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- Wayne C. Booth (1998). Why Banning Ethical Criticism is a Serious Mistake. Philosophy and Literature 22 (2).
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The goal of this paper is methodological. It offers a comprehensive mapping of the theoretical positions on the ethical criticism of art, correcting omissions and inadequacies in the conceptual framework adopted in the current debate. Three principles are recommended as general guidelines: ethical amenability, basic value pluralism, and relativity to ethical dimension. Hence a taxonomy distinguishing between different versions of autonomism, moralism, and immoralism is established, by reference to criteria that are different from what emerging in the current literature. The mapping is then proved capable of (1) locating the various theories that have been proposed so far and clarifying such theories’ real commitments, (2) having the correct relationship with actual art making and art criticism practices, and (3) showing the real weight of the alleged counter-example to a moralist position of a work that succeeds artistically because of its immorality.
Many readers have suspected that Hegel---in arguing against Kant’s individualistic and critical way of approaching ethics and favoring instead an “ethical life” he associates with custom and habit---is in effect eliminating both individual judgment and any basis for criticism of corrupt or unjust communities. Most specialists reject this view of Hegel’s ethical theory, but they haven’t explained precisely how, on the contrary, ethical life preserves individual judgment and criticism within a new way of thinking about ethics. The goal of this paper is to do that.
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Perhaps the most common criticism of Kant’s ethical theory is that of formalism. In this paper, I propose to deal with that charge as it is applied to the Groundwork of the Metaphysics of Morals. Specifically, this essay clarifies the nature of the charge of formalism, as well as the issue of whether Kant develops an ethical theory in the Groundwork, and whether formalism is a valid criticism of the Groundwork.
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According to a famous maxim, ignorance or mistake of law is no excuse. This maxim is supposed to represent both the standard and the proper rule of law. In fact, this maxim should be qualified in both respects: ignorance and mistake of law sometimes are, and (perhaps even more often) should be, excused. But this dual qualification only reinforces the fundamental and ubiquitous assumption which underlies the discussions of the subject, namely, that the only ground of exculpation relevant to ignorance or mistake of law is excuse due to lack of (sufficient) culpability. The paper challenges this consensus. I argue that, according to the best conception of justification, ignorance and mistake, including ignorance and mistake of law, could be justified. Generally, ignorance and mistake are justified when based on a rational analysis of the information the agent has and should have. The conceptual possibility of justified ignorance or mistake is demonstrated mainly with respect to ignorance or mistake of law due to reliance on the guidance of public officials or private lawyers.
Commercial public opinion polling is an increasingly important element in practically all elections in democratic countries around the world. Poll results and pollsters are relatively new and autonomous voices in our human communities. Here I try to connect such polling directly to morality and democratic processes. Several arguments have been and might be used for and against banning such polling during elections, i.e., for and against effectively silencing these voices. I present the arguments on both sides of this issue, and try to show that there are reasonable responses to all the arguments in favour of banning polls. Then I review some proposed Canadian legislation concerning banning polls and, alternatively, requiring disclosure of methodological features of polls. Finally, I offer a model set of disclosure standards for the publication of poll results during election campaigns.
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