У статті розглянуто проблему людської гідності за доби Просвітництва (на прикладі філософії І. Канта) у контексті сучасного філософського дискурсу проблеми. Зазначено, що подальший розвиток суспільства формує запит на правову соціально-орієнтовану державу, де надаються та забезпечуються широкі права та свободи для усіх громадян (незалежно від національності, віросповідання, культури, матеріального стану), що зрештою стає важливою засадою осмислення та буття людської гідності. Йдеться про право громадянина висловлювати свою думку та громадянську позицію, а завдання влади забезпечувати широкий спектр прав та свобод, які визначаються І. (...) Кантом як моральні (природні). Ось чому звернення сучасних філософів та дослідників до філософії І. Канта, його тлумачення природи людини, її прав та свобод, що зумовлене певною схожістю доби Просвітництва та сучасного етапу розвитку суспільства. Означена подібність втілилася у низці факторів, що створюють нову картину світу, а саме: кардинальні зміни політичного, соціального та економічного устрою; традиційного людського буття та життєвого світу; швидкість та глобалізм сучасних трансформацій не тільки у виробничих сферах, а й у соціально-побутових, морально-етичних та суспільно-політичних відносинах. Наголошено, що названі процеси втілюються у моральному (природному) та адміністративному праві і суттєво впливають на свободи та рівність усіх членів суспільства; самостійність дій кожного члена спільноти як громадянина; відсутність патерналізму на рівні взаємин громадянин-суспільство-влада. Таким чином, представлена І. Кантом етично-правова концепція людської гідності знаходить розуміння та застосування в концептах аргументативної та екологічної етики, етики відповідальності у прагненні до створення таких владних структур, за яких суспільний консенсус досягається через аргументований діалог усіх членів суспільства та колективну відповідальність за дії. Таким чином цілісна реконструкція роздумів І. Канта про людину, її гідність та свободу, засвідчує органічну приналежність української філософії до європейського інтелектуального та філософського контексту розуміння загальнолюдських морально-етичних норм, прав і свобод. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Worth of Persons by James FranklinLouis GroarkeFRANKLIN, James. The Worth of Persons, New York: Encounter Books, 2022. 272 pp. Cloth, $30.99In The Worth of Persons, James Franklin, the well-known Aristotelian mathematician, sets out to provide an account of the very first principles of ethics and morality. Franklin argues that morality begins with an acknowledgment of the intrinsic worth of human persons, understood (...) as beings possessing “dignity” or “absolute inner worth.” As it turns out, we recognize naturally, without epistemic complication, that human beings have innate moral value.Although Franklin does not use the term “personalism” and does not discuss that specific philosophical tradition, he traces his own account to a familiar source: Kant’s personhood formulation of the categorical imperative. He has, however, little use for Kant’s rigid absolutism and prefers something much closer to a natural law formulation of ethical obligation, in large part because it allows for casuistry, a negotiation of the messy circumstances of everyday life that confront us with moral dilemmas and competing duties requiring some kind of moral calculation.But Franklin’s book is not so much about normative ethics. It is an exercise in metaethics, an attempt to make sense of morality as a root cause of value in the world. Franklin wants to secure an epistemological basis from which we can “deduce” moral principles. He is particularly impressed with contemporary discussion of “supervenience” or “metaphysical grounding” as a bridge over the alleged is–ought gap that has preoccupied analytic philosophers following in the footsteps of David Hume [End Page 349], G. E. Moore, and J. L. Mackie. Franklin shows, very effectively, that similar “gaps” can be found in logic, mathematics, linguistics, computer science, philosophy of mind, metaphysics, and so forth. As examples of supervenience, he mentions the way necessary mathematical concepts supervene on the physical, the way the meanings of words are added to spoken or written symbols, the way logical inference arises from premises and conclusion in an argument, the way social organization emerges from a collection of individuals, and the way the identity of a statue of Hercules arises from its disposition of physical parts. The point is that an empiricist fundamentalism that reduces reality to perceptible facts without any higher (or “emergent”) identities provides an overly narrow account of the metaphysical content of human experience.If ethical value supervenes on some nonethical base, it does not follow that moral judgments and obligations are a human fabrication without any grounding in the world. If we can intellectually access the moral worth of human beings the way, for example, we intellectually access necessary mathematical concepts, we can deduce moral obligations from the worth of persons in a way that preserves the epistemic status of morality against noncognitive challenges. Once we recognize that individual humans have worth (because of the potentialities inherent in their natures), we can, for example, infer moral axioms such as “human beings must be respected” and, further, infer that murder is morally wrong because it involves the wanton destruction of human beings. Franklin does not focus on the normative content of specific actions, duties, obligations, or virtues. His basic point is that moral knowledge is possible once we rationally access (through understanding) the first principle of morality: that human beings are (to use Kantian terminology) ends in themselves, beings that rational agents will value as loci of dignity and moral value.This is a thorough treatment. Franklin is moderate, cautious, careful, diligent; he adds together technical points in present-day academic discussion to produce a well-rounded worldview. He writes in an accessible manner, with good examples and flashes of wit throughout, referring to a wide range of issues and authors: Pseudo-Dionysius, Aristotle, Aquinas, Kant, Husserl, Moore, Wolterstorff, Mackie, Oderberg, MacIntyre, Midgley, Finnis, Korsgaard, Dworkin, Baier, Williams, Singer, Murdoch, and so on.The book includes eight chapters that discuss contrary positions, ethical concepts, supervenience, moral personhood, aesthetic worth, the value of animals and ecosystems, moral epistemology, and metaphysical systems compatible with a realist view of morality. There is a useful index, a modest bibliography, and a full section of notes, which contains many further references.The treatment seems a... (shrink)

Normative Subjects alludes to the fields of morality and law, as well as to the entities, self and collectivity, addressed by these clusters of norms. The book explores connections between the two. The conception of self that informs this book is the joint product of two multifaceted philosophical strands, the constructivist and the hermeneutical. Various schools of thought view human beings as self creating: by pursuing our goals and promoting our projects, and so while abiding by (...) the various norms that guide us in these endeavors, we also determine human identity. The result is an emphasis on a reciprocal relationship between law and morality on the one side and the composition and boundaries of the self on the other. In what medium does this self creation take place, and who exactly is the. (shrink)

Accounting ethics is a growing field which is devoted to how ethical norms are perceived, understood, and how they affect behavior of professional accountants and auditors. The field concerns what legal sociology could define as the effectiveness of a set of norms. The present study adopts a Luhmann-inspired theoretical framework and questions three assumptions that are common among the main thrust of empirical research on accounting ethics. This study proposes that the effectiveness of ethical norms in accounting as (...) the outcome of self-assessments, client-assessments and peer-assessments in which the ethical norms operate as a communication system. The perceived utility of the system of ethical norms appears to the individual as dependent on how capable the individual believes him/herself to be at communicating with the environment through ethical terminology. This system-theoretical definition of the effectiveness of ethical norms in accounting allows new research questions to be asked regarding how ethical norms become a viable alternative for solving accounting problems in practice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Living the Truth: A Theory of ActionBenjamin J. BrownLiving the Truth: A Theory of Action Klaus Demmer Washington, D.C.: Georgetown University Press, 2010. 179 pp. $34.95.Klaus Demmer is one of the most influential Catholic moral theologians in Europe since Vatican II. Unfortunately, he is relatively unknown in America. Living the Truth is only the second of his works to be translated into English, although other translations are (...) anticipated. In Living the Truth, Demmer provides an incredibly balanced and nuanced work of fundamental moral theology and brims with insights. Not content with easy answers or oversimplifications, Demmer seeks in this book not only to chart a way between apparent opposites but also to synthesize the best of both into a new unity.For example, Demmer returns regularly to the question of the foundation and role of moral norms. Norms are indispensable in the life of the “ethical personality,” the person who is fully alive as a human being. They serve to open a person to the truth and to freedom and help to make a space for genuinely good, free, and vibrant action. However, norms are not at the heart of Demmer’s ethics, either as a discipline or in actual life. He also speaks of the ways in which a person establishes norms for herself even as he is careful to avoid relativism or subjectivism. Acknowledging that norms derived from a natural law ethics are true and important and that Christian morality may not be able to add any propositional content to natural law, he also argues at length that Christianity does in fact significantly shape a natural law ethics into something that is both deeper and more expansive. For Demmer, the Christian context changes the basis and meaning of morality. Although frustratingly spare with examples, he brings to the fore the difference between grounding human dignity in human nature as reason can grasp it and grounding it more specifically in the image and likeness of God and the love shown in the incarnation and redemption.Demmer’s moral theology is profoundly human and existential; it is immersed in the context and texture of real human experience. In many ways, it is very pastoral. It certainly manifests a depth of psychological insight into the nature and workings of the human mind, for example, in analyzing the ways in which people fall into pride and self-deception (33–37).Living the Truth’s concern with truth and truthfulness is an important and timely theme. Once again, Demmer synthesizes distinct elements. Truthfulness is a multifaceted reality, referring both to internal and external forces. Systematically [End Page 227] grounding his ethics in a robust classical metaphysic, Demmer understands the “true,” the “good,” and “being” to be related as transcendentals (42). The “truth” opens one up to “goodness,” which in turn allows for the flourishing of the human person. Far from being restrictive, the truth opens up possibilities for true freedom. But this only occurs when it is internalized as “truthfulness,” a virtue of many dimensions that Demmer unfolds throughout the book, particularly in the last of the three main parts.Living the Truth is very dense. It definitely is not an undergraduate text. Both the meaning of individual sentences and the flow of Demmer’s thought are elusive at times. Many subsections discuss a range of ideas and seem at times to wander. Even readers with a strong background in moral theology will find it necessary to reread and think carefully in order to catch the precise meaning of specific phrases and follow the argument. Nonetheless, the rewards are well worth the effort. Every moral theologian owes it to herself to read this book. [End Page 228]Benjamin J. BrownLourdes UniversityCopyright © 2012 Society of Christian Ethics... (shrink)

In contemporary discussions on practical ethics, the concepts of autonomy and dignity have frequently been opposed. This tendency has been particularly visible in controversies regarding cloning, abortion, organ sales, and euthanasia. Freedom of research and freedom of choice, as instances of professional and personal autonomy, have been cited in arguments favouring these practices, while the dignity and sanctity of human life have been evoked in arguments against them. In the moral theory of Immanuel Kant, however, the concepts of (...) autonomy and dignity seem to coexist in mutual harmony. Respect for the freely chosen moral law and respect for the absolute value of humanity coincide, and give rise to a unified understanding of our duties toward ourselves and others. My question in this paper is, was Kant on to something here? Can autonomy and dignity, in the sense in which they are used in current debates, be brought together, and can the arguments be settled in a way that would satisfy both disagreeing parties? My answer to the question is, yes and no. Kant was definitely on to something in that he recognized two competing views in modern moral philosophy, and tried to consolidate them in an attempt to create a universal model of ethics. But in the end, he failed to fuse the two views together on equal terms. Instead, he sacrificed the modern idea of the self-governance of individuals on the altar of the premodern notion of the absolute inner worth of humanity. (shrink)

Description: This book Marxian Ethics: Some Preliminary Considerations, is an attempt to explore the meaning and significance of some of the basic formulations of Marxian thought and ideology with a view to cull the ethical dimensions implicitly embedded in Marx's theoretical framework. The work is important in view of the fact that there are extreme divergences and contradictions in the interpretations of Marxism leading to a controversy between the exponents of scientific and philosophico-ethical aspects of Marxism. The work (...) presupposes a few basic questions in the context of Marx's concern for ethics and morality. Is Marx advocating a moral principle which must be confronted to or is he seeking a goal realization? Is he concerned with a sociological analysis of factors in the decline or rise of moral values or is he visualizing an ideal state of affairs which ought to come into existence? The language of morality cannot be understood except against the background of certain norms of social existence. Marx, according to the author, is not only confronted with the moral problem but, indeed, forces the moral question on us. The author maintains that Marx's entire social philosophy flows from his radical and revolutionary views on reality as manifested in his state of alienation-a concept which according to her lies at the heart of Marx's social and moral analysis. The author grapples with the question why Marxism is accepted almost as a religion by the countless millions of people. It is because it looks at and tries to solve the riddles of man's existence from a moral point of view? The author discusses the relevance of man's relation to nature, history and society and tries to view it from a valuational standpoint which incorporates within it the absolute supremacy and dignity of man, which have an unconditional priority in the hierarchy of values. She locates the basis of Marxian system of moral values in a metaphysics of human nature. (shrink)

Purpose of the study is explication of ethical and existential conditions of realization of human responsibility for the protection and recreation of the environment on a scale of the common world with all the other living beings. The crisis of the environment is the crisis of human morality. For responsible environmental management, it is necessary to form the ecological consciousness of society and reinterpret the anthropocentrism on the ethical foundations. The theoretical basis of the research is (...) the analysis of ethical and existential dimensions of understanding of the human environment ranging from the sphere of the home and the natural environment to the dimension of the common world of people and all the entities. The work clarifies the genesis of the concept of home from the ancient "oikos", household to the idea of home as a "hub", a base for mental and physical mobility in the contemporary technosphere. Correspondent to the transformation of the living world of mankind is the concept of communication and universal discourse of norms and values of human coexistence of J. Habermas, К.-О. Apel, D. Böhler, W. Kuhlmann, and others. The domain of the ecological consciousness and behaviour also requires motivation at the level of human feelings, beliefs, and convictions, which is represented by the philosophic and religious thought of H. Jonas, O. Leopold, K. M. Меуеr-Abich, A. Naess, the pope Francis, and others. As the result, the study proves the relevance of the concept of care about the common home based on the recognition of the value of the existence of all beings. Originality. The study explicates the genesis and meaning of the ethos of the common home with values of love, care, openness, solidarity, freedom, and responsibility which is proved to be the ethical and existential condition of the solution of the environmental crisis. The traditional anthropocentrism is reinterpreted towards the duty of people to be the centre of the responsibility for the existence of all beings that requires both reason and care. Conclusions. The ethics of care for our common home completes the moral duty of people as providers of the universal discourse who represent the interests of all beings. Concern for the preservation of the human environment and of all creation makes it possible for humanity to realize its universal responsibility in the world. The contemporaneous science and religious thought modify anthropocentrism to the holistic ethical understanding of human’s mission to be responsible for all beings. (shrink)

This fascinating new book examines diversity in moral judgements, drawing on recent work in social, personality, and evolutionary psychology, reviewing the factors that influence the moral judgments people make. Why do reasonable people so often disagree when drawing distinctions between what is morally right and wrong? Even when individuals agree in their moral pronouncements, they may employ different standards, different comparative processes, or entirely disparate criteria in their judgments. Examining the sources of this variety, the author (...) expertly explores morality using ethics position theory, alongside other theoretical perspectives in moral psychology, and shows how it can relate to contemporary social issues from abortion to premarital sex to human rights. Also featuring a chapter on applied contexts, using the theory of ethics positions to gain insights into the moral choices and actions of individuals, groups, and organizations in educational, research, political, medical, and business settings, the book offers answers that apply across individuals, communities, and cultures. Investigating the relationship between people⁰́₉s personal moral philosophies and their ethical thoughts, emotions, and actions, this is fascinating reading for students and academics from psychology and philosophy and anyone interested in morality and ethics. (shrink)

Political and social commentators regularly bemoan the decline of morality in the modern world. They claim that the norms and values that held society together in the past are rapidly eroding, to be replaced by permissiveness and empty hedonism. But as Edward Rubin demonstrates in this powerful account of moral transformations, these prophets of doom are missing the point. Morality is not diminishing; instead, a new morality, centered on an ethos of human self-fulfillment, is arising to replace (...) the old one. As Rubin explains, changes in morality have gone hand in hand with changes in the prevailing mode of governance throughout the course of Western history. During the Early Middle Ages, a moral system based on honor gradually developed. In a dangerous world where state power was declining, people relied on bonds of personal loyalty that were secured by generosity to their followers and violence against their enemies. That moral order, exemplified in the early feudal system and in sagas like The Song of Roland, The Song of the Cid, and the Arthurian legends has faded, but its remnants exist today in criminal organizations like the Mafia and in the rap music of the urban ghettos. When state power began to revive in the High Middle Ages through the efforts of the European monarchies, and Christianity became more institutionally effective and more spiritually intense, a new morality emerged. Described by Rubin as the morality of higher purposes, it demanded that people devote their personal efforts to achieving salvation and their social efforts to serving the emerging nation-states. It insisted on social hierarchy, confined women to subordinate roles, restricted sex to procreation, centered child-rearing on moral inculcation, and countenanced slavery and the marriage of pre-teenage girls to older men. Our modern era, which began in the late 18th century, has seen the gradual erosion of this morality of higher purposes and the rise of a new morality of self-fulfillment, one that encourages individuals to pursue the most meaningful and rewarding life-path. Far from being permissive or a moral abdication, it demands that people respect each other's choices, that sex be mutually enjoyable, that public positions be allocated according to merit, and that society provide all its members with their minimum needs so that they have the opportunity to fulfill themselves. Where people once served the state, the state now functions to serve the people. The clash between this ascending morality and the declining morality of higher purposes is the primary driver of contemporary political and cultural conflict. A sweeping, big-idea book in the vein of Francis Fukuyama's The End of History, Charles Taylor's The Secular Age, and Richard Sennett's The Fall of Public Man, Edward Rubin's new volume promises to reshape our understanding of morality, its relationship to government, and its role in shaping the emerging world of High Modernity. (shrink)

Biobanking policy needs to take into account the concept of human dignity, because this concept is enshrined in both international and South African law. The accepted understanding of informed consent, which is also required by law, is inadequate for biobanking because it is often not possible to inform people of possible uses of their stored tissue. If human dignity is understood as a multidimensional concept that corresponds to the multidimensionality of the human person, then human dignity (...) can be said to be both (i) something that all people already have, as an inviolable worth that inheres in their potential to live meaningful lives; and (ii) something that people seek to realize through morally good behavior in historically-situated relationships. This understanding of human dignity can be used as both an interpretive lens and a normative vision. It is interpretive because it reveals how various attitudes to biobanking and the various proposed consent regimes--presumed, broad, and specific--might all be underpinned by appeals to human dignity. It is a normative vision because, given that all of these positions can be underpinned as morally meaningful with respect to human dignity, provision should be made for all of the possible consent regimes in law and in biobanking practice. Nonetheless, where compromise cannot be avoided, then, at the very least, human dignity understood as the human potential to live a meaningful moral life must be protected. (shrink)

Inasmuch as unmitigated pain and suffering areoften thought to rob human beings of theirdignity, physicians and other care providersincur a special duty to relieve pain andsuffering when they encounter it. When pain andsuffering cannot be controlled it is sometimesthought that human dignity is compromised.Death, it is sometimes argued, would bepreferred to a life without dignity.Reasoning such as this trades on certainpreconceptions of the nature of pain andsuffering, and of their relationships todignity. The purpose of this paper is to (...) laybare these preconceptions. The duties torelieve pain and suffering are clearly mattersof moral obligation, as is the duty to respondappropriately to the dignity of other persons.However, it is argued that our understanding ofthe phenomena of pain and suffering and theirrelationships to human dignity will be expandedwhen we explore the aesthetic dimensions ofthese various concepts. On the view presentedhere the life worth living is both morally goodand aesthetically beautiful. Appropriate``suffering with'''' another can help to maintainand restore the dignity of the relationshipsinvolved, even as it preserves and enhances thedignity of patient and caregiver alike. (shrink)

Emergency care research sometimes involves incapacitated adults as research participants. The ethical principle of respect for autonomy may not necessarily apply to an incapacitated person unable to act in an autonomous manner, although it can be argued that researchers still have a duty of respect towards such people because they have moral status despite being incapacitated. Sharing some common ground with theories of moral status based on ‘humanness’ and the ability for rational thought is the notion of (...) human dignity, which features in arguments regarding researcher conduct with incapacitated patients. However, human dignity premised upon the unique ability of humans for rational thought and moral self-regulation is contingent upon these capabilities – a limitation that possibly makes dignity a less useful framework for research conduct in emergency care research. In this article, I will discuss the different conceptions of human dignity – as equality, status and virtue – and then draw on more recent literature that explains human dignity as a social constraint and as a factor influencing the conduct of healthcare professionals and researchers. I will address questions of whether dignity as a principle ought to apply only to those who have the ability to think rationally, or to all humans regardless of their condition or mental status. I will argue that, in relation to offering protection to research participants in emergency conditions, it is immaterial which view is taken. (shrink)

This volume reflects on questions of human rights in the context of globalization. The essays responding to this subject are rich and varied: they focus on legal acceptance as well as consequences of human rights with regard to social rights and the necessary protection of the environment connected or close to those rights. Another approach to the subject featured in the volume is the legal recognition and the consideration of human rights as moral rights. With (...) concepts on universality, a new cosmopolitism, cultural pluralism and perspectives on religious variants and technological advances the debate on human rights is concluded. Index / Indice I. The Foundation of Rights / El fundamento de los derechos: J. Rubio Carracedo: El legalismo occidental: un problema para la universalizacion de los derechos humanos J. A. Seoane: El caracter juridico de las leyes injustas M. Borowski: Classifying and qualifying properties of fundamental rights J. von Platz: Faith in reason: questioning practical reason as fact, norm, end, and function of human rights R. Cruft: Policy implications of the philosophical foundations of human rights Maria Gabriela Scataglini: Derechos humanos: otra mirada sobre la cuestion de su universalidad II. A New Cosmopolitism / Un nuevo cosmopolitismo: V. de P. Barreto: Derecho cosmopolita y derechos humanos Luis Fernando Barzotto: Reconocimiento y fraternidad A. R. Bernstein: Justifying universal human rights via Rawlsian public reason H. Khatchadourian: Democracy and the globalization of human rights Milagros Otero Parga: Derechos humanos y globalizacion Halim Bepari: Human rights and the United Nations Miracy B. S. Gustin: Rescate de los derechos humanos en situaciones adversas de paises perifericos III. Multiculturism and Pluralism of Values /Multiculturalidad y pluralismo de valores: M. Herrero / M. Saralegui: Dogmatismo politico y pluralismo religioso Berry Tholen: Migration, justice, and Europe's identity. The relevance of special ties for EU's migration policy C. M. Alvarez Chicano: Implicaciones de la inconmensurabilidad de los valores en la aplicacion de principios de orden etico y juridico L. Perez Conejo: Axiologia juridica y pluralismo de valores: algunas consideraciones sobre la nocion de 'inconmensurabilidad' S-I. Liu: Fundamental legal values and globalization with regard to historical experience in freedom of speech L. C. Amezua: Libertad natural y esclavitud voluntaria: reflexiones de F. Suarez sobre la esclavitud IV. Rights and Gender / Derechos y genero: J.M. Gil Ruiz: La violencia de genero en el contexto familiar y la agresion de la ciencia juridica A. Goiriena Lekue: El interes superior del/la nino/a, coparentalidad y neutralidad de genero en la atribucion de la guarda y custodia de los hijos e hijas P. Garcia Guevara: Las politicas de genero en los paises globalizados del 'Tercer Mundo' V. Technological Impact and New Generation Rights / Impacto tecnologico y nuevas generaciones de derechos: M. Ahteensuu: Understanding the precautionary principle in the light of the traditional weak-strong distinction: a critical comment Cristina Monero Atienza: Bases para una teoria de los derechos en el siglo XXI M. Kitahara: Personal data processing and business ethics: personal data processing and personal data protection in business A. D. Oliver Lalana: El lado empirico de la legitimidad comunicativa: sobre la publicidad organizativa del derecho de proteccion de datos en internet J. Ebbesson / M. Zamboni: Transbordering democracy? The case of environment protection Sagrario Moles Nieto: El impacto medioambiental de los cultivos transgenicos VI. Bioethics and Law / Bioetica y derecho: M. Cruz Diaz de Teran: Principios para una biojuridica global C. Faralli / S. Tugnoli: Bioethics between law and science: the Italian law on medically assisted procreation (Law No. 40, February 19, 2004) N. Zeegers: The working of power in communicative regulation: the case of research with human embryos J. A. Fernandez Suarez: La bioetica en la era de la globalizacion F. J. Blazqez Ruiz: Privacidad y discriminacion genetica: propuestas bioeticas y juridicas ante los desafios de un mundo globalizado. (shrink)

Religious pluralism in healthcare means that conflicts regarding appropriate treatment can occur because of convictions of patients and healthcare workers alike. This contribution argues for a presumption in favour of respect for religious belief on the basis that such convictions are judgements of conscience, and respect for conscience is core to what it means to respect human dignity. The human person is a subject in relation to all that is. Human dignity refers to the worth of (...) human persons as members of the species with capacities of reason and free choice that enable the realisation of dignity as self-worth through morally good behaviour. Conscience is both a feature of inherent dignity and necessary for acquiring dignity as self-worth. Conscience enables a person to identify objective values and disvalues for human flourishing, the rational capacity to reason about the relative importance of these values and the right way to achieve them and the judgement of the good end and the right means. Human persons are bound to follow their conscience because this is their subjective relationship to objective truth. Religious convictions are decisions of conscience because they are subjective judgements about objective truth. The presumption of respect for religious belief is limited by the normative dimension of human dignity such that a person's beliefs may be overridden if they objectively violate inherent dignity or morally legitimate acquired dignity. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of (...) the German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kantian Ethics and Economics: Autonomy, Dignity, and CharacterIvan A. BoldyrevMark D. White. Kantian Ethics and Economics: Autonomy, Dignity, and Character. Stanford, CA: Stanford University Press, 2011. Pp. xi + 270. Cloth, $55.00.This remarkable book provides a new ethical perspective for economics based on Kantian ethics of autonomy and dignity. There are two main messages in it that I find particularly important. First, Mark White derives from Kant (...) the idea of irreducible moral principles that govern the behavior of economic agents independently of welfarist and, more generally, consequentialist concerns. These principles of duty and the “incomparable worth” (21) of human dignity, as well as justice or rights, may not be economically traded off against some other motivations; hence, they simply evade economic reasoning altogether.Second, White endorses a version of libertarian Kantianism that treats people as individuals in essence (“autonomous”) and social in orientation (respecting the rights and the choices of the others). In discussing individualism, White attacks the conventional wisdom of economics and claims that preferences alone do not account for the identity of individuals [End Page 298] in space and time, although their unique characters do. Persons should be given free choice (absent in deterministic rational-choice models) and hence responsibility for their choices that incorporates the social factors in decision-making. However, White never mentions the almost insurmountable difficulties associated with fleshing out the truly individual features of a given person. Although he allows for a person’s identity and character changing over time, he does not recognize that character itself is in many respects a social construction.White criticizes paternalistic economic policies that suggest manipulating choice environments in order to follow the “true” preferences of the individuals. Instead, real consent, as satisfying both relevant preferences and principles (e.g. rights and human dignity), is, in his view, the sole criterion for justifying particular policy measures—not Pareto-efficiency or Kaldor-Hicks compensation. Economists’ obsession with efficiency leading to the misconceived notions such as “efficient level of crime” or “manageable level of terrorism” is also severely criticized.For White, the most popular formalistic version of the categorical imperative is less important than the other two—prohibiting treating other people simply as means and instituting the “Kingdom of Ends.” Formalism is reserved merely for the negative evaluation of actions and providing strict perfect duties that give clear guidance concerning what should not be done. White’s “Kantian-economic” model of decision-making incorporates perfect duties as constraints, and imperfect (positive) duties as preferences. He also stresses that for Kant, duties derived from the imperative depend on empirical knowledge, the context of decision-making, and judgment as a unique personal interpretation of the moral law. He further emphasizes the intersubjective role of Kantian morality: moral law should be universalizable to all rational persons (the “Kingdom of Ends” formula of the imperative), whereas rationality means not just following the patterns of behavior developed in the preference-oriented choice model, but rather acting on one’s beliefs and desires or choosing not to follow them, thus exhibiting genuine autonomy.The new and important contribution to the discussion is an explicit treatment of will as an inner faculty that, together with judgment, constitutes a person’s character or “self,” and helps to overcome the mere inclination to follow duty. Will is the missing link between decision and action and should be “well-trained” for bringing about true morality.The book is clearly written, and the author has upheld the interdisciplinary appeal of the topic, demonstrating an outstanding knowledge of the vast literature on ethics (both Kantian and not) and economics. White’s emphasis on the irreducibility of moral principles is absolutely relevant for current economic and political debates. However, some reservations are in order.There is an ambiguity concerning the status of his analysis. If in its positive aspect White’s recommendations for economists is to accept the Kantian vision of morality, then almost no arguments are given for this, and his modifications of the standard choice model are introduced in an ad hoc manner, just to reconcile it with the Kantian framework. Are an individual’s decisions to act on principles and to overcome mere inclinations really... (shrink)

The aim of the article is to define the tendencies of elaboration of ethical problems in early medieval exegetical texts - treatises of post-canonical Abhidharma. Ethics as a specific philosophical discipline concerning morals was not specifically developed because of cosmological character of Buddhist philosophy. Explication of the ethical discourse presented in treatises of eminent early medieval Indian Buddhist exegetics Vasubandhu, Asaṅga and Yaśomitra showed that specific for ethics questions on the highest good, sense of human life, the (...) nature and sources of morals, freedom of will etc. were solved in post-canonical period. According to the religious doctrine they interpreted the highest good as the benefit of liberation from the fetches of suffering. The Buddha’s moral instructions known as prātimokṣa is aimed at the attainment of the highest good. Therefore the essence of morality has nothing to do with saṃsāra, and human society forming and perishing in cosmic cycles cannot be the source of moral norms. According to historiosophical myth, human beings get the first instructions on righteous behavior in deep antiquity from charismatic Universal ruler coming to the world as the forerunner of the Buddha. He explains ontological contrariness of the good and the evil but is not the Teacher of the truth. Freedom of will cannot manifest itself spontaneously in a human being attached affectively to saṃsāra. Such an individual falsely takes his ignorant self-will for the freedom of will. Hearing the sermons of salvific teaching is the condition for the rising of free will impulse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: Multiculturalism, Postmodernism, and the Bankruptcy of Fundamentalism 1Robert Baker (bio)AbstractThis first of two articles analyzing the justifiability of international bioethical codes and of cross-cultural moral judgments reviews “moral fundamentalism,” the theory that cross-cultural moral judgments and international bioethical codes are justified by certain “basic” or “fundamental” moral principles that are universally accepted in all cultures and eras. Initially propounded by (...) the judges at the 1947 Nuremberg Tribunal, moral fundamentalism has become the received justification of international bioethics, and of cross-temporal and cross-cultural moral judgments. Yet today we are said to live in a multicultural and postmodern world. This article assesses the challenges that multiculturalism and postmodernism pose to fundamentalism and concludes that these challenges render the position philosophically untenable, thereby undermining the received conception of the foundations of international bioethics. The second article, which follows, offers an alternative model—a model of negotiated moral order—as a viable justification for international bioethics and for transcultural and transtemporal moral judgments.Man in the Twentieth Century can not be circumscribed by the standards of any single culture.American Anthropological Association (1948) in a statement officially denouncing the 1948 United Nation’s Declaration of Human Rights.Recently... so-called “liberal” medicine has revived the old rights of a clinic understood in terms of a special contract, a tacit pact made between one man and another. This patient gaze has even been attributed the power of assuming [a role in clinical decision making].Miracles are not so easy to come by....Michel Foucault (1975, p. 5) [End Page 201]An Overview of the AnalysisInternational bioethics originated in the trauma of the Holocaust, specifically, in the 1946–1947 Nuremberg “Doctors Trial” when a tribunal of three American judges convicted Nazi medical researchers of “crimes against humanity.” In justifying their judgment, the Nuremberg Tribunal cited 10 principles for morally permissible research, which, they claimed, were based on “fundamental” principles that civilized societies “all agree” upon and accept as the foundations of their “moral, ethical, and legal” norms. Foremost among the principles was one stating that morally permissible human experiments require the informed voluntary consent of the subject. The Nuremberg judgment soon became associated with the ideal of human rights declared in the 1948 United Nations Charter. These two ideas—fundamental principles of morality and human rights—have been linked in all major formulations of international bioethics promulgated in the past 50 years, including the Council of Europe’s 1997 Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine (Council of Europe 1997; Dommel and Alexander 1997). In this paper, I explore the received justification for international bioethics—the idea that it is grounded in fundamental principles accepted in all societies—tracing it from its initial, almost off-hand, promulgation by the Nuremberg Tribunal, through its more thoughtful development by such bioethicists as Ruth Macklin, to its more complex use by the President’s Advisory Committee on Human Radiation Experiments.After a brief review of the evolution of the received justification, I discuss the viability of this justification in the face of the critique implicit in two important intellectual movements: multiculturalism and postmodernism. In the international context, multiculturalism asserts the claim that there are no common moral principles shared by all cultures. Postmodernism asserts a similar claim against all universal standards, moral and nonmoral. In the 1990s, bioethicists have attempted to respond to these claims in various ways. These responses are documented, analyzed, and then shown to be “bankrupt,” in the sense that they undercut the most important objective of moral fundamentalism: the justification of transcultural moral judgments, such as the condemnation of the Nazi doctors.A second article, which follows the present one in the same issue of the Kennedy Institute of Ethics Journal, revisits the contractarian tradition [End Page 202] of Hobbes and Locke, as it has been reinterpreted by David Gauthier (1986), John Rawls (1971, 1993), and Robert Nozick (1974), to develop the idea of negotiated moral order as the basis of international bioethics. When conceptualized as a negotiated moral order, international bioethics can accept the genuine insights... (shrink)

Is there such a thing as "business ethics?" Author Gerald J. Williams compellingly answers this question in Ethics in Modern Management. Though he agrees that greed and self-interest are at work in the business environment, he also notes that they can be found in just about every area of human endeavor, and it is a fallacy to think that one can justify these vices simply because one operates in the business environment, where such behavior might be more readily (...) condoned. But the book does not stop at establishing the faulty logic behind the "business ethics" concept. It is also designed to help managers with the process of education and moral reflection by describing three approaches to morality--cultural moral relativism, utilitarianism, and Thomistic natural law--and showing how each approach attempts to solve real-life ethical conflicts in the business world. (shrink)

In the debates concerning the ethics of human enhancement through biological or technological modifications, there have been several appeals to the concept of human dignity, both by those favouring such enhancement and by those opposing it. The result is the phenomenon of ‘dignity talk', where opposing sides both appeal to the concept of human dignity to ground their arguments resulting in a moral impasse. This article examines the use of the concept of human dignity in (...) the enhancement debates and reveals that the problem of dignity talk arises because proponents of various positions tend to ground human dignity in different features of the human individual. These features include species-membership, possession of a particular capacity, a sense of self-worth, and moral behaviour. The article proposes a solution to this problem by appealing to another feature of human beings, namely their being-in-relationship-over-time. Doing so enables us to understand dignity as a concept that affirms the worth of human individuals as complex, multidimensional wholes, rather than as isolated features. Consequently, the concept of human dignity can serve both a descriptive and a normative function in the enhancement debates. At a descriptive level, asking what advocates of a position mean when they refer to human dignity will reveal what aspects of being human they deem to be most valuable. The debate can then focus on these values. The normative function, although it cannot proscribe or prescribe all enhancement, approves only those enhancements that contribute to the flourishing of human individuals as multidimensional wholes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Renewing Moral Theology: Christian Ethics as Action, Character, and Grace by Daniel A. WestbergHoward HarrisRenewing Moral Theology: Christian Ethics as Action, Character, and Grace Daniel A. Westberg DOWNERS GROVE, IL: IVP ACADEMIC, 2015. 281 PP. $25.00Renewing Moral Theology by Daniel Westberg has two professed purposes—to be a moral theology text for seminary use and to be a book with wider public appeal. Short chapters, (...) real-life examples, simple reading lists, and unobtrusive footnotes make it accessible to that wider public. Yet the rigor and careful argument will satisfy the need in many introductory classrooms for a moral theology text that is cognizant of Aquinas, Vatican II reforms, and Anglican scholarship.Westberg sees the 1960s as a disruptive time for ethical thought in the Anglican tradition, with the "shifting and seductive winds" of situation ethics gaining sufficient sway to sweep away the prevailing systematic approach to moral theology (9). He seeks to follow an Anglican path of mutual enrichment, blending Evangelical emphases and Catholic moral philosophy. Virtue ethics, with its roots in Aristotle and Aquinas and its more recent renaissance, is at the core of the book. Part 1 deals with moral reasoning and action, while part 2 discusses the seven principal virtues: wisdom in action, justice, fortitude, self-control, faith, hope, and love.The initial focus is on practical reasoning, action, and character, acknowledging that many daily questions have a moral component yet do not require casuistry and law for resolution. Westberg puts forward a four-stage model of practical reason involving intention, deliberation, decision, and execution, sourced from Aquinas (reminiscent of James Rest's Four Component Model). The model is used to show that both intellect and will must be engaged and that the process can be iterative. The importance of the Holy Spirit in the forming of character and in the infusion of the theological virtues is made clear in Westberg's elucidation of the sequence through practical reasoning to action. Christian ethics is different, and Christians need "a new way of explaining Christian discipleship" (18).Part 2 begins with a useful introductory chapter about the development of virtues, with a focus on Christ and a caution against vagueness, against reducing morality to an undefined love that is of little relevance in either deliberation or action. In the discussion of individual virtues, Westberg brings together traditional scholarship, including Aquinas, Augustine, Aristotle, and Barth, with contemporary work from theology, philosophy, and psychology including Hauerwas, O'Donovan, and Veritatis splendor. Westberg questions the idea, grounded in Aristotle, that excellence in a virtue lies in a mean between extremes, wondering [End Page 203] aloud if Aristotle went too far in this (152). The treatment of love includes an examination of the nature of agape in which Westberg sets out to show that this Christian love ought not be seen as self-sacrificing but as mutual and nurturing. The Gospel basis is apparent here as the argument is grounded on "God is love" (1 John 4:16); on examples of Jesus showing preferential love for the disciples and Lazarus, Martha, and Mary; and on "a mutuality of love in the Godhead," before noting parallels to Aristotle's notions of friendship (238–40).Throughout the book difficult questions are not shunned, with diversion avoided by pointing to alternative sources of more detailed analysis; animal ethics, loving one's enemies, and whether non-Christians can be "good" are dealt with in this way, while the implications of biblical teaching on sin receives a longer treatment. Renewing Moral Theology puts Christ at the center of a discussion of how to live well. It is accessible to the Christian who has an interest in moral questions while being sufficiently tightly argued for the introductory classroom at which it is also aimed.Howard HarrisUniversity of South AustraliaCopyright © 2017 Society of Christian Ethics... (shrink)

Establishing acceptable norms of behavior and consistent standards of conduct has been part of the human enterprise since the dawn of time. Without principles of ethics and the moral rules that affect individual behavior, humankind would plunge into a state of chaotic indifference, insecurity, and unending fear. But while few question the need for moral guidance, a growing number of people believe that the only ethic worth considering must rest on a biblical foundation. Is morality dependent (...) upon God and "revealed truths" found in scripture? Must this claim be accepted without question lest we risk the torment of eternal damnation for questioning it? Without critical evaluation and careful scrutiny, there is little hope of distinguishing truth from unfounded belief. How valuable is the Bible as a source for ethical truth? Do the scriptures truly have the insight needed to guide humankind safely through the moral dilemmas of modern society? What constitutes a biblical ethic? Should the Bible be construed as the only basis for moral teaching? Is it really the final authority on moral issues, or are there secular alternatives that can serve as guides to acceptable conduct within the human community? A distinguished group of social philosophers, biblical scholars, and ethicists met at the University of Richmond, Virginia, under the aegis of the Committee for the Scientific Examination of Religion and its Biblical Criticism Research Project, to address these and related questions. The essays in this provocative work demonstrate a diversity of perspective and breadth of insight that will shed much needed light on the nature of ethics. The contributors to this volume include: Robert S. Alley, Joe Edward Barnhart, Joseph L. Blau, Frank E. Eakin, Jr., Lewis S. Feuer, Joseph Fletcher, Theodor H. Gaster, James H. Hall, R. Joseph Hoffmann, Paul Kurtz, Gerald A. Larue, John Priest, Ellis Rivkin, Richard L. Rubenstein, and Richard Taylor. (shrink)

In Risk and Luck in Medical Ethics Donna Dickenson explains in brilliant fashion the tension between ethics and luck, be it luck in outcomes of action on the one hand or luck in antecedent circumstances, in the problems that have to be faced, or character on the other. According to Dickenson, most of the philosophical debate so far has focused on how luck in outcomes affects agents’ ability to act as morally responsible people. But Dickenson thinks it is equally important (...) to discuss how to modify one’s own luck through character development and environmental changes.Throughout her lively inquiry, packed with interesting real life case studies, Dickenson requires her readers to consider philosophers’ desire “to minimize the effects of chance on moral character and the rightness of ethical choices” , a desire so intense that it led Kant to proclaim that even if the good will was “…wholly lacking in power to accomplish its purposes … it would [still] sparkle like a jewel in its own right, as something that had full worth in itself” . Philosophers want to believe that human beings control their own destiny. Yet they fear that nothing is really in their own control, and that the foundation of morality—autonomy, choice, freedom—is illusory.Dickenson claims that we can both acknowledge the role luck and risk play in our lives and maintain a robust Kantian sense of self if we properly limit that for which we are responsible . Moral agents are not responsible for all the outcomes of their actions, but only for some. Similarly, moral agents are not responsible for the way they initially find themselves in the world; but they are responsible …. (shrink)

Liability, proportionality, and the number of aggressors -- The lesser evil obligation -- Human rights, proportionality, and the lives of soldiers -- Resolving the responsibility dilemma -- Duress and duty -- Can states be corporately liable to attack in war? -- Targeting Al Qaeda: law and morality in the us war on terror -- Adil Ahmad Haque -- Double effect and the laws of war -- Beyond the paradigm of self-defense? on revolutionary violence -- War's endings and the (...) structure of just war theory -- Moral recovery after war: the role of hope. (shrink)

The concept of human dignity is widely used in contemporary ethics and law as a foundational criterion for moral reasoning. Nonetheless, the concept has recently received criticism from various quarters. Some of this criticism has come from representatives of the animal liberation movement. The concept of human dignity is accused of underpinning an ethics that is anthropocentric and speciesist. That is, human dignity is said to be used as the basis of an ultimately unjustifiable attribution of (...) intrinsic moral worth only to human beings and to lead, consequently, to a detrimental prejudice against other species. (shrink)

This study points out the importance and meaning of apologizing as a moral value in compensating the imperfections committed by individuals in social relations and correcting the deteriorating relationships. Accepting that every person can make mistakes is the most essential element that paves the way for the emergence of apology as a virtue. It teaches one to accept that he/she may be wrong, not to consider himself superior to anyone, and arouses the will and will not to make such (...) mistakes. Apology tells the necessity to be respectful and to value other people as well as to be honest. Apologizing is like forcing a person to be honest, and it tells you about the need to care about other people and to be respectful. It is seen that different kinds of apologies are made according to the culpable, guilty person, the environment, the victim, and the situation of the defect. This study discusses the meaning of the words used in apologizing whether they mean full apology or not, the meaning of the apology, its moral dimension, and its relationship with repentance. It also discusses the reasons for the apology, apologizing strategies, accountability, assuming responsibility, proposing repairs, and making promises on not doing something wrong again. The similarity of repentance in religious traditions with apologizing was emphasized, and the relationship between forgiveness and apology was evaluated in terms of the attitudes that the parties should adopt. Finally, as a rule of value and courtesy, suggestions were made on how to provide apologies education in the family.Summary: This study draw attention to the meaning and importance of apologizing as a moral value in compensating for the imperfections that individuals have committed against each other in social relations and in correcting broken relationships. Acknowledging that every person can make mistakes is the most important element that paves the way for the emergence of an apology as a virtue. Accepting that one can be wrong teaches that one should not think of himself as superior to anyone and arouses the will and desire not to make such mistakes. Apologizing leads people to be honest and tells them about the need to care about other people and be respectful.Apologizing is admitting that the rhetoric, actions, and practices that lead to apologies are not fair, accurate, and legitimate. First, apologizing means that the person to whom we made a mistake is a human being. It means that accepting anyone can make a mistake, and we can be wrong. It gives this person the understanding that s/he should not be superior to anyone else. It also arouses a desire and will not make such mistakes anymore. Apologizing tells you the necessity of caring and respecting other people as well as forcing people to be honest. The person who apologizes to him is undoubtedly respectable. The respected person will surely appreciate to others. The basis of social order and life is mutual respect. Being able to apologize draws the individual's point of view to the end where he or she should be and provides the basis for the healthy functioning of the social order by gaining the understanding of respect for other people. Also, being able to apologize is an expression of confession, honesty, and sincerity. Apologizing in this respect is a virtue and merit. The society that values are lost and surrounded by selfishness and nihilism must be turned into virtues, and people who know the value of human beings.The good and virtuous person is not without fault, s/he is the one who apologizes for the mistakes, s/he has committed or seeks ways to redeem that mistake, s/he is the one who returns from his/her mistake. Apologizing should be not only a responsibility but also an indicator of self-confidence. It should not be forgotten that conscientious accounting is a self-judgment. S/he can quickly apologize for stepping on someone else's feet, soiling his clothes, but s/he does not think of a full apology consisting of remorse, compensation, and repair for the person who has taken away a person's right, poisoned his life and tarnished his future.When the parent says that the child should apologize, a process will be initiated for the child to consider. If the child apologizes in front of his or her parent, who points to the necessity of this, it is an important step in the child's moral education, and this indicates that the child internalizes these norms and engages in independent moral accounting. Because s/he now realizes that a value s/he defends without dictating from the outside has been violated, and therefore, has the motivation to make an apology.Arrogance is the biggest obstacle to apologizing. In men-women relations, it can be seen that women are more easily able to apologize, they do not consider apologizing as an indicator of as powerlessness and insulted as men. A manager, a boss, a leader, or a president can delay or fail to realize that his/her authority and dignity will diminish when s/he apologizes to his/her subordinate and those under his/her command. Men in the family, teachers at school, managers in the institution, boss and so on leader and authority persons refrain from apologizing by going to show and bless what they say and do to legitimize the past, to forget or reject mistakes, to prevent them from being questioned morally. This tells us the importance of internalizing the understanding of apologetics as a social culture starting with the family.Individual mistakes should be apologized for in daily life, institutional errors, as well as for some unfortunate incidents. Apologies have the potential for establishing a suitable basis for the establishment of a culture of dialogue in inter-communal relations and sharing some common values and interests. Apologies can contribute significantly to the development of a culture of tolerance, cooperation, and peaceful coexistence among communities.When a defect requiring a committed apology, the event must be evaluated not only from a unilateral perspective, but from a whole context and sides so that the perpetrator can adopt the feelings and understanding of the victim.In the apology, there should be a strategy such as an expression of regret, accountability, taking responsibility, offering repairs, and making promises on not happening again. Repentance in religious traditions is similar to an apology. In the face of apology, the victim reduces negative feelings towards the offender by forgiving and repairs the relationship. Apologies are a reputation-protecting action for the victim, while a discreditable step is taking place for the wrong person. It is also important to forgive and protect the reputation of the person who made a mistake. Like the cultural past, gender causes men and women to choose different apology strategies. Various forms of apology are also influenced by factors such as age, income status, occupation, and ethnicity. The time to apologize, the environment, the mood of the interlocutor must be well calculated. If enough care is not given to them, the apology may not reach its purpose, and thus, there is no possibility of correcting the broken relationship. Since childhood, it is important to teach individuals that a person may have been guilty by making mistakes towards others, society and the environment. Also, individuals should be educated on apologizing from others when needed. The child should apologize when he/she makes a mistake by taking the model in his / her family and the people around him and should be forgiving in cases made against him/her. (shrink)

This article delves into the philosophical theses on law and ethics as presented by Thomas Hobbes and Immanuel Kant, with a focus on the notion of resistance in a legal context. It contrasts Hobbes’ advocacy for nearly unrestricted state authority and a morality closely tied to the state, against Kant’s emphasis on moral law and natural rights as the underpinnings of legality. A pivotal discussion point is Kant’s perceived contradiction in supporting a fundamental right to freedom while limiting the (...) right to resist laws that infringe upon this freedom. By comparing these philosophical authors, the article posits that Kant’s theory of resistance requires integration with his broader ethical views, suggesting that human rights should constrain positive law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Narcissism, Empathy and Moral ResponsibilityRonald W. Pies, MD (bio)Professor Fatic’s timely and wide-ranging essay demonstrates how the topic of narcissism has undergone a resurgence of interest in recent decades. This may owe, in part, to the controversial claim that narcissism is on the rise in the United States, at least among American college students (Twenge & Foster, 2010). As I discuss presently, the term “narcissism” is open to (...) many interpretations, and differs somewhat from the specific designation, Narcissistic Personality Disorder (NPD), as defined in the Diagnostic and Statistical Manual of Mental Disorders, 5th edition (American Psychiatric Association, 2013). As Fatic rightly notes,Narcissism as a personality structure may or may not be diagnosed as NPD, depending on various criteria, perhaps most importantly on whether the narcissistic person actually encounters functional and emotional difficulties and shows up for diagnosis and evaluation.As Professor Fatic’s essay clearly shows, narcissism (variously defined) has important “ethical ramifications.” Fatic is primarily interested in exploring the relationship between what he calls the narcissist’s “emotional incompetence” and that person’s degree of moral responsibility. To oversimplify Fatic’s complex set of interlinked arguments, Fatic concludes that “emotional incompetence does not in fact reduce the moral responsibility of a narcissist person, whether diagnosed with Narcissistic Personality Disorder or not.” Drawing on the moral theories of Philip Pettit and Michael Slote—in particular, Slote’s “sentimentalist ethics” with its emphasis on empathy (Slote, 2004)—Fatic argues that narcissism is both “a moral failure and a psychopathology.” Nevertheless, for Fatic, narcissists remain “fully morally responsible for their insensitivity and interpersonal emotional incompetence.” Why? Because they have the moral duty “to acquire the moral and emotional competence required for the making of moral choices.”Some Philosophical ConcernsAs I understand Fatic’s argument, he is asserting that the narcissist ought to be held responsible for a kind of self-education process that will ameliorate his or her emotional incompetence. Fatic writes,[W]e develop our morality through constant moral education and testing, which we receive both through socialization and through our own efforts later in life, as autonomous human beings. [End Page 173]We are thus responsible for what kind of moral actors we are and are becoming based on our way of life, and have a moral duty to improve our own moral senses and sensibilities by constantly working on the development of virtues.It seems to me that this line of reasoning assumes that all, or most, narcissists possess the capacity to seek and acquire this “moral education.” Perhaps so—but I am not sure Fatic has demonstrated this. It seems at least plausible that, in virtue of the adverse developmental and perhaps even neurological factors that may generate the narcissistic personality (Fan et al., 2011), some narcissists may lack the capacity to modify their psychopathology by means of “moral education.” This leads me to wonder whether Professor Fatic has adequately explored the very heterogeneous nature of narcissism. Indeed, Fatic’s thesis seems to point toward a kind of Platonic “essence” of narcissism, conveyed by his frequent allusion to “the narcissist”—one of whose defining or essential features is said to be a lack of empathy.But, as I will suggest presently, this is at best an oversimplification of narcissism as psychiatrists understand the term. Indeed, there are degrees and varieties of narcissism, differing in their capacity for empathy—which is itself a psychologically complex term. Recent research suggests that “narcissistic personality disorder symptomatology does not reflect a “narcissist” category but rather a continuum of narcissistic pathology” (Aslinger, Manuck, S. Pilkonis, Simms, & Wright, 2018).Furthermore, Professor Fatic’s thesis seems to view “moral responsibility” as a binary construct; i.e., either one possesses, or does not possess, full moral responsibility. But as I have argued elsewhere, moral responsibility may be viewed as lying along a continuum that reflects varying degrees of voluntariness for any given individual (Pies, 2007).Consequently, in my view, any valid assessment of the “the narcissist’s” moral responsibility must consider both the heterogeneity of narcissism and the non-binary (i.e., continuous) nature of moral responsibility.One way of conceptualizing this “two-track” model is... (shrink)

Name any valued human trait—intelligence, wit, charm, grace, strength—and you will find an inexhaustible variety and complexity in its expression among individuals. Yet we insist that such diversity does not provide grounds for differential treatment at the most basic level. Whatever merit, blame, praise, love, or hate we receive as beings with a particular past and a particular constitution, we are always and everywhere due equal respect merely as persons. -/- But why? Most who attempt to answer this question (...) appeal to the idea that all human beings possess an intrinsic dignity and worth—grounded in our capacities, for example, to reason, reflect, or love—that raises us up in the order of nature. Andrea Sangiovanni rejects this predominant view and offers a radical alternative. -/- To understand our commitment to basic equality, Humanity without Dignity argues that we must begin with a consideration not of equality but of inequality. Rather than search for a chimerical value-bestowing capacity possessed to an equal extent by each one of us, we ought to ask: Why and when is it wrong to treat others as inferior? Sangiovanni comes to the conclusion that our commitment to moral equality is best explained by a rejection of cruelty rather than a celebration of rational capacity. He traces the impact of this fundamental shift for our understanding of human rights and the norms of anti-discrimination that underlie it. (shrink)

Robot ethics encompasses ethical questions about how humans should design, deploy, and treat robots; machine morality encompasses questions about what moral capacities a robot should have and how these capacities could be computationally implemented. Publications on both of these topics have doubled twice in the past 10 years but have often remained separate from one another. In an attempt to better integrate the two, I offer a framework for what a morally competent robot would look like and discuss (...) a number of ethical questions about the design, use, and treatment of such moral robots in society. Instead of searching for a fixed set of criteria of a robot’s moral competence I identify the multiple elements that make up human moral competence and probe the possibility of designing robots that have one or more of these human elements, which include: moral vocabulary; a system of norms; moral cognition and affect; moral decision making and action; moral communication. Juxtaposing empirical research, philosophical debates, and computational challenges, this article adopts an optimistic perspective: if robotic design truly commits to building morally competent robots, then those robots could be trustworthy and productive partners, caretakers, educators, and members of the human community. Moral competence does not resolve all ethical concerns over robots in society, but it may be a prerequisite to resolve at least some of them. (shrink)

Incentives and reasons -- Values and human nature -- Right and wrong -- Questions of trust -- Autonomy and freedom -- Obedience, freedom, and engagement : or utility? -- Society, property, and commerce -- On justice -- Using freedom well -- Judging : legal cases and moral questions -- Practical reason, law, and state.

Offers the view that only an interdisciplinary view grounded in the impartial method of scientific inquiry can hope to develop moral principles and rules of action appropriate to today's world. Daleiden, a lecturer and author, argues that only a scientific understanding of human nature in conjunction with a rigorous empirical analysis of human behavior and its consequences can provide a basis for formulating sets of norms best suited to society's needs. He reviews various systems of ethics, from (...) those proposed by the ancient Greeks to the theories of 20th-century thinkers, in his discussion of modern ethical issues such as abortion, capital punishment, euthanasia, drug use, sexual behavior, and pornography. Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: The Negotiable and the Non-NegotiableRobert Baker (bio)AbstractThe preceding article in this issue of the Kennedy Institute of Ethics Journal presents the argument that “moral fundamentalism,” the position that international bioethics rests on “basic” or “fundamental” moral principles that are universally accepted in all eras and cultures, collapses under a variety of multicultural and postmodern critiques. The present article looks to the contractarian (...) tradition of Hobbes and Locke—as reinterpreted by David Gauthier, Robert Nozick, and John Rawls—for an alternative justification for international bioethics. Drawing on the central themes of this tradition, it is argued that international bioethics can be rationally reconstructed as a negotiated moral order that respects culturally and individually defined areas of nonnegotiability. Further, the theory of a negotiated moral order is consistent with traditional ideals about human rights, is flexible enough to absorb the genuine insights of multiculturalism and postmodernism, and yet is strong enough to justify transcultural and transtemporal moral judgments, including the condemnation of the Nazi doctors at Nuremberg. This theory also is consistent with the history of the ethics of human subjects experimentation and offers insights into current controversies such as the controversy over changing the consent rule for experiments in emergency medicine and the controversy over exempting certain clinical trials of inexpensive treatments for preventing the perinatal transmission of AIDS from the ethical standards of the sponsoring country.The Preamble to the Council of Europe’s (1997) Convention on Human Rights and Biomedicine, the most recently ratified code of international bioethics, is noteworthy because it never mentions “principles,” the concept most frequently cited by the fundamentalists as basic to international bioethics. Instead it stresses rights, a concept that has been utterly ignored by the fundamentalist theorists of international bioethics. The Preamble exemplifies a conception of international [End Page 233] bioethics as an ethics of covenants and conventions grounded in human rights. In the full text of the Preamble, the term “rights” appears eight times and the expressions “convention” and “covenant” are used six times; the term “principle” does not appear at all. In this essay, I develop a theoretical framework for international bioethics based on conventions, covenants, and areas of “nonnegotiability”—a concept that serves as a functional analogue to the traditional notion of “human rights.” I also shall argue that, unlike the theory of basic principles central to moral fundamentalism, the theory of negotiated morality appears immune to the multicultural and postmodern critiques of international bioethics that were analyzed in the preceding article in this issue of the Kennedy Institute of Ethics Journal (Baker 1998).Negotiated Moral Order: A Model for International BioethicsReconsidering ContractarianismThe linkage of “conventions” and “covenants” with human rights that is evident in the Council of Europe’s Convention on Human Rights and Biomedicine traces back directly to the moral and political theories of Thomas Hobbes and John Locke. Such philosophers as David Gauthier (1986), Robert Nozick (1974), and John Rawls (1971, 1993) recently have reinvigorated this classic contractarian line of analysis. In this section, I shall reconsider classical contractarian theory from a perspective informed by these more recent analyses.The most riveting feature of all forms of contractarian theory is the metaphor of the contract itself, particularly the legitimating role it accords to assent. Because contractarians look to the assent of those who would be bound by a moral norm as ultimately the sole source of a norm’s legitimacy, the most important corollary of contractarian moral theory is that moral norms are illegitimate insofar as agents either in principle could not, hypothetically would not, or actually will not rationally assent to be bound by them. Contractarians also argue that because legal norms are legitimated by acceptance of the authority of those who promulgate them, the authority of such norms is bounded by the actual or hypothetical assent of the governed. These features of contractarian analysis generate the correlative concepts of human rights and civil rights.Less often remarked, but nonetheless integral to the metaphor of the social contract, is the contractarian recognition that the interests of the [End Page 234] parties who contract to form civil society are naturally in conflict (or, as Hobbes put... (shrink)

Both Kant and Levinas contrast morality with a vision of the lives of animals, governed by self-interested instincts. Despite this shared Hobbesian-Darwinian account of the struggle for existence, there are significant differences: Kant positions reason as the path to transcending instinct and inclination, through respect for the moral law, but as a survivor of the Shoah, Levinas claims that reason is continuous with self-interested motivations, and the ethical should instead be understood as a form of anarchy (...) that traumatizes the self-possessed, autonomous subject. Central to both accounts is a commitment to ethics as the transcendence of animality, and we should question whether that shared association between animality and self-interested violence is warranted. (shrink)

This article examines two cases that present ethical challenges encountered by social workers in making decisions either to maintain professional boundaries or fulfil moral obligations while working with service users in vulnerable situations. In the first case, a Lebanese social worker narrates how she was motivated to step out of her official responsibilities to assist a refugee mother of three who showed suicidal ideation. In the second case, a Ugandan social worker recounts her experience while working with a (...) family whose 12-year-old daughter was raped and became pregnant, but whose parents refused to accept abortion when medical diagnosis showed that the girl’s life was in danger. A commentary from the authors is provided after each case. Both social workers were arguably motivated to act based on their concern to care for people, protect human rights, and save lives in the two case scenarios. This underscores the relevance of the ethics of care and virtue ethics in describing the associated ethical challenges in both cases. Furthermore, the dynamic nature of the ethical challenges encountered by the social workers demands open minds and flexibility in decision-making. (shrink)

The death of a person is a tragedy while the explosion of a lifeless galaxy is a mere firework. The moral difference is grounded in the nature of humans: humans have intrinsic worth, a worth that makes their fate really matter. This is the worth proposed as the foundation of ethics. Ethics in the usual sense of right and wrong actions, rights and virtues, and how to live a good life, is founded on something more basic (...) that is not itself about actions, namely the worth of persons. Human moral worth arises from certain properties that distinguish humans from the rest of creation (though some animals share a lesser degree of those properties): rationality, consciousness, the ability to act for reasons, emotional structure and love, individuality. This complex package makes humans the "piece of work" of which Hamlet says, “How noble in reason, how infinite in faculty." The Worth of Persons establishes a foundation for ethics in the equal worth of persons, which makes ethics absolutely objective and immune to relativist attacks because it is based on the metaphysical truth about humans. Endless debate about ethical dilemmas, rules, and principles fails to connect with what is really important ethically, that is, what makes humans matter. (shrink)

The public debate on climate change is filled with moral claims. However, scientific knowledge about the role that morality, ethics, and values play in this issue is still scarce. Starting from this research gap, we focus on corporations as central decision makers in modern society and analyze how they respond to societal demands to take responsibility for climate change. While relevant literature on business ethics and climate change either places a high premium on morality or presents a strong skeptical (...) bias, our sociological model depicts morality as an indeterminate force: it can lead to both workable solutions or merely reinforce the status quo, depending on what different corporations make of it. We describe, on the one side, the diffusion of moral values in the media discourse on climate change and, on the other side, the specific responses of corporations. While the media discourse generates a pressure on corporations to act responsibly, their moral claims do not provide clear advice for action. As a result, morality becomes available to organizations as a medium that can be re-specified according to their internal dynamics. Corporations transform moral values into something compatible with their own structures through a variety of different responses: introducing formal ethical structures (e.g., codes of conduct), initiating value-oriented projects, or developing informal moral norms, and so on. In some occurrences, morality becomes a mere façade, while in others it serves as a decision-making criterion and deeply influences core activities in firms. (shrink)

Writers on human dignity roughly divide between those who stress the social origins of this concept and its role in marking rank and hierarchy, and those who follow Kant in grounding dignity in an abstract and idealized philosophical conception of human beings. In these lectures, Jeremy Waldron contrives to combine attractive features of both strands. In the first lecture, Waldron presents a conception of dignity that preserves its ancient association with rank and station, thus allowing him to tap (...) rich historical resources while avoiding what many perceive as the excessive abstraction and dubious metaphysics of the Kantian strand. At the same time he argues for a conception of human dignity that amounts to a generalization of high status across all human beings, and so attains the appealing universality of the Kantian position. The second lecture focuses particularly on the importance of dignity - understood in this way - as a status defining persons' relation to law: their presentation as persons capable of self-applying the law, capable of presenting and arguing a point of view, and capable of responding to law's demands without brute coercion. Together the two lectures illuminate the relation between dignity conceived as the ground of rights and dignity conceived as the content of rights; they also illuminate important ideas about dignity as noble bearing and dignity as the subject of a right against degrading treatment; and they help us understand the sense in which dignity is better conceived as a status than as a kind of value. (shrink)

As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent. In this lucid and vigorous book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just why (...) we are required by practical rationality to respect and not violate key demands generated by the primary goods of persons, especially human life. Important issues that shape the moral quality of an action are explained and analysed: intention/foresight; action/omission; action/consequences; killing/letting die; innocence/non-innocence; person/non-person. Paterson defends the central normative proposition that ‘it is always a serious moral wrong to intentionally kill an innocent human person, whether self or another, notwithstanding any further appeal to consequences or motive’. (shrink)

Graffiti, as a form of artistic and social expression, has long been entangled in debates concerning its legitimacy, ethics, and cultural significance. Initially serving as a medium for creative expression and social communication, graffiti has evolved from an act of defiance to a widely recognized form of urban artistry. However, this transformation raises deeper philosophical and theological questions about the nature of artistic legitimacy, the moral implications of public space utilization, and the tension between transgression and sacred expression. Is (...) graffiti an act of rebellion against authority, or does it serve as a reflection of deeper existential and spiritual inquiries? Rooted in historical traditions of visual storytelling, from prehistoric cave paintings to religious iconography, graffiti occupies a unique space between vandalism and sacred art. Its presence in urban landscapes often symbolizes dissent and marginalized voices, yet it also engages with the broader philosophical discourse on freedom, moral agency, and the sanctity of public expression. The increasing acceptance of graffiti as a legitimate art form further complicates the boundary between crime and creative expression, raising ethical concerns about ownership, space, and cultural identity. This study explores graffiti’s evolution through a lens of religious and philosophical reflection, analyzing its role in shaping public consciousness, its intersection with ethical discourse on transgression and creativity, and its potential as a medium for spiritual and social transformation. By tracing graffiti’s historical roots, examining the debates surrounding its moral and aesthetic value, and considering its future trajectory in the democratization of public space, this paper argues that graffiti should not be viewed solely through the dichotomy of legality and illegality. Instead, it should be examined as an evolving cultural and philosophical phenomenon that challenges conventional notions of art, morality, and the human search for meaning in public expression. Future research should further explore graffiti as a contemporary manifestation of sacred and profane spaces, its parallels with religious artistic traditions, and its role in redefining ethical and spiritual engagement with the urban environment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CHRIST, MORAL ABSOLUTES, AND THE GOOD: RECENT MORAL THEOLOGY* SERVAIS PINCKAERS, O.P. University of Fribourg Fribourg, Switzerland I CARLO CAFFARA'S Living in Christ (which appeared in Italian in 1981) was well worth the translating. It presents a fairly complete exposition of Christian moral teaching in a readable style and convenient format and provides principles needed to address the ethical problems most widely discussed today. (...) It is a synthesis of traditional basic ethics which has been revised in the light of profound reflection on values and broa,dened to include the contributions of Christian revelation and tradition. Because of these factors, this book helps us to understand recent stances of the Magisterium towards moral problems by attempting to show the motivations behind these stances. Compared with ethics manuals used in Catholic teaching during recent centuries, this work indicates considerable progress on both philosophical and theological levels and thus responds to the Council's express desire for a renewal of moral theology. The author's reflection focuses on the philosophy of values, *Books considered in this essay: Carlo Caffara, Living in Christ: Funda· mental Principles of Catholic Moral Tea,ching, trans, Christopher Ruff (San Francisco: Ignatius Press, 1987); William E. May, Moral Absolutes, Catholic Tradition, Current Trends and the Truth (Milwaukee: Marquette University Press, 1989) ; Eberhard Schockenhoff, Bonum Hominis: Die anthropologischen und theologischen Grundlagen der Tugendethik des Thomas von Aquin (Mainz: Matthias-Grunewald-Verlag, 1987). 117 118 SERVAIS PINCKAERS, O.P. which he directs to the consideration of the human person. Moral Vialue, the first 'given' of human experience, is specific to the person and can be defined as the development of man qua man aecording to his own nature. Va1ues are reflected in the moral norms which manifest them and receive from them their universality and unchangeable character. They extend into the judgment of conscience, which a:gplies them to a concrete person in the particular circumstances of his action. We thus have a personrulistic view of morality, whose objectivity and truth are rooted in the exigencies of reason in conformity with the dignity of the free and responsible person. The natural law, written in the human heart and inscribed by the God of the Covenant on the two tables of the deoologue, brings out in relief the fundamental commandments. This exposition of momlity is at the same time frankly Christian and reintrodu.ces important dimensions into Catholic moral teaching. The neglect of these dimensions in classic manuals could 1egitimately be deplored; too great a separation was effected between moral and dogmatic theology, spirituality and Scripture. But here all you need do is look at the table of contents to realize the care with which the author has reopened the lines of communication, not only on the ideological level but also on the basis of Christian experience, which undergirds the entire study. This comes through notably at the end of eruch chapter, in lengthy quotations from spiritual authors entitled " Meditation of the Bride." To summarize briefly, the book is divided into three parts: I. The Foundation: the Fundamental Principle of Christian Ethics; II. The Mediation: Living in Christ in History; III. The Response: the Actualization of Life in Christ. Part I shows the Trinitarian dimension of Christian morality : it is a life in Christ, a development of union with His person begun in Baptism, growing under the ruction of the Holy Spirit and his Gifts, reaching to the glory of the Father who called him in creating him. Thus morality is itself explicitly Christian. The author RECENT MORAL THEOLOGY 119 brings things to a climax by showing how in God's historical design the moral life, which proceeds from the dignity of man, finds its fulfillment in man's consent to the creative action which has destined him to share in the divine life, freely offered in Christ. The act whereby God wills us to be persons is the same act by which He orders us to Himself. Our predestination in Christ is, therefore, the ultimate foundation of morality, the definitive guarantee of respect for the person and of the commandment that we should love others as God loves us. Part II treats of the " mediations " of the moral... (shrink)

This article tries to discuss the potential dangers of proposing a world order in the form of the morally based idea of perpetual peace as it is developed by Kant and further propagated by Habermas and Derrida. Drawing on a distinction between the Kantian idea of morality (Moralität) attributed to the internality of man via its theological connection with god and an idea of ethics akin to Aristotelian and/or Hegelian notions (ethos or ethical life – Sittlichkeit), the article posits (...) the question of the role of morality in the formation of the idea of perpetual peace. While doing this, it will also discuss some of the dangers of imposing a moral law under the pretext of moral necessity onto a humanity who may not will to adhere to the same principles. Thus, even though it does not discuss human rights directly, all the argument revolves around the question of the status of universal human rights as the law of the cosmopoli- tan world and the institutions imposing that law on today’s nations. (shrink)

As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent. In this lucid and vigorous book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just why (...) we are required by practical rationality to respect and not violate key demands generated by the primary goods of persons, especially human life. Important issues that shape the moral quality of an action are explained and analysed: intention/foresight; action/omission; action/consequences; killing/letting die; innocence/non-innocence; person/non-person. Paterson defends the central normative proposition that ’it is always a serious moral wrong to intentionally kill an innocent human person, whether self or another, notwithstanding any further appeal to consequences or motive’. (shrink)

In normative terms, human dignity usually implies two consequences: human beings cannot be treated in some particular ways due to their condition as humans; and some forms of life do not correspond to the ideal life of our community. This study consists in discussing the meaning of this idea of human dignity in contrast to the concept of humiliation in the context of institutional, i.e. political and legal, rights. Two concepts of human dignity will be discussed. (...) The first absolute/necessary and formal/transcendental concept implies the proposition “because human beings have dignity, the following cluster of rights is valid”. Conversely, the second contingent and material concept corresponds to the thought “for being able to live in dignity, we must respect the following rights”. This paper claims that human dignity should be understood as the right to be protected from humiliation. Humiliation is the situation of incapacity or absence of self-determination. (shrink)

The article analyzes the dignity of a person in secular and Orthodox aspects. The authors argue that every phenomenon of the material and spiritual world is objectively inherent in internal contradictions, so it is not an exception and an idea of human dignity in secular and religious contexts. The research methods are comprehensive and based on the philosophical, anthropological and philosophical and cultural analysis of human dignity in secular and Orthodox dimensions. Discussion. The concepts of «secular» (universal) and (...) «Christian» morality are characterized and distinguished. The authors argue that the latter comes from a supernatural source, from a moral law, the basis of which is the belief in the immortality of the human spirit. Christian morality provides such norms of behavior of people in which the biblical moral commandments are observed.The roots of the universal morality are in a culture that has produced a humanistic outlook, within which a person is recognized as self -sufficient value, capable of asserting his dignity, transforming himself and the world without the intervention of a transcendental super -sensory nature (God). The universal morality is the principles and norms that regulate the behavior of people, the activities of their communities, associations in terms of universally recognized ideas about good and evil, honesty and disobedience, honesty and dishonesty. Finally, the article suggests that, despite the differences, and sometimes contradictions in the understanding of the essential manifestations of human dignity between secular and Christian contexts, quite obvious to both aspects is the understanding that the leading place should be occupied by the personality that manifests itself manifestation and individual aspiration, in the depths of its own consciousness and in its desire for free self -determination and creativity, as a prerequisite for the affirmation of one’s dignity. (shrink)

This paper investigates how human interactions with AI-powered chatbots may offend human dignity. Current chatbots, driven by large language models (LLMs), mimic human linguistic behaviour but lack the moral and rational capacities essential for genuine interpersonal respect. Human beings are prone to anthropomorphise chatbots—indeed, chatbots appear to be deliberately designed to elicit that response. As a result, human beings’ behaviour toward chatbots often resembles behaviours typical of interaction between moral agents. Drawing on a (...) second-personal, relational account of dignity, we argue that interacting with chatbots in this way is incompatible with the dignity of users. We show that, since second-personal respect is premised on reciprocal recognition of second-personal moral authority, behaving towards chatbots in ways that convey second-personal respect is bound to misfire in morally problematic ways, given the lack of reciprocity. Consequently, such chatbot interactions amount to subtle but significant violations of self-respect—the respect we are dutybound to show for our own dignity. We illustrate this by discussing four actual chatbot use cases (information retrieval, customer service, advising, and companionship), and propound that the increasing societal pressure to engage in such interactions with chatbots poses a hitherto underappreciated threat to human dignity. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Whatever ethical stance one takes in the debate regarding the ethics of human enhancement, one or more reference points are required to assess its morality. Some have suggested looking at the bioethical notions of safety, justice, and/or autonomy to find such reference points. Others, arguing that those notions are limited with respect to assessing the morality of human enhancement, have turned to human nature, human authenticity, or human dignity as reference points, thereby introducing some (...) perfectionist assumptions into the debate. In this article, we ask which perfectionist assumptions should be used in this debate. After a critique of views that are problematic, we take a positive approach, suggesting some perfectionist elements that can lend guidance to the practice of human enhancement, based on the work of Martha Nussbaum's Capability Approach. We suggest that the central capabilities can be used to define the human aspect of human enhancement and thereby allow a moral evaluation of enhancement interventions. These central capabilities can be maximized harmoniously to postulate what an ideal human would look like. Ultimately, the aim of this article is twofold. First, it seeks to make explicit the perfectionist assumptions found in the debate and eliminate those that are problematic. Second, the paper clarifies an element that is often neglected in the debate about human enhancement, the view of the ideal human towards which human enhancement should strive. Here, we suggest that some central capabilities that are essential for an ideal human being can be maximized harmoniously and can therefore serve as possible reference points to guide human enhancement. (shrink)

1Preface: Malthus the Utilitarian vs. Malthus the Christian moral thinker. The chapter aims at reconstructing the deadlocks of Malthus scholarship concerning his relationship to utilitarianism. It argues that Bonar created out of nothing the myth of Malthus’s ‘Utilitarianism’, which carried, in turn, a pseudo-problem concerning Malthus’s lack of consistency with his own alleged Utilitarianism; besides it argues that such misinterpretation was hard to die and still persists in Hollander’s reading of Malthus’s work. ● -/- 2 Eighteenth-century Anglican ethics. The (...) chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology and how two Cambridge fellows, John Gay and Thomas Brown worked out a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number of possible sets of laws on the basis of a maximizing criterion, happiness for his creatures. ● -/- 3 Malthus’s meta-ethics. The chapter reconstructs the two ethical chapters of the second Essay. It argues that Malthus’s ethics is not dependent on Paley’s, but is derived from Cumberland, Butler, Gay, Brown. Besides, it argues that theodicy takes a new place in the 1803 Essays and ethics becomes a key to theodicy. The new solution is that, once it has been proved that passions can be mastered and that a world where passions are under control would be a comparatively happy place, a society where moral restraint prevailed would make the middling ranks more numerous, reduce dependence, and preserve liberty. ● -/- 4 Malthus’s early normative ethics: a morality of freedom. The chapter reconstructs young Malthus’s views on the foundations of ethics, proving his adhesion to voluntarist consequentialism. Then it reconstructs his treatment of political issues, whence a clear stance emerges in favour of traditional Whig concerns, such as political freedom, personal independence and dignity. Finally, it gives a fresh look at the theological argument in the two well-known final chapters, locating it in the context of consequentialism, voluntarism, and quasi-Leibnizian theodicy. ● -/- 5 Malthus’s intermediate normative ethics: a morality of prudence. Malthus’s normative ethics focuses on two main ‘natural’ virtues, benevolence and chastity, and three artificial virtues. These include love for equality and love for liberty. A special place is granted to another virtue, prudence, which is the link between natural and artificial virtues. This special virtue also provides an invisible link between the private and the public domains, in that it contributes to combine self-love with general happiness. This is granted by the unintended results mechanism, or “the happiness of the whole is to be the result of the happiness of individuals, and to begin first with them. No cooperation is required”. ● -/- 6 Malthus’s mature normative ethics: a morality of humanity. The chapter describes reactions by Evangelicals, such as Gisborne, Sumner, and Chalmers, to Malthus’s theory and Malthus’s transformation of his own system in order to pave objections. This amounts to incorporating The Evangelicals’ ideas into his own system. The friendly controversy with his Evangelical fellow-travellers yielded several important changes in 1806, 1817, and 1826 editions of the second Essay in the formulation of Malthusian ethics, in the adoption of moral improvement instead of happiness as the variable to be maximised, in the adoption of generalized education as the main weapon in the war on poverty. ● -/- 7 Malthus’s applied ethics. The chapter reconstructs Malthus’s treatment of a few issues in ‘applied ethics’, sexual morality, public morality, poverty, and besides, war and slavery. On the first issue, he argues the duty to marry only at a time when one is ready to carry the burden of six children as a moral duty imposed by prudence and rejects birth control because of its alleged effect of encouraging ‘indolence’. On the second issue, he defends a peculiar kind of Whiggism as anti-Machiavellian politics centred on rights, equality, and dignity. On the third issue, his final approach is a kind of Institutional approach to poverty, making room for generalized basic education, free markets for labour and allowing for a subsidiary role for private beneficence. The goal to be aimed at is bringing about circumstances which tend to elevate the character of the lower classes of society and offer them a chance of being respectable, virtuous and happy. ● -/- 8 Conclusions: strengthening the theological foundation. Malthus’s criteria for policy appraisal were not utilitarian ones. His normative ethics and his politics were sharply different from Bentham’s. Utility is just one element in Malthus’s ethics, going with laws of nature and rights, and ironically, far from being a Benthamite insertion, is the most markedly theological element in Malthus’s system of ideas. ● -/- . (shrink)