Is it rational to be moral? How do rationality and morality fit together with being human? These questions are at the heart of David Schmidtz's exploration of the connections between rationality and morality. This inquiry leads into both metaethics and rational choice theory, as Schmidtz develops conceptions of what it is to be moral and what it is to be rational. He defends a fairly expansive conception of rational choice, considering how ends as well as means can be rationally chosen (...) and explaining the role of self-imposed constraints in a rational life plan. His moral theory is dualistic, ranging over social structure as well as personal conduct and building both individual and collective rationality into its rules of recognition for morals. To the "why be moral" question, Schmidtz responds that being moral is rational, but he does not assume we have reasons to be rational. Instead, Schmidtz argues that being moral is rational in a particular way and that beings like us in situations like ours have reasons to be rational in just that way. This approach allows him to identify decisive reasons to be moral; at the same time, it explains why immorality is as prevalent as it is. This book thus offers a set of interesting and realistic conclusions about how morality fits into the lives of humanly rational agents operating in an institutional context like our own. (shrink)

It is extraordinary, when one thinks about it, how little attention has been paid by theorists of the nature and justification of punishment to the idea that punishment is essentially a matter of self-defense. H. L. A. Hart, for example, in his famous “Prolegomenon to the Principles of Punishment,” is clearly committed to the view that, at bottom, there are just three directions in which a plausible theory of punishment can go: we can try to justify punishment on purely consequentialist (...) grounds, which for Hart, I think, would be to try to construct a purely utilitarian justification of punishment; we can try to justify punishment on purely retributive grounds; or we can try to justify punishment on grounds that are some sort of shrewd combination of consequentialist and retributive considerations. Entirely absent from Hart's discussion is any consideration of the possibility that punishment might be neither a matter of maximizing the good, nor of exacting retribution for a wrongful act, nor of some imaginative combination of these things, but, rather, of something altogether different from either of them: namely, the exercise of a fundamental right of self-protection. Similarly, but much more recently, R. A. Duff, despite the fact that he himself introduces and defends an extremely interesting fourth possibility, begins his discussion by writing as though, apart from his contribution, there are available to us essentially just the options previously sketched by Hart. Again, there is no mention here, any more than in Hart's or any number of other recent discussions, of the possibility that we might be able to justify the institution of punishment on grounds that are indeed forward-looking, to use Hart's famous term, but that are not at all consequentialist in any ordinary sense of the word. (shrink)

Imagine someone who deliberately provokes someone else into attacking him so that he can harm that person in defending himself against her attack and then claim “self-defense” when brought to court to defend himself for what he has done to her. Should he be allowed to use this defense, even though it’s clear that he has deliberately manipulated his attacker into attacking him precisely in order to be able to harm her with impunity (assuming he were allowed to use the (...) defense and thus escape legal penalties)? This question is the focal point in the paper that follows. I argue first that the case described above is indeed an instance of an “actio libera in causa,” albeit arguably one at the margins of this controversial class of cases. Then, using a view about the justification of self-defense that I have defended elsewhere, I show why I believe that, while the manipulator should not be deprived of the legal right to defend his self-defensive actions in such cases by claiming they were a legitimate matter of self-defense, there is good reason to enact laws that will allow him to be prosecuted, independently of his “self-defense” defense, for manipulating his attacker as he did, thus allowing him to harm her in self-defense and then defend his actions as purely a matter of “self-defense.”. (shrink)

In this paper I review recent philosophical work in English on the nature of emotion. I begin with the well-known attacks of Bedford, Kenny and Pitcher on what I call the traditional (i.e., Cartesian) view of the nature of emotion. I then trace and discuss the successive alternative views that have been developed in the past thirty years. My aim is both to review the development of these alternative views and to indicate what particular problems have come to be considered (...) the central problems in this area. A comprehensive bibliography of recent work in English is appended. (shrink)

The Francis Report into failures of care at Mid Staffordshire NHS Foundation Trust Hospital documented a series of ‘shocking’ systematic failings in healthcare that left patients routinely neglected, humiliated and in pain as the Trust focused on cutting costs and hitting government targets. At present, the criminal law in England plays a limited role in calling healthcare professionals to account for failures in care. Normally, only if a gross error leads to death will a doctor or nurse face the prospect (...) of prosecution. Doctors and nurses caring for patients under the Mental Health Act 1983 and the Mental Capacity Act 2005 may however be prosecuted for wilful neglect of a patient. In the light of the Francis Report, this article considers whether the criminal offence of wilful neglect should be extended to a broader healthcare setting and not confined to mental healthcare. (shrink)

Some philosophers believe that punishing convicted criminals in order to deter other, potential criminals would be morally questionable even if we had good evidence that doing so would achieve its goal, at least to a substantial degree. And they believe this because they believe that doing so would be an instance of “using” convicted criminals in a morally objectionable way. Tadros aims to show that we would indeed be “using” convicted criminals in such cases but that, while “using” others is (...) ordinarily morally wrong, there are cases in which it is in fact morally permissible . Moreover, he claims that punishing convicted criminals in order to deter other, potential criminals is an instance of “using” others that is sometimes clearly morally justifiable. My aim is to show how extraordinarily interesting some of Tadros’ arguments are but also why, in my view, they fail to establish the view he claims they support. I also suggest some ways in which Tadros might revise his arguments to support his central claim more effectively. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Intensifying Phronesis:Heidegger, Aristotle, and Rhetorical CultureDaniel L. SmithAll too well versed in the commonness of what is multiple and entangled, we are no longer capable of experiencing the strangeness that carries with it all that is simple.—Martin Heidegger, Aristotle's Metaphysics θ 1-3IntroductionIn Norms of Rhetorical Culture Thomas Farrell returns to the thought of Aristotle to develop a contemporary conception of rhetoric as a mode of practical philosophy, one (...) that foregrounds the importance of phronesis. Returning to Aristotle's work to forge contemporary conceptions of rhetoric as practical philosophy is nothing new. What is novel about Farrell's approach, however, are his thoughts on Aristotle's conception of "phainomena," or appearances. "Appearances," Farrell states, "come to us as configurations, as ensembles of objects, habitats, paths, tools, tasks, icons, and more or less recognizable characters that engage and reassure us with their... familiarity" (1993, 27). Phainomena and their stability, therefore, constitute the milieux of human life. But coupled with the stability of phainomena that lends continuity and predictability to our lives is their dynamic element of mutability, contingency, and unpredictability. Therefore phainomena can also be "ambiguous or even equivocal and incomplete," according to Farrell (27). This stable-mutable aspect of phainomena, and thus human life itself, demands that we have ways of inhabiting and responding to the worlds these phainomena constitute.Farrell cites a comment by Merleau-Ponty on Cezanne as an "apt characterization" of Aristotle's thought: Cezanne, writes Merleau-Ponty, "did not want to separate the stable things which we see and the shifting way in which they appear..." (quoted in Farrell, 27). For Farrell, Merleau-Ponty's observation concisely expresses a fundamental aspect of Aristotle's [End Page 77] thought, namely, a focus on the relation between the being of things and their dynamic modes of appearing, which are distinct but inextricably connected. Aristotle's conception of phainomena, Farrell's work suggests, offers possibilities for thinking about rhetoric as practical philosophy, a rhetoric that would be "an art of real life" (274), one that, because of the stability-contingency of real life, features the concept of phronesis.It is interesting to note that the issue of being-appearing that Farrell attributes to Aristotle sounds like a problematic of twentieth-century European phenomenology. Given Merleau-Ponty's status as one of the preeminent phenomenologists of the twentieth century, it is surprising that Farrell makes no mention of Merleau-Ponty's—or phenomenology's—interest in the dynamics of phainomena; nor does he make any explicit connections between Aristotle, rhetoric, and phenomenology. In fact, Farrell's thoughts on the connections between rhetoric and the being-appearing of phainomena are virtually eclipsed in his book when he turns to Jürgen Habermas. Farrell claims "that Habermas's project on discourse ethics, together with his practical placement of the public sphere, offers a basis for synthesizing the normative component of practical wisdom and a rhetoric goaded by emancipatory reason" (188). Farrell's interest in theorizing the enactment of "emancipatory reason" in the public sphere, through norm-governed rhetorical practices (of argumentation, deliberation, and so forth), takes precedence over theorizing the rhetoric-phainomena connection (or at the very least, does not facilitate a phenomenological consideration of rhetorical cultures and norms). This is not a criticism of Farrell, but rather the citing of an absence that opens a possibility. More specifically, because Farrell does not see, or perhaps is not interested in, the connection between his understanding of Aristotle and the problematic of phenomenology, he is not prompted to explore the possibilities that lie in bringing rhetorical studies into an encounter with phenomenology. Furthermore, given the connection Farrell makes between Aristotle and phainomena, Farrell's work suggests that it might be interesting to see what possibilities for rhetoric might exist in readings of Aristotle by phenomenologists.This essay will attempt to look into possibilities unexamined by Farrell. My aim in assuming this task, however, is not to theorize and facilitate the enactment of "emancipatory reason" in the public sphere through discourse governed by normative standards or ideals. Rather, my goal is to highlight the ways that phenomenology and phenomenological readings of Aristotle can help rhetorical scholars to examine... (shrink)