Maimonides uses Aristotelian philosophical idiom to articulate his moral philosophy, but there are fundamental differences between his and Aristotle’s conceptions of moral psychology and the nature of the moral agent. The Maimonidean conception of volition and its role in repentance and ethical self-correction are quite un-Aristotelian. The relation between this capacity to alter one’s character and the accessibility of ethical requirements given in the Law is explored. This relation helps explain why for Maimonides practical wisdom is not recognized as a (...) virtue, and why ethical perfection (a requirement for human perfection) is achievable even by those long-established in ethically unsound dispositions. The power of will to “restore the soul” (by following the prescriptions of the Law) when character is disordered is a significant departure from Aristotelian philosophical anthropology. (shrink)

This article identifies a common intellectual project of the disciplines that constitute the Humanities. It does not define the humanities but characterizes some of the main features of the distinctive and essential kind of learning uniquely attainable by their study. The humanities enable us to attain an understanding of normativity in the broadest sense; humanistic study leads to a textured, penetrating comprehension of diverse valuative matters and concerns. Moreover, study in the humanities enables us to recognize and appreciate valuative realism (...) . This is the view that valuative matters are appropriate objects of comprehension and that values are not simply projected in an expressivist or subjectivist manner. Valuative realism does not depend upon, and should not be assimilated into, knowledge that emulates the methods of the sciences. Humane studies develop a genuine understanding of diverse kinds of significance and educate people in the concepts and discourse to articulate it. (shrink)

The article explores an intersection of moral psychology and political principles regarding criminal sanction. A liberal state cannot require that persons acquire certain states of character or lead certain specific kinds of lives; it cannot require virtue. Moreover, it would be wrong for the state to punish offenders in ways that damage their capacities for agency, and in ways that encourage vice. In the U.S. the terms and conditions of punishment often have deleterious effects on agential capacities, undermining the ability (...) to reintegrate in civil society. Prison experience is often antithetical to maintaining or acquiring the dispositions of prudence, accountability, trust, and trustworthiness needed for participation in civil society, raising significant questions concerning the legitimacy of punishment. (shrink)

Civics can be distinguished from policy. Civics concerns basic principles and institutions of political and legal order. Policy concerns specific ways in which particular ends are pursued by the st...

Criminal justice in the United States is beset with several serious problems and challenges. While the issues are not entirely unique to the U.S. and can be found to some extent in other liberal de...

The main claim in this paper is that because organisms have teleological constitutions, the reduction of biology to physical science is not possible. It is argued that the teleology of organisms is intrinsic and not merely projected onto them. Many organic phenomena are end-oriented and reference to ends is necessary for explaining them. Accounts in terms of functions or goals are appropriate to organic parts and processes. siis is because ends as systemic requirements for survival and health have explanatory significance (...) with respect to the processes that contribute to and constitute them. Reductionism cannot accommodate this sort of higher-level to lower-level explanation and so cannot account for why lower-level phenomena are as they are. Reductionism, it is claimed, is ultimately descriptive and not explanatory because it cannot regard teleological requirements as themselves basic. In seeking to explain them away it forfeits explanatory power. (shrink)

A study of the ways Maimonides and Aquinas both borrow from Aristotle and depart from him, in regard to the issue of forgiveness. The paper explicates moral-psychological issues and normative issues, connecting them to the perfectionism of the philosophical anthropology shared by the three thinkers. The theistic commitments of Maimonides and Aquinas ground important departures from Aristotle regarding the possibility of moral change and regarding moral relations between persons.

This response questions whether human relationships are morally basic in the manner the author suggests, and also whether reference to human relationships is necessary for explaining moral principles, obligations, and judgments. I argue that, often, those can be explicated without essential reference to human relationships, except perhaps in the respect that the moral issues concern human beings. Also, Kellenberger maintains that immorality is to be understood in terms of “violations” of human relationships. However, features other than facts about human relationships (...) often do the main explanatory work in accounting for the wrongness of immoral actions. Indeed, it is often the case that facts about human beings are the basis for ascertaining the moral significance of human relationshipsand actions. Translation of moral principles into an idiom of human relationships would not be illuminating in a significant, novel manner. We already possess conceptual resources for explicating the moral phenomena with which Kellenberger is concerned. Those resources include concepts of elements other than, and more basic than, human relationships. (shrink)

There are several reasonable conceptions of liberalism. A liberal polity can survive a measure of disagreement over just what constitutes liberalism. In part, this is because of the way a liberal order makes possible a dynamic, heterogeneous civil society and how that, in turn, can supply participants with reasons to support a liberal political order. Despite the different conceptions of justice associated with different conceptions of liberalism, there are reasons to distinguish the normative focus of criminal justice from other aspects (...) of justice in a liberal polity. Given the fundamental commitments of liberalism?of whatever variant?there are reasons for criminal justice not to be assimilated to wider conceptions of justice overall. Such assimilation risks undermining some of liberalism's distinctive commitments concerning the standing of individuals as voluntary, responsible agents. Criminal justice is not independent of other aspects of justice but has a distinct focus in a liberal polity. (shrink)

The prelims comprise: Half Title Title Copyright Contents Preface Acknowledgments.

It is only for persons that the question, “How shall I live?” arises, and it arises inevitably, even if in an inarticulate and unreflective manner. Persons must deliberate, decide, plan, and schedule their actions. Openness with respect to ends confronts them, and they must structure and direct their lives by determining what sort of career to trace out, even if it proves to be a career of routine or unambitious undertakings. Circumstances can constrain and compel, and the openness persons confront (...) can be closed off by external factors. But it is intrinsic to the nature of persons that the exercise of capacities for thought and action may be directed this way or that. There are perhaps nonpersons whose activity is to be explained with reference to beliefs and desires. But even if they act in an end-directed way, they do not experience openness with respect to ends and do not order and orient their life histories by deliberative considerations. (shrink)

Jacobs introduces the issues, language, concepts and positions central to ethical theorizing. Entries range from antiquity to the present and basic to advance. Cross-referencing allows readers to explore topics in depth. Items explain complex issues of normative ethics, metaethics and moral psychology in non-technical language.

This chapter contains section titled: Consequentialism Kantian Non‐consequentialism Intuitionist Non‐consequentialism The Virtue‐centered Approach Contractarianism Theories, Duties, and Metaethics Where Now? Questions for Discussion and Reflection Thinkers and Their Works, and Further Reading Notes.

Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of...

A collection of ten new papers by ten authors, exploring respects in which there are Judaic sources for important (and often contested) Western moral and political ideas and ideals. It focuses on distinctively Judaic roots of the so-called 'Judeo-Christian tradition.'.

The essays in this volume bring into relief the distinctly Judaic origins of many of them and explicate how they remain valuable resources for moral and ...

The main claims are the following. If we keep before us the distinction between the justification of punishment and its aims, we see that retribution is not an aim of punishment, and that there is a central place for retributivist considerations in the justification of punishment. Justifications based upon aims or consequentialist considerations suffer from a serious epistemic vulnerability not shared by retributivism. There are ethically sound sentiments that underwrite retributivist justification, and it would be a mistake to redeploy those (...) sentiments. The ethical authority of those sentiments justifies punitive sanction. Retributivist justification is compatible with consequentialist aims. (shrink)

Jon Jacobs emphasises their distinctive contributions, emphasises the shared rational emphasis of their approach to Torah, and draws out resonances with ...

A detailed study of the moral philosophy of medieval Jewish thinkers Saadia Gaon, Bahya ibn Pakuda, and Moses Maimonides. Jon Jacobs emphasizes their distinctive contributions, emphasises the shared rational emphasis of their approach to Torah, and draws out resonances with contemporary moral philosophy.

THERE IS AN IMPORTANT RESPECT in which virtue-centered ethical realism needs to be more Aristotelian than it is typically willing to admit. This concerns the way in which teleological considerations need to be more explicitly acknowledged. Reflection on moral phenomenology, discourse, and practice supports realism and also reveals that teleological considerations cannot be entirely disowned by it. The teleology is not a grand teleology, however; it is not the view that there is a unique perfection of human nature, and it (...) is not the view that ethics is read off of a teleological metaphysics. On the other hand, this is not just the teleology of this and that particular subjective project, concern, or purposive action. (shrink)

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

This chapter contains section titled: Naturalism The Modern Debate about Naturalism Reconstructed Naturalism Non‐cognitivist Alternatives Hume and Naturalism Reconnecting Facts and Values Aristotle and Naturalism Moral Facts and Explanation What about God? Where Now? Questions for Discussion and Reflection Thinkers and Their Works, and Further Reading Notes.

Gordon Lloyd's article takes up issues of constitutional interpretation by the Supreme Court, examining the arguments in some key, early Court decisions. The discussion does not address criminal ju...

In this issue of the journal and in the August 2021 issue we are including some articles concerning Artificial Intelligence and ethics, and computer technology and ethics more broadly. Developments...

As mentioned in the April 2021 issue of the journal, we are including some articles on Artificial Intelligence and ethics, and computer technology and ethics more broadly. In February 2020, the Ins...

This chapter contains section titled: Interpretations of Objectivity Monism and Pluralism This Way to Subjectivism Subjectivity and Sentiment Subjectivism and Skepticism Relativism Where Now? Questions for Discussion and Reflection Thinkers and Their Works, and Further Reading Notes.

Many of the basic elements of Maimonides' moral psychology are Aristotelian, but there are some important respects in which Maimonides departs from Aristotle. One of those respect concerns the possibility of changing one's character. There is, according to Maimonides, redemptive possibility that Aristotle does not recognize. There is, according to Maimonides, a redemptive possibility that Aristotle does not recognize. This is based on the fact of revealed law. That is, if there is revealed law, then there is guidance for the (...) ordering of one's dispositions to what is good, even though the individual lacks practical wisdom. There is, in the Maimonidean account, both allowance for more plasticity of character, and at the same time a heightened responsibility for acknowledging what is ethically required. (shrink)

Recent developments in philosophy and in criminology indicate that there are significant respects in which the two disciplines can be mutually informing. Many philosophers are increasingly interested in exploring empirical aspects of philosophical claims, and criminologists are finding their way past the alleged fact/value distinction and are rediscovering the moral significance of facts, especially regarding punishment and desistance. In some recent criminological studies there are implicit links to the British moralists such as David Hume and Adam Smith, and to Aristotle (...) as well. This paper explicates those links and some of the possibilities for philosophy and criminology to be mutually informing. (shrink)

The notions of autonomy and self-governance each capture something crucial about the moral dimensions of agents and actions. These notions are central to the ways in which we conceptualize ourselves and others. The concept of autonomy is especially crucial to understanding the distinct status of moral agents. For its part, self-governance has a significant relation to the evaluation of agents as individuals with particular characters, leading particular sorts of lives, and performing particular actions. Neither notion—autonomy nor self-governance—fully assimilates or dominates (...) the other. Moreover, there are some important strains between them. There are certain forms of regard that the autonomy of an agent demands that are at odds with what an agent's exercise of self-governance merits. In this essay I plan to show this, and offer a diagnosis of why this is the case. (shrink)

Blame and also punishment do not reach many agents in the sense that many agents are not motivated to ethically self‐correct, and in fact, may be worsened by these practices. The main reasons agents may not be reached by them are that the agent's second nature may make inaccessible to him a sound appreciation of ethical considerations, and the fixity of mature character may make ethical self‐correction practically impossible. Still, when they are ethically rationalized, blame and punishment seem to be (...) requirements. Even the most plausible secular or naturalistic ethics involves an important kind of incompleteness and unclarity concerning this issue. The Jewish and Christian traditions involve conceptions of the accessibility of ethical considerations and also the possibility of character change in ways that enable us to overcome the perplexity about blame and punishment. They are not ‘good for nothing’ even when they fail to improve agents. The religious traditions' conceptions of moral agency and the possibility of perfection enable us to see why there are reasons not to ethically ‘write off’ even persistently vicious agents. Moreover, we can see that the fulfilling of ethical requirements is an enabling condition for perfection that is not merely ethical. To highlight the contrast between the naturalistic view and the theistic view, Aristotle's moral psychology and moral epistemology are contrasted with those of Maimonides and Aquinas, both of whom borrow heavily from Aristotle, but fundamentally transform what they borrow. (shrink)

Blame and also punishment do not reach many agents in the sense that many agents are not motivated to ethically self‐correct, and in fact, may be worsened by these practices. The main reasons agents may not be reached by them are that the agent's second nature may make inaccessible to him a sound appreciation of ethical considerations, and the fixity of mature character may make ethical self‐correction practically impossible. Still, when they are ethically rationalized, blame and punishment seem to be (...) requirements. Even the most plausible secular or naturalistic ethics involves an important kind of incompleteness and unclarity concerning this issue. The Jewish and Christian traditions involve conceptions of the accessibility of ethical considerations and also the possibility of character change in ways that enable us to overcome the perplexity about blame and punishment. They are not ‘good for nothing’ even when they fail to improve agents. The religious traditions' conceptions of moral agency and the possibility of perfection enable us to see why there are reasons not to ethically ‘write off’ even persistently vicious agents. Moreover, we can see that the fulfilling of ethical requirements is an enabling condition for perfection that is not merely ethical. To highlight the contrast between the naturalistic view and the theistic view, Aristotle's moral psychology and moral epistemology are contrasted with those of Maimonides and Aquinas, both of whom borrow heavily from Aristotle, but fundamentally transform what they borrow. (shrink)