding in other areas of human morality by applying a recently developed construct—moral approbation—to illuminate the link between moral judgment and moral action. This recent work is extended here by exploring the effect (...) that organizations have on ethical behavior in terms of the moral approbation construct. (shrink)

What is the connection between emotions and moral judgments? Neo-sentimentalism maintains that to say that something is morally wrong is to think it appropriate to resent other people for doing it or to feel guilty upon doing it oneself. But intuitively, it seems that there is no way to characterize the content of guilt and resentment independent from the fact that these emotions respond to morally wrong actions. In response to this problem of circularity, modern forms of sentimentalism have (...) favoured a ‘no-priority view’, arguing that judgments of moral wrongness cannot be reduced to expressions of feelings of guilt and resentment, but that emotional responses and moral judgments mutually elucidate each other. In the present contribution, I argue that this strategy is not successful: the problem of circularity returns at a deeper level of the account, a level at which the ‘no-priority view’ can no longer escape it. The concept of ‘appropriateness’ that is invoked by neo-sentimentalism is liable to the so-called ‘conflation-problem’: it fails to distinguish between right and wrong kinds of appropriateness. In order to draw that important distinction, neo-sentimentalism has to presuppose a substantive notion of moral wrongness already. Moreover, I show that the most influential contemporary attempts to achieve an independent, non-circular ‘fix’ on the emotions fail for one of the following three reasons: they either cease to be sentimentalist, for capture the normative dimension of moral judgment or end up being circular again. (shrink)

My project in the dissertation is to develop a constructivist account of the normative structure of political or civil obligations. The first part of the dissertation focuses on Kant's moral and political constructivism respectively. In chapter two I argue that Kant's account of the normativity of moral obligations is rooted in the idea of moral community which is an objective end that is built into the structure of our practical reasoning. Moral obligations are justified for Kant (...) because they reflect our rational agency and, in particular, the interest we have in promoting a moral community. ;In chapter three I focus on what Kant's idea of the problem of politics: the construction of a society that can successfully and universally administer justice while promoting the interest each citizen has in living in realizing their full capacities as autonomous human beings. I argue that Kant is unable to show that civil obligation---the duties we have qua citizens---are normative in the right sort of way. Kant's account of civil or juridical obligations fails to show that these obligations are normative as moral laws---that they are justified and reason-giving in virtue of their connection to our political consciousness. ;In chapters four through six I present a fully developed account of how political constructivism uses the features of practical reason to evaluate and assemble our ordinary political consciousness---fundamental ideas of free and open society---into a conception of justice, and the normativity of civil obligations---how they are justified and in what sense they are reason-giving for persons qua citizens. ;I lay out Rawls's argument that justice as fairness is a freestanding view by working out exactly how the view is put together without appeal to any particular comprehensive doctrine. After setting out the mechanics, if you will, of political constructivism, I then present an account of the normativity of the political conception: the justification of principles of justice and the prescriptivity or reason-giving force of principles of justice. (shrink)

In the following I take issue with the allegation that liberalism must inevitably be guilty of ‘abstract individualism’. I treat Michael Sandel’s well-known claim that there are ‘loyalties and convictions whose moral force consists partly in the fact that living by them is inseparable from understanding ourselves as the particular persons we are’ as representative of this widely held view. Specifically, I argue: (i) that Sandel’s account of the manner in which ‘constitutive’ loyalties function as reasons for action (...) presupposes the possibility of there being (what I call) ‘underivable particular obligations’, but that such obligations are, in fact, a logical impossibility; and (ii) that Sandel’s account of the self as necessarily ‘encumbered’ presupposes an account of personal identity which confuses identification with definition, and which is, therefore, fundamentally flawed. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render (...) certain norms, but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

The trolley problem, first described by Foot (1967) and Thomson (The Monist, 59, 204–217, 1976), is one of the most famous and influential thought experiments in deontological ethics. The general story is that a runaway trolley is threatening the lives of five people. Doing nothing will result in the death of those persons, but acting in order to save those persons would unavoidably result in the death of another, sixth person. It appears that, depending on the situation, we (...) have different moral judgments about the permissibility of action. We will review and systematize all the proposals in the literature of the past 35 years that have attempted to grasp our moral intuitions in a simple deontological principle. In particular, seventeen proposals will be classified: six algorithmic, seven psychological, and four other invalid accounts. This review and classification sheds light on some subtle differences and clarify a few issues. (shrink)