In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Free Will’s Value: Criminal Justice, Pride, and Love by John LemosJohn DavenportLEMOS, John. Free Will’s Value: Criminal Justice, Pride, and Love. New York: Routledge, 2023. 284 pp. Cloth, $160.00It is a pleasure to read John Lemos’s latest work on moral free will, understood as the control needed for us to be morally responsible in “the just deserts sense.” Lemos is a clear writer who carefully lays out (...) the positions that he reviews and critiques. This book would be wonderful as a main text in a graduate seminar: The first six chapters critically address most of the main theories and moves in this wide field during the last twenty to twenty-five years, providing a very helpful overview while setting up Lemos’s own position. He advances an “indeterministic weightings” version of leeway-libertarianism about moral freedom that builds on both Robert Kane’s event-causal account and Robert Nozick’s older account of fixing the weight of practical considerations in the moment of choice. Lemos’s new account significantly refines the position that he defended against hard incompatiblism in his 2018 book. [End Page 721]Free Will’s Value also discusses responsibility in applied contexts, such as criminal justice and loving relationships. There are two chapters arguing that hard incompatibilists cannot save the “just deserts” aspect of criminal punishment or explain all the wrongness of taking the liberty of innocent persons mistakenly convicted. Their “public health quarantine” account of criminal justice will be utilitarian, and thus have a hard time justifying the beyond-reasonable-doubt standard for conviction. And, building on the critiques of compatibilism that he develops partly from Derk Pereboom and Bruce Waller, Lemos includes three chapters arguing that “axiological/pragmatist reasons” provide more evidence for libertarian free will than psychological evidence alone can.The final chapter in particular offers a novel argument that valuable sorts of interhuman loves need to involve self- or character-forming initiatives that are not primarily determined by factors beyond our control. The intrinsic value of some types of love, such as deep friendships—including romantic friendships—involve their being autonomous (my term), which in turn requires a kind of leeway-control. This involves arguing that “our will, effort, or a decision to love” is important to values achieved in sustaining loving relationships.Lemos’s own theory contends that Kane’s account of “self-forming actions” (SFAs) and “willings” (SFWs) in terms of dual “tryings” (or decisions) to do A or B in a fraught situation suffers from the “phenomenological problem” stated by Laura Ekstrom and Marc Balaguer, namely, that we do not normally experience fraught choices as involving such opposed tryings. This is even more evident, I believe, if we consider choices involving three or more salient options. Lemos is not convinced by Kane’s reply that the dual or multiple simultaneous efforts are usually unconscious, because he thinks responsibility for unconscious mental processes will (normally) trace to patterns of conscious choices made earlier in life. In fact, unconscious efforts, Lemos says, cannot meet even “plausible minimal compatibilist standards of responsibility” for elements of agency.I’m not convinced by this last claim, because it seems that an unconscious choice, C, could be responsive to (or counterfactually guided by) reasons relevant to C that the agent has considered in the past. Perhaps the problem is that “trying” is normally associated with attempting to act on an intention, but Kane uses it to describe the more elusive processes of agency involved in forming an intention via decision in the face of competing relevant options, which thereby incorporates motives into the intention. This sheds light on the further problem that it appears irrational to try to do multiple incompatible things at once. Pace Lemos, I think that Kane is right that “will-settling” is a special context in which it is not irrational for a single person’s agency to be engaged along dual pathways. Even if we do not call this “trying,” the agent’s interactions with the salient options are not like those of a detached spectator; they are volitional as well as evaluative. [End Page 722]Lemos’s account recognizes three loci... (shrink)

Justification for reading Pride and Prejudice as a philosophical novel may be found in its much cited and variously interpreted opening sentence: "It is a truth universally acknowledged, that a single man in possession of a good fortune, must be in want of a wife." This universal law is the first principle of a philosophical novel, although I shall also interpret it as the statement of a scientific law of human nature, a characterization of the civility of English society, and (...) as a pronouncement on the manners of an economic class. Pride and Prejudice is a philosophical novel both in the sense of presenting a philosophy in exposition and of embodying a philosophy in action, and literary criticism exercises its proper function by expounding that philosophy and by explicating and clarifying the thought and action of the novel by means of it. The thought of Pride and Prejudice may be uncovered by interpreting it in accordance with any of a variety of philosophies, but it is peculiarly appropriate, and enlightening, to recognize its Platonizing echoes since the dialogues of Plato have gone through a history of interpretation that has evolved distinctions which are useful in interpreting Pride and Prejudice. Many interpreters of Plato's dialogues, in antiquity and later, argue that they are not statements of thoughts or opinions but are simply exhibitions of how philosophers talk; others, beginning with the Old Academy, interpret them as the expression of the truth not of the doctrines of one philosopher, but of all philosophers; some, beginning with the skepticism of the Middle or New Academy, hold that the method of Socrates was to demonstrate that all doctrines are false and therefore, by the same token, true; and some, following the Neoplatonists, sought in them the adumbration of a truth transcending human thought and expression. Neoplatonic truths are suited to tragedy and epic; skeptical Academic opinions provide a place and expectation proper to comedy. All Platonisms share hierarchical structures of being, thought, and aspiration. Plato himself describes three ladders of being, knowledge, and love in the Republic and the Symposium. The New Academic skepticism chooses a low place on those ladders, which is excellently named in the opening sentence of Pride and Prejudice: knowledge is based on self-evident truths, opinion can rise no higher than "a truth universally accepted," "possession of a good fortune" is a dubious degradation of vision of the ideal God to possession of material goods, and "want of a wife" is a transformation of charity or agape or love of the good in itself to concupiscence or eros or matrimony. Richard McKeon is the editor of The Basic Works of Aristotle and coeditor of Peter Abailard, Sic et Non: A Critical Edition. He delivered an earlier version of this paper at the 1977 Modern Language Association's session of the Division on Philosophical Approaches to Literature. His previous contributions to Critical Inquiry are "Arts of Invention and Arts of Memory: Creation and Criticism" and "Canonic Books and Prohibited Books: Orthodoxy and Heresy in Religion and Culture". (shrink)

In the contemporary intellectual scene, one prominent question is this, what made science and its success possible? One tempting strategy for dealing with this question as a philosopher of science is to use science (or more broadly, empirical inquiry) and its methods to investigate the nature of science and its success. This strategy is what used to be called naturalism. For a philosopher of science, it amounts to naturalizing her philosophical inquiry for understanding the nature of science and its (...) success. The project of naturalizing philosophy of science has not been without its own problems. Some of the concerns are as follows. Willphilosophy of science maintain its traditional normative character after going through the process of naturalization? If it does, what form(s) will its normative content take? Can that normative content be secured without appealing to methods other than those usually used in empirical inquiries? In this essay, I will call these issues collectively the problem of normativity. First of all, I’ll look into the two most representative attempts to naturalize philosophy of science, namely L. Laudan’s and R. Giere’s attempts, focusing on the views that could be taken as their answers to the questions constituting the problem of normativity. Then I’ll examine these views in the light of some prominent criticisms and potential problems, and argue that some of those views could be defended by developing one or other additional conceptual arsenals but still others need to be curbed down admitting the apparent weaknesses of their supporting arguments. This reevaluative process will give us a better idea about what have been achieved by the attempts to naturalize philosophy of science and what their limitations are. (shrink)

The opening words of the second book of Aristotle’s Nicomachean Ethics are as familiar as any in his corpus: Excellence of character results from habituation [ethos]—which is in fact the source of the name it has acquired [êthikê], the word for ‘character-trait’ [êthos] being a slight variation of that for ‘habituation’ [ethos]. This makes it quite clear that none of the excellences of character [êthikê aretê] comes about in us by nature; for no natural way of being is changed through (...) habituation [ethizetai]. Equally familiar, unfortunately, is the characterization of Aristotle’s notion of character formation as a form of habituation by means of the repetition of actions which results in a “habit” in the same way that a weight lifter produces muscles through the repetition of exertions. As a 19th century commentator remarked on the passage above, “[insert Grant].” From a Socratic perspective, such a view of becoming good seems hopelessly rigid and unconnected to the intellectual development which knowledge of the good requires. Habit and habituation in Aristotle seem eminently familiar and eminently unphilosophical. Such a view would be mistaken on at least three counts. First, the notion of character formation (to use the broadest possible term for the phenomenon of habituation) in Aristotle is significantly more complicated than the notion that through habituation one develops good habits which are what we mean by ethical virtue. Although character formation includes the development of proper emotional responses, such as taking pleasure in what is fine and being repulsed by what is shameful, it is equally concerned with cognitive development independent of the intellectual virtues. Second, although Aristotle’s terms for “ethics” (êthica), character-trait (êthos), and habituation (ethos, ethismos, or ethizetai) are linguistically and conceptually interrelated, his notion of “ethical state” (hexis) is both linguistically and conceptually quite distinct from the notion of “habit,” at least as we use that term today. As one Aristotle translator has put it, “A hexis is not only not the same thing as a habit, but is almost exactly its opposite.” For Aristotle, a hexis is a dynamic equilibrium which, although always productive of virtuous actions, is nonetheless the basis for being virtuous in varied circumstances. Thirdly, once Aristotle’s notion of a character state is retrieved from its false association with “habit” and repetitive habituation, one sees that its apparent divorce from practical reason is more a fixture of Aristotle’s analytical method and its connotations of inflexibility or fixedness are in fact antithetical to Aristotle’s description of ethical virtue. Rather than view ethical “character” in its Greek etymological sense as an indelibly fixed or engraved mark or stamp (charactêr) upon one’s soul, Aristotle’s notion of ethical character (êthos) or virtue (aretê) captures the notion of a virtuoso who is responsive in an excellent fashion to what reason perceives in particular and changing circumstances. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a (...) name for threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. 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, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 119-121 [Access article in PDF] Book Review Ethics and Political Philosophy The Common Good in Late Medieval Political Thought Arthur Stephen McGrade, John Kilcullen, and Matthew Kempshall, editors. Ethics and Political Philosophy. Vol. 2 of The Cambridge Translations of Medieval Philosophical Texts. New York: Cambridge University Press, 2000. Pp. xii + 664. Cloth, $85.00. Paper, $29.95. M. S. Kempshall. The Common (...) Good in Late Medieval Political Thought. New York: Oxford University Press, 1999. Pp. x + 401. Cloth, $95.00. With the exception of the thought of Thomas Aquinas and John Duns Scotus, late medieval political and ethical philosophy has been neglected. Two recent books attempt to rectify this neglect. One is the second volume of The Cambridge Translations of Medieval Philosophical Texts. A translator of this volume, Matthew Kempshall, has also recently written a thorough analysis of the common good as it is discussed in late thirteenth-century scholasticism. Many of the texts discussed in this second book are translated by Kempshall in the first book.The new volume of translations now makes it possible for the reader unfamiliar with Latin to have some exposure to the medieval reception of Aristotle's ethical and political thought. The selections are deliberately taken from lesser-known figures who are not often translated, such as Albert the Great, Godfrey of Fontaines, and Augustine of Ancona. The selections are carefully chosen to represent a wide variety of literary genres. For example, the selection from Albert is part of his commentary of Book X of the Nicomachean Ethics, [End Page 119] whereas the selection from Godfrey is a Quodlibetal Question, and that from Augustine of Ancona is part of a treatise. Moreover, there are some selections that show developments within a particular genre. For example, a translation from Buridan's commentary on Book X of the Nicomachean Ethics contrasts nicely with that of Albert. The selection from Albert focuses mostly on pleasure, the relationship between the active and the contemplative lives, and the connection between ethics and politics. His discussion of pleasure is philosophically important in light of twentieth-century discussions about reasons for actions. Moreover, these issues are all discussed in at least one of the other selections. Interestingly, Buridan's commentary on the same Book focuses instead on human freedom. Buridan makes fine distinctions that are relevant to contemporary debates about free will. Selections from Henry of Ghent, Godfrey of Fontaines, and James of Viterbo all address the topic of the relationship between self-love and the virtuous life. These passages are relevant to the question of whether there is egoism in ancient and medieval ethical thought.The volume is a companion to The Cambridge History of Later Medieval Philosophy and suffers from one of its weaknesses, which is that the selections can seem arbitrary. For example, the passage from Albert takes up nearly one quarter of the volume. Furthermore, sometimes the representation of an author by only one genre is misleading. For example, although Giles of Rome wrote a Quodlibetal Question (Quod 2, q. 20) that is directly attacked in a translation from James of Viterbo, Giles is represented only by a passage from his treatise De regimine principum. Moreover, the moral psychology of the late thirteenth century is not well-covered, which is odd considering the importance of Bonnie Kent's work in this area.One additional problem is that there are few notes to aid the reader. Sometimes the translations can be confusing. For example, in one passage "the Commentator" should be identified, since the name can apply to at least three individuals (262-3). More seriously, readers with little background in medieval thought might confuse the medieval referents signified in the translation by the words "state" or "love" with contemporary referents. The translations themselves are clear and the different translators follow a consistent set of guidelines. Anyone who tries to translate some of these passages for herself will understand that some... (shrink)

There is a debate over whether actions that resist devaluation are primarily habit- or goal-directed. The incentive habit account of compulsive actions has received support from behavioral paradigms and brain imaging. In addition, the self-reported Creature of Habit Scale has been proposed to capture inter-individual differences in habitual tendencies. It is subdivided into two dimensions: routine and automaticity. We first considered a French version of this questionnaire for validation, based on a sample of 386 undergraduates. The relationship between two (...) dimensions of habit and the risk of substance use disorder and impulsive personality traits was also investigated. COHS has good psychometric properties with both features of habits positively associated with an Obsessive-Compulsive Inventory score. Besides, the propensity to rely more on routines was associated with lower levels of alcohol abuse and nicotine use, suggesting that some degree of routine might act as a protective factor against substance use. In contrast, a high automaticity score was associated with an increased risk of harmful alcohol use. These results demonstrate that the COHS is a valid measure of habitual tendencies and represents a useful tool for capturing inter-individual variations in drug use problems in undergraduates. (shrink)

Theorists have used the concept of habitus to explain how skilled agents are capable of responding in an infinite number of ways to the infinite number of possible situations that they encounter in their field of practice. According to some perspectives, habitus is seen to represent a form of regulated improvisation that functions below the threshold of consciousness. However, Bourdieu argued that rational and conscious computation may be required in situations of ‘crisis’ where habitus proves insufficient as a (...) basis for our actions. In the current article, I draw on a range of evidence which indicates that conscious intervention (including self-reflective sensory consciousness) is required not only at points of crisis but also as skilled performers engage in the mundane actions/practices that characterize their everyday training and performance regimes. The interaction of conscious learning and unconscious schemata leads to the development of a reflexive habitus which allows performers to refine and adapt embodied movement patterns over time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Extramarital Contraception in the Catholic Faith:A Call to Action from a Physician and EthicistCara BuskmillerIntroductionDefinitionsBefore proceeding to a discussion of extramarital contraception, it is relevant to lay a foundation of definitions and limitations of this essay. Here, "sex" and "sexual act" will refer to acts of penile–vaginal intercourse and acts meant to lead to such intercourse, respectively. Other acts which are rightly called "sexual" are not relevant to (...) this essay, as the focus here is on encounters that could result in fertilization.The traditional natural law theory with its analysis of object, intention, and circumstances is at play in this essay, with a hylomorphic understanding of nature and ethics. In this understanding of ethics, the names of many acts include not only an object but an intention and circumstances (e.g., murder specifies an illegal type of killing with premeditation). Likewise, "contraception" here refers to the use of any drug or device which temporarily lowers fertility (object), to prevent fertilization (intention) due to presumed-fertile sex (circumstance). Such drugs or devices are called "contraceptives" in this essay. In this essay, "contraception" is not committed solely by intending to avoid fertilization, so acts such as trying to avoid fertilization by timing sex during infertile parts of a menstrual cycle are not contraception, and the pastoral term "contraceptive mindset" does not apply. "Contraception" is also not solely defined by the use of particular medical products, since the intention to avoid fertilization is part of the definition in this essay. Thus, [End Page 1245] prescribing or taking a birth control pill for polycystic ovarian syndrome, in the words of Pope St. Paul VI in his 1968 landmark encyclical Humanae Vitae (HV), is not at all illicit, here because such treatment is not contraception, and the problems of contraception do not apply (§15)."Marriage" in this essay refers principally to sacramental matrimony, made by the consent of a baptized man and a baptized woman.1 Civil marriage, cohabitation, long-term affairs, sex in dating, short-term hookups, prostitution, and sexual assault represent a spectrum of falling away from matrimony. This essay assumes that matrimony is God's one true plan for sex, fertilization, and childrearing. This essay also makes heavy use of the Scholastic-personalist perspective of HV on the unitive and procreative dimensions of sex. As sexual relationships "fall away" from matrimony, they lose resemblance to these dimensions."Consent" is here defined as a free act in which a person agrees to do, accept, or reject something.2 Consent is an act of the will, and it may be partial or total. Only when consent is total is a person held fully responsible for his or her actions; for example, only when consent is total can a person commit a mortal sin. Consent is different from assent, which is not of the will, but of the mind.3 In this paper, sex without consent is termed "sexual assault"—the status of the act as an assault is solely determined by consent. These definitions allow for a sexual assault in which a victim withholds consent and yet does not resist an attack,4 which is different from past legal and colloquial definitions.5 This definition also allows for assault victims that have positive emotional responses to or physical arousal from an attack. These responses from a victim do not make the assault consensual or desired, [End Page 1246] and in fact make post-traumatic recovery more difficult.6 Simply put, consent is of the will, and this is not diminished by whether the body follows suit; this differs from some legal definitions of consent in canon law, where the will of the person agreeing to a contract is signified by externals, even if there was no intention to fulfill the duties of the contract.7 Consent will be central to this essay, since it helps make the spectrum of relationships that "fall away" from marriage intelligible in two sets: one with consent, and one without."Intellectual disability" in medical and ethical literature refers to a large spectrum of differences in mental and behavioral performance, but this essay is only considering intellectually disabled persons who would be unable to... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Pride in Giving Care and Other Life Lessons from Certified Nursing AssistantsDelese WearMy father spent the last three weeks of his life in a hospice care facility. It's funny, now reading these narratives written by Certified Nursing Assistants (CNAs), that I can't picture him without Gloria, the CNA who worked the 7-3 shift, floating quietly in and out of his room, tending to him, tending to us, speaking quietly (...) to Dad even when he was no longer conscious, offering us conversation, often her affectionate observations of Dad and curiosity about his life, sometimes about life on the "outside," a kind of respite from total attention on Dad and our grieving. I remember the smell of the lotion she rubbed on his body. I remember no other caregivers in his room; there obviously were, but I can't picture them now, only Gloria. We never spoke directly to the medical director of the hospice. He was a phantom, rounding at 5 or 6 a.m.; we came to believe he did so to avoid speaking to families.Those three weeks led to my conceptions about CNAs—the nature of the work they do, the kinds of people who do such work, the awesome responsibilities involved in such work, and not least, the physical and emotional resiliency of those who undertake such work. My and my family's often recited, "How does she do this every day?" was answered time and again in the narratives written by CNAs in this issue of the journal.But before moving forward, I want to make note of how I will refer to the authors of these narratives. The name of one's occupation, the title one uses, and how others refer to your occupation, is obviously meaningful. If the snapshots of CNAs provided in these narratives are somewhat representative, we find those who refer to themselves and their occupation as nursing assistants, nurse assistants, Certified Nursing Assistants (CNAs), State Licensed Nursing Assistants (SLNA), or simply aides, to name a few. While it is beyond the space offered here, I want to make note of this, recognizing that titles/labels matter, and to acknowledge that status. As CNA Nanci Robinson notes, "most of us are certified... I wouldn't call an LPN a PN and leave out she's licensed." Passage of the Omnibus Budget Reconciliation Act of 1987 (OBRA 87), required each State to establish State-approved nurse aide training programs and establish requirements for nurse aide competency. Thus, I will refer to all the authors here as Certified Nursing Assistants (CNAs). I do wonder how significant of an issue these variations of titles are within the larger nursing assistant culture, and how it may contribute to disparities regarding pay schedules, duties, status, training and other relevant issues among all nursing assistants.In spite of problems, stressors, and other quality of life issues for CNAs, most of them spoke with pride and meaning regarding what was for many their "life's work," similar to what one might expect to find in other care giving occupations. Some spoke of a "love of the work," its "rewards" and "joys," [End Page 165] and the intense satisfaction of "making a difference" in patients' or residents' lives. These attitudes were not vague abstractions but were grounded throughout the narratives in rich examples of the affirming aspects of their work.It appears that much of the pleasure comes from what many refer to as the "hands on," "direct care," or "front line" nature of the work—often what other health professionals might view as things they would not want to do. And of course these other professionals—registered nurses, occupational therapists, and physicians—could make the same claim when describing the "hands-on" joys of their work. But the differences, it would seem, are profound between these other caregivers and CNAs. The CNA narratives report fundamentally intimate and often daily relationships with their clients/residents/patients. Danny Reed describes the "delight" he feels "in restoring dignity to every human in need of it regardless of cause," referring to himself as a "participant observer in a caring relationship," not as a "detached clinician." Many spoke directly... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 119-121 [Access article in PDF] Book Review Ethics and Political Philosophy The Common Good in Late Medieval Political Thought Arthur Stephen McGrade, John Kilcullen, and Matthew Kempshall, editors. Ethics and Political Philosophy. Vol. 2 of The Cambridge Translations of Medieval Philosophical Texts. New York: Cambridge University Press, 2000. Pp. xii + 664. Cloth, $85.00. Paper, $29.95. M. S. Kempshall. The Common (...) Good in Late Medieval Political Thought. New York: Oxford University Press, 1999. Pp. x + 401. Cloth, $95.00. With the exception of the thought of Thomas Aquinas and John Duns Scotus, late medieval political and ethical philosophy has been neglected. Two recent books attempt to rectify this neglect. One is the second volume of The Cambridge Translations of Medieval Philosophical Texts. A translator of this volume, Matthew Kempshall, has also recently written a thorough analysis of the common good as it is discussed in late thirteenth-century scholasticism. Many of the texts discussed in this second book are translated by Kempshall in the first book.The new volume of translations now makes it possible for the reader unfamiliar with Latin to have some exposure to the medieval reception of Aristotle's ethical and political thought. The selections are deliberately taken from lesser-known figures who are not often translated, such as Albert the Great, Godfrey of Fontaines, and Augustine of Ancona. The selections are carefully chosen to represent a wide variety of literary genres. For example, the selection from Albert is part of his commentary of Book X of the Nicomachean Ethics, [End Page 119] whereas the selection from Godfrey is a Quodlibetal Question, and that from Augustine of Ancona is part of a treatise. Moreover, there are some selections that show developments within a particular genre. For example, a translation from Buridan's commentary on Book X of the Nicomachean Ethics contrasts nicely with that of Albert. The selection from Albert focuses mostly on pleasure, the relationship between the active and the contemplative lives, and the connection between ethics and politics. His discussion of pleasure is philosophically important in light of twentieth-century discussions about reasons for actions. Moreover, these issues are all discussed in at least one of the other selections. Interestingly, Buridan's commentary on the same Book focuses instead on human freedom. Buridan makes fine distinctions that are relevant to contemporary debates about free will. Selections from Henry of Ghent, Godfrey of Fontaines, and James of Viterbo all address the topic of the relationship between self-love and the virtuous life. These passages are relevant to the question of whether there is egoism in ancient and medieval ethical thought.The volume is a companion to The Cambridge History of Later Medieval Philosophy and suffers from one of its weaknesses, which is that the selections can seem arbitrary. For example, the passage from Albert takes up nearly one quarter of the volume. Furthermore, sometimes the representation of an author by only one genre is misleading. For example, although Giles of Rome wrote a Quodlibetal Question (Quod 2, q. 20) that is directly attacked in a translation from James of Viterbo, Giles is represented only by a passage from his treatise De regimine principum. Moreover, the moral psychology of the late thirteenth century is not well-covered, which is odd considering the importance of Bonnie Kent's work in this area.One additional problem is that there are few notes to aid the reader. Sometimes the translations can be confusing. For example, in one passage "the Commentator" should be identified, since the name can apply to at least three individuals (262-3). More seriously, readers with little background in medieval thought might confuse the medieval referents signified in the translation by the words "state" or "love" with contemporary referents. The translations themselves are clear and the different translators follow a consistent set of guidelines. Anyone who tries to translate some of these passages for herself will understand that some... (shrink)

This feels like a time of environmental and moral crisis without parallel.... Not only do human beings seem not to believe in anything but, despite exponential advances in information production, we do not appear to know much either. This book is a guide for everyone who feels understandably perplexed. The book considers issues as diverse as: the lure of alternative religions and belief systems; the use of the rhetoric of economics to justify amoral decisionmaking; green politics and genetically-modified crops; new (...) technology's power to preserve the status quo; and the true impetus behind the Human Genome Project. Presenting an explanation of recent findings in science and their relationship with society and politics, the book seeks to give guidance towards responsible political action. Starting from themes developed in the companion volume The Search for Mind, the author attempts to provide intellectual roots for the 'anti-capitalist' or 'anti-globalization' movement and, in particular, treats social protest as a form of knowledge-seeking. The author brings to very topical and controversial concerns some much-needed clarity. Complete with reader-friendly summaries of current thought in the biological, physical, and social sciences, this book is designed primarily for the popular market but will also appeal to those working or studying in these fields. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:15 LOCKE, HUME AND THE NATURE OF VOLITIONS 1. The concept of a volition plays a key role in the theories of mind that both Locke and Hume devise. It is central to the views each develops on the nature of action and of explanations of actions, on the character of practical reasoning, on the nature of desire, on the ways in which, most usefully, to categorize the (...) several kinds of mental states and events. Without attending closely to their concepts of volition, one cannot get quite clear about the views of each, and the considerations thought to support those views, on the vexed questions of free action and of responsibility. Whether it be Locke or Hume, then, there is good reason to scrutinize what he says of volitions. Why take them together? The principal reason is that the views of each, when considered closely, throw a quite considerable light on those of the other (or so I hope to show). But there is a philosophical point as well. A theory of volitions more adequate than either proposes must borrow from each. What is amenable to being borrowed, and what ought to be borrowed, are fairly readily seen when the two theories are put face to face. I concentrate on three central issues: the question whether volitions are thoughts; the relationship of volition to practical reasoning; the links between volitions and their effects. Hume's views on these topics are to be found chiefly in the Treatise and the first Enquiry; Locke's, of course, in the Essay. Locke's recently published correspondence with the Dutch theologian Philippus van Limborch is, however, essential reading here, and I have made extensive use of it. 16 2. Locke and Hume agree that volitions are indefinable psychological primitives that must be invoked in an analysis of voluntary action (T 399, EHU 69, E 249). They agree, too, in a number of the things that each says in his efforts to characterize volitions. They differ, however, on a fundamental point, Hume's volitions are 'internal impression[s]' (T 399); Locke's are 'thought[s] of the Mind' (E 235). As internal impressions Humean volitions are feelings akin to, but not 'properly speaking' (T 399) instances of, passions. They are like the 'direct passions' (desire and aversion, grief and joy, hope and fear) in two respects: they are 'immediate effects of pain and pleasure' (T 399); they are 'propense and averse motions of the mind' (T 574), and thus bear a special relation to action. Though they are not thoughts they have causal, thus contingent, links to thoughts, including in particular thoughts whose content specify the so-called 'immediate object of volition' (E 66). As 'distinct impression[s]' (T 625) volitions do not modify the thoughts of their objects in the logically intimate way in which, in Hume's view, the feeling essential to belief 'modiffies] the conception' (T 625) of what is believed. Hume frequently compares volitions to commands (T 623, 629, 632; EHU 48, 64, 65, 67, 68). He also, not surprisingly, denies them truth values: because they are not capable of 'an agreement or disagreement either to the real relations of ideas, or to real existence and matter of fact' it is 'impossible... they can be pronounced either true or false' (T 458; compare T 415). Locke's volitions are thoughts, not feelings; and they have their own contents and objects. '[T]he proper and only object of the will', he writes, 'is some action of ours' (E 258); in forming a volition one 17 'wills to number', say, or 'wills to walk' (C 405). Locke never says as much, but his overall theory is best read as requiring volitions to be thoughts without truth values. He contrasts 'Will' or 'the Power of Volition1 with 'Understanding' or 'the Power of Thinking' (E 128). Since 'Volition' is as much a 'Mode... £f thinking' as is 'Reasoning' or 'Judging' (E 227), however, the contrast is most plausibly taken as one between thoughts that do and thoughts that do not purport to represent the way the world is. Locke's distinction, to be examined below, between volitions and 'last judgements of the understanding' suggests the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Imagined Apotheoses: Drake, Harriot, and Ralegh in the AmericasWilliam M. HamlinPerhaps the two best known stories of Europeans being taken for gods by non-European peoples are those of Hernan Cortés in Mexico and Captain James Cook in Hawaii. Separated by two hundred sixty years, five thousand miles, and vast differences in cultural and linguistic context, these two incidents nonetheless share many traits in the conventional telling. Cortés and (...) Cook were both strong leaders, for instance, both capable of inspiring devotion among their subordinates. Both men became amateur ethnographers during their lengthy sojourns away from Europe, both sought to promote an image of respectful rather than rapacious foreign incursion, and both are said to have been taken for returning gods by the native peoples among whom they landed: Cortés for the Toltec culture-hero and demigod Quetzalcoatl, Cook for the Hawaiian deity Lono. Click for larger view View full resolutionFigure 1.“The Far Side” cartoon by Gary Larson. Courtesy of Chronicle Features, San Francisco.Recent scholarly studies and debates—among them the rather strident dispute between Gananath Obeyesekere and Marshall Sahlins over the alleged deification of Cook by eighteenth-century Hawaiians—have opened up these returning-god theories to skeptical critique and detailed justification; but such discussions have had little, if any, impact on popular imagination. 1 [End Page 405] Indeed, the idea that redoubtable European explorers can be (and often are) perceived as supernatural beings by non-European “primitives” has been uncritically perpetuated to this day by filmmakers, fantasists, writers of popular history, and purveyors of cultural literacy. E. D. Hirsch, Jr., for instance, informs our children that Caribbean islanders encountered by Columbus “asked if he had come from heaven”—the implication being, of course, that they took him for a god. 2 And in the recent film, 1492: Conquest of Paradise, we hear the indefatigable Admiral (played by Gerard Depardieu) claim that “on every island the natives welcome us with great generosity and trust.... Because of our appearance, we have been mistaken for gods, and are treated accordingly.” 3 Fortunately, we also have a “Far Side” parody of the cultural conceit on which such ideas in part rely, but the cartoon serves as well to demonstrate just how thoroughly the conceit has permeated our collective awareness (see figure 1). 4 Click for larger view View full resolutionFigure 2.“It’s against my programming to impersonate a deity.” From The Return of the Jedi, dir. Richard Marquand, Lucasfilm, Ltd., 1983. All Rights Reserved. Courtesy of Lucasfilm, Ltd.Let me offer just one other example. Near the end of the popular 1983 film The Return of the Jedi, the forest-dwelling Ewoks begin to chant and salaam upon first glimpsing the golden robot C-3PO, who in turn tells his captured comrades, “I do believe they think I am some sort of god.” When Han Solo sarcastically asks the robot to use his “divine influence” to help extricate them from their predicament, C-3PO replies that such an action would be improper: “It’s against my programming to impersonate a deity.” Here we see, embedded within a film romance, both the classic trope of the apotheosized foreigner and the related motif of the foreigner’s reluctance to [End Page 406] play the god-role (see figure 2). It is worth noting, however, that while C-3PO may be unwilling to exploit the Ewoks’ misperception, Luke Skywalker is not; he uses the “Force” to convince the Ewoks of the robot’s magical prowess and, more to the point, to perpetuate their misapprehension. 5What I wish to suggest in this essay is that certain habitual Western assumptions or conceits regarding cross-cultural encounters—assumptions which have been usefully termed “myth models” inasmuch as they condition human perception and find frequent discursive expression—coexist easily but in fact disjunctively with certain other ideological structures in many early modern travel narratives and colonial accounts. Obeyesekere, in his provocative book on the supposed deification of Captain Cook in Hawaii, has linked such myth models to the conceptual structures of the longue durée as characterized by Fernand Braudel, and it is possible that they may also be... (shrink)

In Nicomachean Ethics 2.1, Aristotle draws a now familiar analogy between aretai ('virtues') and technai ('skills'). The apparent basis of this comparison is that both virtue and skill are developed through practice and repetition, specifically by the learner performing the same kinds of actions as the expert: in other words, we become virtuous by performing virtuous actions. Aristotle’s claim that “like states arise from like activities” has led some philosophers to challenge the virtue-skill analogy. In particular, Aristotle’s skill analogy (...) is sometimes dismissed because of the role that practical wisdom or phronesis purportedly plays in character virtue. In this paper, I argue that a proper understanding of character virtue, phantasia-based emotions, and Aristotle’s implicit distinction between habituated and strict or full virtue (aretè kuria) grounds his virtue-skill analogy. Character virtue stems from the non-rational orektikon and is developed through the habituation of passionate elements, primarily phantasia and pathé. Pathé are pleasurable or affective perceptions, not judgments or beliefs. Thus, pathé are subject to non-rational habituation. Practical wisdom, on the other hand, is an intellectual virtue stemming from the rational part of the soul. Though practical wisdom is necessary for full virtue (aretè kuria), it is not necessary for the habituated character virtue that Aristotle refers in Book II. Once we understand the phantastic basis of emotions and the distinction between habituated and full virtue, the virtue-skill analogy is apt. I conclude by briefly mentioning two contemporary forms of emotion regulation—cognitive reappraisal and cognitive behavioral therapy—that lend support from empirical psychology to Aristotle’s claim that emotions (pathé) can be habituated. Character virtue is indeed a skill; it is—at least in part—the skill of emotion regulation. (shrink)

Neuropsychological findings used to motivate the "two visual systems" hypothesis have been taken to endanger a pair of widely accepted claims about spatial representation in conscious visual experience. The first is the claim that visual experience represents 3-D space around the perceiver using an egocentric frame of reference. The second is the claim that there is a constitutive link between the spatial contents of visual experience and the perceiver's bodily actions. In this paper, I review and assess three (...) main sources of evidence for the two visual systems hypothesis. I argue that the best interpretation of the evidence is in fact consistent with both claims. I conclude with some brief remarks on the relation between visual consciousness and rational agency. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:15 LOCKE, HUME AND THE NATURE OF VOLITIONS 1. The concept of a volition plays a key role in the theories of mind that both Locke and Hume devise. It is central to the views each develops on the nature of action and of explanations of actions, on the character of practical reasoning, on the nature of desire, on the ways in which, most usefully, to categorize the (...) several kinds of mental states and events. Without attending closely to their concepts of volition, one cannot get quite clear about the views of each, and the considerations thought to support those views, on the vexed questions of free action and of responsibility. Whether it be Locke or Hume, then, there is good reason to scrutinize what he says of volitions. Why take them together? The principal reason is that the views of each, when considered closely, throw a quite considerable light on those of the other (or so I hope to show). But there is a philosophical point as well. A theory of volitions more adequate than either proposes must borrow from each. What is amenable to being borrowed, and what ought to be borrowed, are fairly readily seen when the two theories are put face to face. I concentrate on three central issues: the question whether volitions are thoughts; the relationship of volition to practical reasoning; the links between volitions and their effects. Hume's views on these topics are to be found chiefly in the Treatise and the first Enquiry; Locke's, of course, in the Essay. Locke's recently published correspondence with the Dutch theologian Philippus van Limborch is, however, essential reading here, and I have made extensive use of it. 16 2. Locke and Hume agree that volitions are indefinable psychological primitives that must be invoked in an analysis of voluntary action (T 399, EHU 69, E 249). They agree, too, in a number of the things that each says in his efforts to characterize volitions. They differ, however, on a fundamental point, Hume's volitions are 'internal impression[s]' (T 399); Locke's are 'thought[s] of the Mind' (E 235). As internal impressions Humean volitions are feelings akin to, but not 'properly speaking' (T 399) instances of, passions. They are like the 'direct passions' (desire and aversion, grief and joy, hope and fear) in two respects: they are 'immediate effects of pain and pleasure' (T 399); they are 'propense and averse motions of the mind' (T 574), and thus bear a special relation to action. Though they are not thoughts they have causal, thus contingent, links to thoughts, including in particular thoughts whose content specify the so-called 'immediate object of volition' (E 66). As 'distinct impression[s]' (T 625) volitions do not modify the thoughts of their objects in the logically intimate way in which, in Hume's view, the feeling essential to belief 'modiffies] the conception' (T 625) of what is believed. Hume frequently compares volitions to commands (T 623, 629, 632; EHU 48, 64, 65, 67, 68). He also, not surprisingly, denies them truth values: because they are not capable of 'an agreement or disagreement either to the real relations of ideas, or to real existence and matter of fact' it is 'impossible... they can be pronounced either true or false' (T 458; compare T 415). Locke's volitions are thoughts, not feelings; and they have their own contents and objects. '[T]he proper and only object of the will', he writes, 'is some action of ours' (E 258); in forming a volition one 17 'wills to number', say, or 'wills to walk' (C 405). Locke never says as much, but his overall theory is best read as requiring volitions to be thoughts without truth values. He contrasts 'Will' or 'the Power of Volition1 with 'Understanding' or 'the Power of Thinking' (E 128). Since 'Volition' is as much a 'Mode... £f thinking' as is 'Reasoning' or 'Judging' (E 227), however, the contrast is most plausibly taken as one between thoughts that do and thoughts that do not purport to represent the way the world is. Locke's distinction, to be examined below, between volitions and 'last judgements of the understanding' suggests the... (shrink)

While understanding and expressing causal relations are universal aspects of human cognition, language users may differ in their capacity to perceive, interpret, and express events. One source of variation in descriptions of caused motion events is agentivity, which refers to the attribution of a result to the agent's action. Depending on the perspective taken, the same event may be described with agentive or non-agentive interpretations. Does language play a role in how people construe and express caused motion events? (...) The present study investigated the use of agentive vs. non-agentive language by speakers of different languages (i.e., monolingual speakers of English and Korean, and Korean learners of English). All three groups described prototypical causal events similarly, using agentive language (active transitive sentences). However, when it came to non-prototypical causal events (where the agent was not shown in the scene), they diverged in their choice of language: English speakers favored agentive language (passive transitive sentences), whereas Korean speakers preferred non-agentive language (intransitive sentences). Korean learners of English patterned with Korean speakers, demonstrating L1 influence on their use of English. These findings highlight the effects of language on motion event construal. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume and Davidson on Pride Pall S. krdal In reading the Treatise one has to be alive to the fact that Hume gives certain crucial words new meanings. He does not always draw the reader's attention to this and sometimes explicitly claims to be using terms with their ordinarymeaningswhen heis clearlygiving the words special technical uses by expanding or contracting their usual meanings. "Passion," "love," "hatred," "pride," and "humility" (...) have special meanings in Hume's psychological scheme. He also sometimes uses important terms with more than one meaning, as in the case of "justice." The word "justice" both is the title of Book 3, Part 2 of the Treatise, which deals with a number ofartificial virtues, and alsorefers to the much narrower concept ofthe respectfor property. The following two questions should be borne in mind: "What did Hume have to say about what he calls justice, passion, love, etc.?" and "What did Hume have to say about what we refer to by the same terms?" Thus, Books 2 and 3 of the Treatise may be described as attempting to show how unbiased evaluations are possible, in spite ofthe fact that our passions are naturally biased and judgments of virtue and vice are passions. This clearly involves a discussion of how we can do justice to our own and other peoples' qualities ofmind or character. Hume, therefore, had something very important to say about what we call justice, but his contribution to issues involving what we call justice today is obscured by his terminology. In what follows I shall be claiming that Hume's account of pride throws light upon what we call pride although he clearly was not aiming to do so. Donald Davidson, in a footnote to "Hume's Cognitive Theory of Pride," points out that there is a close similarity between his reading ofHume on pride andmy own treatment ofprideinPassionand Value. Since the two accounts were arrived at completely independently, each ofus can see the other'sinterpretation as some confirmation ofhis own. The accounts are not identical, however, and without aiming at a comprehensive comparison, I shall attempt to decide whether one or two ofthe apparent differences between our accounts indicate substantial disagreement. I shall try not to confuse the following four questions: "What did Hume thinkconstitutes pride?""Whatlesson do I, and whatlesson does Davidson think one could learn from Hume's account?" and finally, "What constitutes pride?" Davidson and I agree that a lesson is to be Volume XV Number 2 387 PALL ARDAL learned from Hume's account, but disagree about the nature of this lesson because of a disagreement about the nature of pride. Both Davidson and I think that Hume's claim that pride is a simple impression is an embarrassment to him. It does not have any immediate appeal and also leads him to clearly misrepresent the relation between pride and its object. Pride has self as its object in the sense that it is a form of self-evaluation. Hume misrepresents this relation as a causal relation between pride and the thoughtofoneself. Whenever one is proud, one's thought is drawn to oneself, but according to Hume it couldhave been otherwise. Itjust so happens that the feeling ofpride makes one think of oneself, that when you are already proud your thought turns to yourself. Hume, it is true, does not always represent the relation between the object of pride and the passion itself as contingent. Much ofwhathe says suggests the more plausible view that pride is essentially a form of self-evaluation, but the lesson we can learn from Hume we can learn in spite ofhis atomism, so let us follow Davidson and disregard the atomism, while admitting its presence in Hume's account. Davidson points out that the pride Hume is talking about is pride for a reason. I follow Hume in talking about the cause ofpride, or what makes one proud, but the two accounts seem to me to be very similar on this issue. The two accounts are alsoin agreement thatHume should have said that the proud person must see the cause of pride as having value rather than as an independent source of pleasure, but we are... (shrink)

It would surely have been better to entitle this work ‘Reflexions on ethical theories’, for it cannot in any true sense of the word be called a study, a scientific study which entails detailed analysis and positive criticism. In fact Professor Mackinnon presents us with a series of considerations, highly personal and at times indeed penetrating and instructive, on the moral theories of certain British and continental philosophers—of the 19th century utilitarians ; of Kant, Hegel and their followers; of the (...) theologianphilosopher bishop of Durham, Joseph Butler; of Russell, Moore and others. The impression left on one after a careful perusal of the work is that it is no more than an agglomeration of ‘mights’ and ‘perhaps’, never a clear–cut judgment. The chief general defect of the book and the cause of much obscurity is certainly this: the absence of any welldefined distinction between exposé and critique. As often as not one does not know what the opinion of the author is as distinct from his interpretation of the authors he is studying. This defect would seem to be characteristic of a great part of the ethical writing produced by the Scottish and British schools, when they do not reduce ethical theory to anything better than semasiology, to a study of ethical language or linguistic usage. Prof. Mackinnon has certainly not freed himself from the ‘present confused state of moral philosophy in this country’, which he so rightly condemns. I had thought that all philosophers, of whatever ilk, were agreed that ethical science or moral philosophy was nothing more than the study of the human being on its way towards completeness in human being, from an initial embryonic stage, as it were, to the full flowering of human perfection, manifested in perfect human being and perfect human life—a journey or precess directed and controlled by the human subject itself, fully conscious of the end to be achieved and conscious too of the steps or means towards it. I would have thought too that if we are to set up moral science as distinct from mere semasiology, or from psychology, biology, zoology or botany, then all were agreed that we have to do with the domain of free activity, of voluntary conscious activity, which obviously brings with it the order of responsibility and willed subjection to a given objective order of things, that is, of human nature itself and human perfection. I would have taken for granted too that one could study all this field of the free development of the human being towards its ultimate perfection either with a view to the acquisition of knowledge and nothing more, or precisely with a view to being in a position to direct oneself and others towards that fullness of being. That would give us two distinct modes of moral or ethical theory, the speculative or theoretical and the practical and normative, the resolutive and the compositive. I am not so sure that Professor Mackinnon is ready to admit these presupposita. He speaks of the ‘curious and almost silly claim that we are free’, and at the same time he can write about the ‘frankly metaphysical reality of freedom’, or its ‘near–metaphysical reality’. This, in the language of the author, is just another way of proclaiming that human freedom is no more than a myth, lacking all substance and reality. Moral science as distinct from all other sciences, one would think, presupposes that the moral subject be conscious of itself and its activity, that is, that it fully and clearly know that its life and its activity is its own. It must be master of its own actions, and in that sense truly master of its own destiny. Then and only then are we in the order of moral activity. However, we are warned by Professor Mackinnon that “to know that an action is mine is a very strange sort of knowledge, quite different from knowing that an apple or a book is mine: to use the word ‘know’ in such a context is a venture fraught with intellectual peril”. I sincerely think it would have been better had the author denied straight out the possibility, not just of metaphysics, but of ethical theory tout court; for he denies often enough the existence of the moral subject, namely, man freely and deliberately ordaining himself towards human consummation. Had he done that at the outset he would have been spared the trouble of writing his book. All in all, one gets the distinct impression that the author is just not sure of his ground and has no really sound criterion whereby to judge of various ethical theories. In fact the book ends with a big question–mark: ‘If we speak and write thus, do we speak and write sound and fury signifying nothing?’. Reluctantly I am constrained to answer in the affirmative. And I should like to add, so as not to appear completely destructive, but in some way constructive: if, instead of dismissing Aristotle and his followers, ancient and modern, as mere ‘intuitionists’, Professor Mackinnon would only study them seriously he would first of all find out how unjustified is his condemnation of them and then, I venture to suggest, he would acquire a light to guide him surely through the maze of ethical theory with which he grapples aimlessly and would thus be enabled to extricate himself from ‘the present confused state of moral philosophy’ in Britain. (shrink)

The reclamation of slurs raises a host of important questions. Some are linguistic: What are the linguistic conventions governing the slur post-reclamation and how are they related to the conventions governing it pre-reclamation? What mechanisms engender the shift? Others bend toward the social: Why do a slur’s targets have a special privilege in initiating its reclamation? Is there a systematic explanation why prohibitions on out-group use of reclaimed slurs vary from slur to slur? And how does reclamation contribute to (...) shaping social identities and reversing oppressive social norms and stigma? Most analyses of slur reclamation advance a single model to answer these questions. The author argues that there are different varieties of reclamation. Two predominate, what she calls pride reclamation and insular reclamation. While many features unite pride and insular reclamation, they differ with respect to the purpose of the reclamatory act, the linguistic mechanisms reclaimers employ to execute the linguistic change, and the social and grammatical roles of the reclaimed slur. By distinguishing these two types of reclamation and offering a fine-grained characterization of their properties, the author argues that we gain deeper insight into the reasons why slurs may in principle only be ignited by the target group and why pride- but not insular-reclaimed slurs become available for use by out-group members. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:15 LOCKE, HUME AND THE NATURE OF VOLITIONS 1. The concept of a volition plays a key role in the theories of mind that both Locke and Hume devise. It is central to the views each develops on the nature of action and of explanations of actions, on the character of practical reasoning, on the nature of desire, on the ways in which, most usefully, to categorize the (...) several kinds of mental states and events. Without attending closely to their concepts of volition, one cannot get quite clear about the views of each, and the considerations thought to support those views, on the vexed questions of free action and of responsibility. Whether it be Locke or Hume, then, there is good reason to scrutinize what he says of volitions. Why take them together? The principal reason is that the views of each, when considered closely, throw a quite considerable light on those of the other (or so I hope to show). But there is a philosophical point as well. A theory of volitions more adequate than either proposes must borrow from each. What is amenable to being borrowed, and what ought to be borrowed, are fairly readily seen when the two theories are put face to face. I concentrate on three central issues: the question whether volitions are thoughts; the relationship of volition to practical reasoning; the links between volitions and their effects. Hume's views on these topics are to be found chiefly in the Treatise and the first Enquiry; Locke's, of course, in the Essay. Locke's recently published correspondence with the Dutch theologian Philippus van Limborch is, however, essential reading here, and I have made extensive use of it. 16 2. Locke and Hume agree that volitions are indefinable psychological primitives that must be invoked in an analysis of voluntary action (T 399, EHU 69, E 249). They agree, too, in a number of the things that each says in his efforts to characterize volitions. They differ, however, on a fundamental point, Hume's volitions are 'internal impression[s]' (T 399); Locke's are 'thought[s] of the Mind' (E 235). As internal impressions Humean volitions are feelings akin to, but not 'properly speaking' (T 399) instances of, passions. They are like the 'direct passions' (desire and aversion, grief and joy, hope and fear) in two respects: they are 'immediate effects of pain and pleasure' (T 399); they are 'propense and averse motions of the mind' (T 574), and thus bear a special relation to action. Though they are not thoughts they have causal, thus contingent, links to thoughts, including in particular thoughts whose content specify the so-called 'immediate object of volition' (E 66). As 'distinct impression[s]' (T 625) volitions do not modify the thoughts of their objects in the logically intimate way in which, in Hume's view, the feeling essential to belief 'modiffies] the conception' (T 625) of what is believed. Hume frequently compares volitions to commands (T 623, 629, 632; EHU 48, 64, 65, 67, 68). He also, not surprisingly, denies them truth values: because they are not capable of 'an agreement or disagreement either to the real relations of ideas, or to real existence and matter of fact' it is 'impossible... they can be pronounced either true or false' (T 458; compare T 415). Locke's volitions are thoughts, not feelings; and they have their own contents and objects. '[T]he proper and only object of the will', he writes, 'is some action of ours' (E 258); in forming a volition one 17 'wills to number', say, or 'wills to walk' (C 405). Locke never says as much, but his overall theory is best read as requiring volitions to be thoughts without truth values. He contrasts 'Will' or 'the Power of Volition1 with 'Understanding' or 'the Power of Thinking' (E 128). Since 'Volition' is as much a 'Mode... £f thinking' as is 'Reasoning' or 'Judging' (E 227), however, the contrast is most plausibly taken as one between thoughts that do and thoughts that do not purport to represent the way the world is. Locke's distinction, to be examined below, between volitions and 'last judgements of the understanding' suggests the... (shrink)

Hume’s account of how the self enters the moral domain and comes to a consciousness of itself as a moral being is one which he superimposes upon his Treatise account of the constitution of the non-metaphysical self. This primordial self is for Hume constructed out of the passions of pride and humility which are themselves in tum constructed out of certain feelings of pain and pleasure, these feelings being worked on by memory and imagination, and converted back and forth (...) into series of ideas and impressions. In presenting this account of the way in which we achieve a coherent self-awareness and self-knowledge such that we ‘know our own force’, Hurne in fact employs a radical psychology which he must discard once the moral self comes into view. The use Hume makes of this psychology has gone unnoticed in the literature, but once we understand its implications we will be able to dispel the confusion that some have found in his story. (shrink)

In the Qurʾān, the night which encompass half of human life, is expressed by various concepts. From sunset to sunrise (night), various moments of the time frame are also named with different words and concepts. On the other hand, besides sleep and rest, some worship and actions that are asked to be done at night are also mentioned in the Qur’ānic verses. Also sleep at night and the night itself is mentioned as a proof of Allah and an important (...) blessing for us. When we say “night”, people first think of sleep and rest. However, as it is understood from the Qur’ānic verses, the night should not be seen only as a sleep time and rest time. Such that one of the first commandments to the Prophet Muḥammad was to wake up at night and perform various worship and deeds. Also, it is emphasized in the Qurʾān that night worship and actions influence and leave permanent impacts on human being. In this context, in this study, we tried to identify the concepts and expressions stated in the Qurʾān expressing the night-time or the time slices in it by taking into account the references in the Qur’ānic verses. Moreover, we have also examined worship and actions performed or recommended to do at night. Again, we have researched how the worship and actions performed in the calm and darkness of the night will contribute to human being. Thus, we tried to determine how the Qurʾān addresses the "night" which is the preparation time for the next day and the assessment time of the previous day.Summary: One lives half of his life during the day and the other half at night. However, he plans his daily tasks mostly according to daytime, and spends his nights mostly for sleep and rest. On the other hand, sparing the night completely for sleep and rest means that a long period of life passes passively by. That is why we have decided to do a night-time study that expresses an important time frame for human being. Although there are some ḥadīth about the importance of night worship in the sources, we tried to conduct our research within the framework of the Qur’ānic verses about the night. To determine the meaning and the importance attributed to the night by the Qurʾān, we have examined the Qur’ānic verses referring to night-time, night events and worship and actions that are desired to be done during these times. We concluded our research by making use of the main sources of tafsīr and relevant copyrighted works, articles, papers and encyclopedia articles.During the research we saw that the Qurʾān refers to the night and some time periods in it with different names. In this context, we see that concepts such as leyl (ليل), beyāt (بيات), fajr (فجر), seḥar (سحر), ğāsik (غاسق), ʿashiyy (عشيّ) and asīl (أصيل) are used in the āya. In many Qur’ānic verses, phrases reffering an entire day with specific composition such as day-night and morning-evening are used. In the composition of day and night, night is always mentioned first. In the compositions in the form of morning-evening, we see that sometimes the morning is mentioned first, and sometimes the evening. In addition to these, there are expressions such as before the sunrise, sunset, stay until evening that evokes night-time in the Qurʾān.Another point that draws attention in the research is that there are vows on the night or on certain times in the night in the Qurʾān. We can say that the vows in question are an indication of the importance that Allah gives to the night and some time in it. In fact, Allah points to the night, the functions of the night and its relationship with the day as a āyah (proof) of his existence, might and uniqueness.On the other hand, there are many good and bad historical events that happened during the night in the Qurʾān. First of all, it should be noted that the beginning of the waḥy (devine revalation), which is one of the biggest historical events, took place at night. The Qurʾān describes this night, which is mentioned as Laylat al-Qadr, as better than a thousand months. Again, it is mentioned in the Qurʾānic verses that Prophet Moses and Lūṭ left their countries by taking advantage of the darkness of the night with the believers to get rid of the evil of the oppressors. Also, deniers sometimes chose especially the night-time to carry out cheats and traps for the prophets and believers, and even attempts to assassinate. The fact that the night is dark, quiet and calm obsufucates such negative actions. For this reason, the Qurʾān recommended to take refuge in the Lord of the daybreak from the evil of the darkness.The research demonstrates that the Qurʾān asks people to perform various worships and actions in certain time periods of the night. In fact, even in the early days of waḥy, the Prophet was commanded to wake up at night and perform some worship and actions. In this context, he was asked to pray at night, read the Qurʾān by contemplating and understanding, and chant the name of his Lord. Actually, the Prophet is prepared for the heavy responsibility he took spiritually with such actions that he performed at night. Because a strong spirit and mind are necessary for facing up to what will happen during the next day. It is already stated in the Qurʾān that getting up at night has effective and permanent effects on people. Again, during the prophethood, The Prophet has advised to perform some actions such as sajdah (prostration), qiyām, tasbīḥ and tahajjud ṣalāt (night prayer) -as a special night prayer- during the night.In the Qurʾānic verses examined, some prayers and actions are asked to do at night and day regardless of time. Especially three of the farḍ of prayer (ṣalāt), namely evening, ʿišāʾ and fajr prayer (ṣalāt), are performed during the time defined as night. In addition, some aspects such as duʿāʾ (prayer), istighfār (ask for forgiveness), ṣadaqa and daʿwah (call) are mentioned in the Qurʾānic verses. It is an order or recommendation that all this be done at night as well as during the day. Especially for istighfār which means to ask for forgiveness, it is mentioned the time of dawning.As a result, we can say that there are some special features that make the night different from daytime. For instance, it prepares a suitable environment to sleep and rest for one who is tired mentally, spiritually and physically after the daytime; as the night has features such as darkness, silence and tranquility that man needs to rest and be calm. On the other hand, Allah does not want the night, which means half of human life, to be spent entirely with sleep and rest. As, one rests not only his body but also his mind and soul in the quiet and calm atmosphere of the night, Hereby, human-being starts the next day with a more vigorous mind, spirit and body. At night-time, while making an evaluation of the previous day's deeds and actions, people are also prepared spiritually and mentally for the next day's works.We can say that worship and deeds performed at night are more sincere than those performed during daytime, because man stays alone with his nafs and his Lord at night, away from the eyes. This can keep people away from riyā (pretension) and vanity that invalidates their deeds. Man's waking up and worshiping his Lord at a time when everyone is asleep shows his ikhlāṣ and sincerity. All these indicate that the time of responsibility for man is not limited to daytime. For this reason, people should think day and night together within the framework of his responsibilities and do their work accordingly. (shrink)

This interdisciplinary analysis presents an innovative examination of the nature of pride and humility, including all their slippery nuances and points of connection. By combining insights from visual art, literature, philosophy, religious studies, and psychology, this volume adapts a complementary rather than an oppositional approach to examine how pride and humility reinforce and inform one another. This method produces a robust, substantial, and meaningful description of these important concepts. The analysis takes into account key elements of pride and humility, including (...) self-esteem and self-confidence, human interconnectedness, power's function and limitations, and the role of fear. Shawn R. Tucker explores the many inflections of these terms, inflections that cast them by turns as positive or negative, emboldening or discouraging, and salubrious or vicious depending upon the context and manner in which they are used. (shrink)

Pride is a status-related self-conscious emotion. The present study aimed to investigate the nature of status behind pridein four studies with using the two-facet model of pride, status maintenance strategies and with differentiating subjective social status (SSS) and objective social status (OSS). In Study 1 and 2 we used questionnaire methods with structural equation modeling (SEM) in order to identify the relationship patterns between SSS, OSS, status maintenance strategies and pride. In Study 3 and 4 we used vignette (...) methods and SEM to identify these links. All four studies gave evidence for the SSS  prestige status maintenance strategy  authentic pride relationship pattern. Similarly consistent result was found regarding the dominance status maintenance strategy  hubristic pride link. Depending on the assessment method (questionnaire vs. vignette) and the evaluative frame of reference (self vs. other), OSS was related to either authentic and hubristic pride, only hubristic pride, or neither of them. Based on these results, one thing can be taken for granted: pride is a subjective status-related emotion. However, the present results suggest that it is not necessarily true for objective social status. (shrink)

To be successful, collaboration at work requires its participants to have a common sense about what is happening and where things are heading. But how can collaborators have such a sense in common if what is going on continuously changes? This study investigates the joint communicative work participants in collaborative activity do to remain aligned on how things are going and where things are at for the purpose of maintaining a ground in common. Our test case for illustrating this joint (...) work is the fluid and constantly changing world of software development. Our study uses a transactional approach to show how software developers working together continuously make available what they are attuned to, which constitutes their common ground that allows actions and talk to make sense. The common ground enables a common, inherently shared sense of what is happening and how things are going. Rather than having “meaning” in themselves, signifiers (words, gestures, body movements, cursor movements) create and are part of the common ground against which they make sense. Signifiers are motivated by and produce an accented visible that is available to all group members; and this accented visible (including the signs) makes for the common ground. (shrink)

Healthcare strikes have been a remarkably common and varied phenomenon. Strikes have taken a number of forms, lasting from days to months, involving a range of different staff and impacting a range of healthcare systems, structured and resourced vastly differently. While there has been much debate about strike action, this appears to have done little to resolve the often polarising debate that surrounds such action. Building on the existing normative literature and a recent synthesis of the empirical (...) literature, this paper will present a deliberative framework to assess the justifiability of strike action. I will first review the empirical literature that explores the impact of strike action, on patient outcomes and healthcare delivery. I will then discuss the debates that have occurred in this area, including an existing deliberative framework proposed by Selemogo (2014). I will argue that this framework is overly restrictive in that it could lead us to find otherwise justified strike action, unjust. I will then propose a framework that remedies these shortcomings. The framework outlines two broad conditions that should be met if strike action is to be justified. It then goes on to outline two deliberative, interrelated questions that should be used to assess whether strike action meets these conditions. For the purposes of this framework, healthcare strike action is justified when 1) it makes demands or raises grievances about some form of injustice, unfairness or threat to health and when 2) the risks in striking are proportionate to its demands or grievances. These two conditions should be considered in light of two further questions, namely, the 3) social and political context of the strike and 4) the characteristics of the strike. I will offer some further reflections on the application of this framework and its shortcomings. (shrink)

Introduction. The need for a transition to a new system of motivating state and municipal employees’ activities has been widely discussed in recent years. Moreover, some government bodies have taken certain actions in this direction. But in general, there have not been any significant changes. The authors of the article are convinced that the transition to more effective management is impossible without changing the civil servants’ remuneration system, which should motivate them to achieve significant results in the areas (...) for which they are responsible. The paper considers the conceptual approach of transferring the civil servants’ remuneration to a new system, shows the advantages of using performance indicators to stimulate the employees’ activities. The purpose of the article is to justify the reasonability of using performance indicators when remunerating state and municipal employees. Methods. Within the framework of the systems approach, the authors use structural and functional analysis, as well as general scientific methods: abstraction, comparison, description and explanation. Scientific novelty. The authors show possibilities of using the personnel performance indicators in the state and municipal service in order to increase their motivation for obtaining significant results in their work. Results. The authors analyze the conditions for successful implementing the key personnel performance indicators in the state and municipal service, describe the typical mistakes militating the effectiveness of the personnel performance indicators in public authorities. The authors develop some recommendations to improve the use of the personnel performance indicators in the system of state and municipal administration. Conclusions. The proper use of key performance indicators of state and municipal employees will significantly increase their motivation in order to achieve high efficiency in their work. At the same time, the personnel performance indicators must be balanced and matched taking into account the goals of the organization. (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage (...) against weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

Ethical decision making in medicine has recently seen calls to move towards less prescriptive- based approaches that consider the particularities of each case. The main alternative call from the literature is for better understanding of phronesis concepts applied to decision making. A well-cited phronesis-based approach is Kaldjian’s five-stage theoretical framework: goals, concrete circumstances, virtues, deliberation and motivation to act. We build on Kaldjian’s theory after using his framework to analyse data collected from a three-year empirical study of phronesis and the (...) medical community. The data are a set of narratives collected in response to asking a medical community what making ethically wise decisions means to them. We found that Kaldjian’s five concepts are present in the accounts to some extent but that one of the elements, motivation, is constructed as playing a different, though still crucial role. Rather than being an end-stage of the process as Kaldjian’s framework suggests, motivation was constructed as initiating the process and maintaining the momentum of taking a phronesis-based approach. The implications for medical ethics decision-making education are significant as motivation itself is a highly complex concept. We therefore theorise that motivation is required for leading in, continuing and completing the actions of the ethical decision taken. Appreciating the central importance of motivation through the whole of Kaldjian’s framework has implications for cultivating the virtues of phronesis and courage to take the right course of action. (shrink)

The trend to centralization of the Mizrahi narrative has become an integral part of the nationalistic, ethnic, religious, and ideological-political dimensions of the emerging, complex Israeli identity. This trend includes several forms of opposition: strong opposition to "melting pot" policies and their ideological leaders; opposition to the view that ethnicity is a dimension of the tension and schisms that threaten Israeli society; and, direct repulsion of attempts to silence and to dismiss Mizrahim and so marginalize them hegemonically. The Mizrahi Democratic (...) Rainbow [The Keshet], the most prominent proponent and representative of this trend, was established in the 1990s with the intention of being a leading civic and political body in Israeli society. While it was the Mizrahi worldview that led to selection of the organization's name and aims, their vision was to be involved in social struggle on behalf of other groups in Israeli society. Since it was established, The Keshet has aimed to function as an assertive, long-term alternative coalition exerting influence, power, and pressure on the Israeli narrative network. And, indeed, the organization has succeeded in disrupting Israeli discourse, principally, by challenging the ideological foundations of the Zionist meta-narrative. Nearing the end of the first decade of the 21st century and nearly a decade since it was established, The Keshet not only represents the most current wave of Mizrahi discourse, it has changed it to such a great degree that it is impossible to ignore its influence. Further, this alternative narrative may have significant potential to advance the internal Jewish discourse so fundamental at this time given the changing Israeli situation and regional conditions. And, while it is possible to view The Keshet and this new narrative as a continuation of the Mizrahi struggle, as a narrative The Keshet's agenda represents a post-colonial perspective and multi-cultural alternative to Zionism as a social vehicle. Amidst all of this, The Keshet continues to offer concrete proposals to change the Jewish character of the state as well as its internal and external relations. One of the primary goals of this study was to examine the rise of the Mizrahi narrative over the last two decades and the new Mizrahi discourse in Israeli society. More specifically, the study sought to attain an in-depth understanding of the central narrative created and represented by The Keshet. An additional goal was to investigate the influence of The Keshet's activity and the narrative it constructed in regard to other narratives. In particular, the study focused on The Keshet's opposition to the central Zionist narrative that infuses civic, political, and academic frameworks in Israel. Accordingly, the primary research questions investigated in the study sought to determine: What has been the influence of the Mizrahi Democratic Rainbow on the Mizrahi narrative in Israel? And, what are implications of such influence for the central Zionist narrative? Methodologically, the study was based on narrative and comparative analyses of texts from different periods of the older and newer Mizrahi narratives. The corpus included two types of texts: First, academic texts and opinion pieces, both philosophical and programmatic in nature, published in magazines, journals, books, as well as position papers; second, all of the texts published by prominent and influential figures who charted the path of The Keshet or led it organizationally and/or intellectually over the last twenty years (e. g., Yehudah Shenhav, Yossi Yona, Moshe Krief among others). All texts were examined by means of philosophical, historical and critical hermeneutic tools. This analysis revealed different levels of Mizrahi and civic discourse in Israel as well as among The Keshet's founders and leading ideologues. The study was based on a three stage process model, developed for purposes of this study, for investigation and analysis of the new Mizrahi narrative as well as other oppositional narratives, in particular opposition to the hegemonic meta-narrative. The stages are: issuing the challenge, dissolution and, liberation; that is, liberation is the measure of the ultimate success of the struggle for narrative change. Such change is not based on success in the field, but rather on a radical, fundamental reversal of thought, discourse patterns, stylistic structures, as well as forms of questioning - in this case of taken-for-granted racist mechanisms. However, the principal change is in achieving a deep, inner de-legitimization of the signifiers, categories, and reproductions of all manner of mockery that are based on immoral colonialist processes that are reinforced by regimes of fear and intimidation whose self-destruction began upon their very creation. This three stage model charts the course of the oppositional Mizrahi narrative from: accounting for the past (passing judgment on the so-called historic colonialist Zionism) to writing a new (pure Mizrahi) history and creation of a Mizrahi-Arab identity separate from the Ashkenazic, identified as Zionist. Contemporary post-colonialist discourse is integral in these stages. Such a perspective has been transformed by transitions from - binarism to hybridity, Orientalism to Occidentalism, the politics of "liberation" to "constructive" politics, from the history of consciousness to the history of change, as well as from nationalist to post-nationalist questions. Fundamentally, according to this approach, political and other struggles for the emerging narrative of Mizrahi (or Arab) history seek to centralize it in society and weave it amidst the models of multiculturalism. Undertaken in parallel, the central characteristics of all these stages are borrowed from countries in which the need for national reconciliation led to renunciation of apartheid and racist policies and historical judgment of the hegemony supported by racist leaders. In addition, these three moves were undertaken in Keshet and its ideologues by means of substantive symbolic violence directed at the hegemonic Ashkenazic discourse, which included creation of hatred of it, use of stereotypes the opposite of oppressive discourse, and adoption of an arrogant point of view toward it. This stands in stark contrast to the claims of the self-proclaimed new Mizrahi stance of a discourse established on purely ethical grounds that sought to cleanse itself of these very same oppressive elements. The model developed for and demonstrated in this study allows for analysis of oppositional narratives in which the libratory stage evolves into a form of entrapment, as appears to be occurring to the new Mizrahi discourse. This conclusion is based on the observations shared by many Keshet proponents including leading intellectuals who worked on the manifestos that were the subject of criticism from the Zionist camp. The study identified and defined the following six interwoven strata, which for purposes of explication are each discussed in a separate chapter: The first chapter presents a general theoretical discussion of the issue of the narrative and the inter-narrative struggle that has become central and applicable in various ways in the latest generation (e. g., anthropologically, hermeneutically, and philosophically). The analysis surveys different discussions in the inter-narrative struggle and locates them in the contexts, relations, and meanings derived from, representing, and indeed reproducing the narrative of national identity. The second chapter includes a historical survey of the older Mizrahi struggle that existed prior to the ascendance of the new Mizrahi narrative. Initially, Mizrahi discourse focused on expressing the ethnic protest that grew in years to follow. These feelings of discrimination and social distancing of the immigrants from Islamic countries gave birth to expressions of protest, the most prominent of which were Wadi Salib and the Black Panther Movement's various activities. The research literature contains many explanations for the exacerbation of the ethnic problem and creation of a situation that could not be ignored. The consensus academic view reached at the end of the 1970s identified a number of primary factors for this situation: the existence and extensive numbers of different ethnic groups; the relative or absolute segregation of frameworks within which members of these ethnic groups lived and acted; and the significant overlap between socio-economic status and feelings of discrimination retained by members of the Mizrahi group due years of neglect by the Ashkenazic establishment, the strengthening of Mizrahi social, cultural, and political power, as well as the emergence of a Mizrahi elite that identified with Mizrahi problems. The severe consequences of feelings of discrimination were expressed in a long series of events, such as: rioting by residents of the Rehovot Sharayim neighborhood in 1956; events of Wadi Salib in Haifa in 1959; and a chain of activities involving the Black Panthers in the 1970s. Protest was also an aspect of the "tent movement" in the 1970s and 1980s. Political activities were advanced by the Tami Movement that competed in the election for the 10th Knesset in 1981 and the Shas Movement that has continued to garner political power since being found in 1984. The 1980s and 1990s were characterized as the era of radical consciousness of Mizrahi discourse as well as by the rise to power, in consecutive order, of the political parties – Tami, Shas, and the Mizrahim HaHadashim [the New Mizrahi]. The latter party laid the foundations of the new radical Mizrahi discourse from which emerged such cultural activities as: Iton Aher [A Different Newspaper]; Bimat Kivon Aher [Another Direction Forum]; Efir'yon journal; the Halah Organization for Education in Neighborhoods, Development Towns, and Villages; Kedma; the newspaper – Patish [Hammer]; and, eventually the establishment of Keshet. The third chapter presents an examination of the materialization of the inter-narrative struggle in the case of Israel, with a specific focus on The Keshet and the new Mizrahi narrative advanced by it and intellectuals. The Keshet ideology is examined in the context of its grounding in post-colonial thought, especially that of Edward Said; the directions proposed by Ella Shohat and her followers; the central thinkers of the narrative in Israel in the last decade; and the harsh critique leveled at the Ashkenazic-Zionist narrative. The practical steps proposed for implementation within the multicultural model are also examined. Here the effort to reduce the centrality of Zionism while revealing its oppressive mechanisms was undertaken in parallel with use of these mechanisms in order to create a Mizrahi space with broad margins inclusive of alternative forms of Israeli identity in the Middle East and in conjunction with Arabs within and beyond Israel. Mizrahi traditionalism is examined in the fourth chapter in two particular respects. First, the criticism of the new Mizrahi narrative leveled by the renewed view and, second, the implications of the alternative in terms of creating a Mizrahi space that does not oppose Zionism. Rather, in opposing the post-colonialist perspective, this renewed traditionalist perspective criticizes as well as values Zionism. This space seeks to be both Jewish and Mizrahi. It does not detach itself from nationalist Zionism but rather views itself as a continuation of this tradition and, accordingly, is an effort to develop a next stage in its development. For example, an essential dimension of the traditionalist perspective, "commitment," is considered in this stage to be a fertile basis for dialogue with the past and as an anchor for contemporary interpretation of Mizrahi and other Jews' identities in Israel. The fifth and sixth chapters deal with all of the vectors of criticism directed at the new Mizrahi narrative, including its ideological foundations, philosophical stance, as well as intellectual and practical basis in the Israeli sphere in the face of Palestinian nationalism. These vectors of criticism from within and beyond The Keshet deal with issues, such as, the meaning of the movement's activities and the narrative that it offers regarding questions of Israeli identity, Israeli collective memory, and Mizrahi self-perception. At the same time, it must confront the capitalist neo-liberal narrative in a global world and thrive in a context in which it must make itself manifest amidst oppositional narratives. The final chapter presents a comprehensive, critical analysis of the new Mizrahi narrative. It does so by means of a theoretical model that examines it as an oppositional narrative – one that seeks to challenge the hegemonic meta-narrative, to dissolve the boundaries of the narrative discourse, and to propose liberation and redemption that may led to entrapment amidst a changing, a-dichotomous realities (e. g., global economic development in the face of Zionist nationalisms that display ideological strength as well as development of the sense of being an Israeli that maintains its vitality and continuity while being constituted by sectors that challenge being a Mizrahi, such as co-ethnic subjects. The Keshet's influence is dramatic and extends in a number of central directions. Its political activity and non-entry into the domains of the Israeli parliament granted the movement significant power in civic discourse and contributed to changing the persona of the Mizrahi discourse; for example, from political-party struggles over budgets and obtaining shares of the regime to changing the face of Israeli society and the centrality of the Mizrahi narrative. This change included deconstructing the Ashkenazic narrative and constructing comprehensive Ashkenazic-Zionist guilt, as evident in the Ehud Barak's request for collective forgiveness. This was accomplished through the participation of leading members of Keshet who appeared in prominent intellectual forums and engaged in lively discourse - principally in academic, social, and media domains. Such participation gave new meaning to various aspects of Israeli society while establishing different models of multiculturalism. The rise of the new Mizrahi narrative is a significant marker in the inter-narrative struggle as it represents a desire for separate or hybrid identities. And, the deep probing of the narrative constructed by leaders of The Keshet and those who identify with the movement produced a number of clear ways to distinguish it from the old Mizrahi struggle, whose history was portrayed through social protests, in a manner similar to linear vectors marked with wars and elections. The old Mizrahi struggle selected the traditional tactical struggle identified usually with social and political movements that seek to change political, social, and economic reality - from the bottom up. Their primary demand was to change decisions as well as the division of social goods and resources. Hence, this older period of struggle was not aimed at opposing the ideological foundations of the hegemonic narrative nor did it seek to undermine in a radical manner the unique nature of the state of Israel as a revolutionary solution for the problems of the Jews according to the Zionist approach, as a national home for the Jewish people, and recognition of the right to an preferred and meta-definition of Jewish nationalism. In contrast, the top down struggle advanced by the new narrative is part of an ideological movement led by the educated that is assertive and ground in post-colonialist theory. Accordingly, it was critical of the techniques and mechanisms of oppression as well as sought to attack the Zionist ideological foundations and to reveal its racist operations and the regimes that have preserved it so efficiently for many years. The uniqueness of this narrative is the intellectual offensive that continues to be advanced and, in parallel, development of the discourse struggle in Israel concerning the justification for Zionism and the concrete political proposal that Jews reject the taken-for-granted status of it as an ideology. This new narrative recognizes the historic difficulties of subversion as an emancipatory and, principally, moral effort. In addition, the new Mizrahi narrative shares the foundations and narrative of Palestinian victimization. In its radical version, the new Mizrahi narrative seeks to connect to the Palestinian narrative in order to create a new space here. According to this version, this action will take place gradually. The first stage will be characterized by opposition to Western European, Ashkenazic Zionism. The Eurocentric Zionism will surrender in the second stage, to be followed in the last stage by creation of a coalition of Jews and Arabs that will be establish through concrete actualization of the refugee status and victimization that is shared by both Palestinians and Mizrahim (whether as Mizrahim or Jewish-Arab). Not a speculative academic exercise, the goal sought by this narrative is delineate and to achieve a multicultural model in which equality, liberty, and social justice will overcome the nationalism and colonialism of either side; that is it will be neither Zionist nor Jewish. Thus, this approach stresses what is shared (e.g., acceptance of the Arab space and not a rejection of it; the legitimacy of the Arab language and culture). This is part of detachment from and historic judgment of the colonialist Zionist enterprise. This possibility includes moral elements that remove the evil and harm caused by Zionism for many years as well as inner cleansing – primarily among Ashkenazim – of attitudes towards Jews and non-Jews. Though, in this regard, it should be noted that, to date, the new narrative has not made similar claims that Palestinians undergo a similar process. The assumption seems to be that this should be tested, that the coalition proposed is a possibility that will be recognized by the Palestinians, and that they are prepared to undergo a similar, shared moral process that involves negating the state of Israel as a Jewish, Western state, a state of the Jewish people, and not only for those who live within it. These Mizrahi thinkers conducted a significant move through deconstruction and substitution of the Eurocentric narrative with a multi-cultural proposal that is optimistic and even attractively naïve. Today, they acknowledge that they did not take into account Palestinian nationalist violence directed to citizens, the traditionalist alternative, and widespread opposition within the Mizrahi community toward what is perceived to be Mizrahi seclusion. They also did not take into account the harsh criticism rendered by young and educated Mizrahim who claim that they were born into a complex, multi-dimensional, multi-layered identity that includes internalization of the language of the West and rules of the game of this complex identity. And, though they are critical of some of its values, this makes it difficult to mount internal emotional opposition to the West and to the globalization contained within this world. Hence, this more familiar world is preferred over the values of the Mizrahi-Arab alternative, particularly in regard to problems in the domains of democratic citizenship, stance taken toward women, and freedom of speech. Further, educated Mizrachim reject the post-colonialist perspective and are stridently critical of its dichotomization. They claim that such a division is irrelevant in a world in which older ideologies have collapsed and new spheres – such as cyberspace and others – are open to them in which they can present themselves with an Israeli identity that is not categorized as necessarily Mizrahi. (shrink)

In this paper, I reconstruct Hume's account of decency, the virtue associated with a limited display of pride, and show how it presents a significant challenge to standard virtue ethical interpretations of Hume. In section I, I explore his ambivalent conception of pride as both virtuous (because useful and agreeable to oneself) and vicious (when excessive and disagreeable to others). In section II, I show how the virtue of decency provides a practical solution to these two clashing aspects of pride. (...) In doing so, I demonstrate that decency is a merely behavioural virtue that requires no virtuous motive and consists of nothing more than "a fair outside." I argue that this account of decency represents a serious and underexplored challenge to standard interpretations of Hume as a virtue ethicist committed to the idea that actions derive their moral value from underlying motives. In section III, I reply to some objections. -/- . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.1 (2003) 97-109 [Access article in PDF] Notes and Discussions Reply to Mark Murphy John Deigh Northwestern University 1. Hobbes put his ideas about ethics in the form of a theory of natural law. The core of this theory appears in chapters 14 and 15 of Leviathan. Those chapters contain a systematic exposition of the laws of nature that pertain to the maintenance (...) of social order. Hobbes began this exposition by defining a law of nature as a "general rule, found out by reason," and he concluded it by referring to the laws he had expounded as "dictates of reason." 1 What he meant in saying that these rules were found out by reason and were dictates of reason is the subject of some controversy. A common interpretation is that Hobbes, having previously advanced an egoistic theory of human motivation and having then affirmed that the ultimate end of voluntary actions is the actor's well-being, took the laws to be consequences of the determination of means to this end. A good example of this interpretation can be found in Sidgwick's Outlines of the History of Ethics. 2 Introducing his account of Hobbes's ethics, having first described Hobbes's psychology, Sidgwick writes, What, then, is the conduct that [according to Hobbes] ought to be adopted...? In the first place, since all voluntary actions of men tend to their own preservation or pleasure, it cannot be reasonable to aim at anything else; in fact, nature rather than reason fixes the end of human action, to which it is reason's function to show the means. Hence, if we ask why it is reasonable for any individual to observe the rules of social behavior that are commonly called moral, the answer is obvious that this is only indirectly reasonable, as means to his own preservation or pleasure. 3One can find other examples of this interpretation in the commentaries of prominent contemporary writers on Hobbes such as David Gauthier and Jean Hampton. 4The interpretation appears sound as long as one looks only at the chapters in Leviathan that contain the core of Hobbes's ethics. Once one examines earlier [End Page 97] chapters, however, problems emerge. In particular, it becomes clear that the interpretation does not fit the accounts of reason and the other powers of human cognition that Hobbes gave in these early chapters. Hobbes uses the first three chapters of Leviathan to develop an account of the cognitive powers human beings have in common with other animals, and in the next two chapters he then discusses the powers that, being the result of acquiring language and the capacity for speech, are unique to human beings. In chapter 5, he identifies reason with one of these powers. It is, he says, the faculty of reckoning with words and other symbols. 5 And in chapter 8, he divides human cognitive powers into two categories, natural wit and acquired wit, and places the faculties of imagination, judgment, and prudence in the former and that of reason in the latter. 6 Means-to-ends thinking, he makes clear, involves the combined exercise of powers that belong exclusively to the category of natural wit. It does not involve the exercise of reason. So unless one assumes that Hobbes abandoned the accounts of reason and the other powers of human cognition that he gave in Leviathan's early chapters, one cannot interpret him as having taken the contribution of means-to-ends thinking to the determination of the laws of nature as what qualifies them as general rules found out by reason or as dictates of reason. In other words, to accept this common interpretation of Hobbes's exposition of the natural law means attributing to Leviathan a fundamental incoherence between its early chapters and the chapters containing that exposition.I raised this problem for the interpretation in my article "Reason and Ethics in Hobbes's Leviathan." 7 The problem, I argued, results from the supposition, which anyone giving this interpretation must make, that Hobbes, in defining the laws of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.1 (2003) 97-109 [Access article in PDF] Notes and Discussions Reply to Mark Murphy John Deigh Northwestern University 1. Hobbes put his ideas about ethics in the form of a theory of natural law. The core of this theory appears in chapters 14 and 15 of Leviathan. Those chapters contain a systematic exposition of the laws of nature that pertain to the maintenance (...) of social order. Hobbes began this exposition by defining a law of nature as a "general rule, found out by reason," and he concluded it by referring to the laws he had expounded as "dictates of reason." 1 What he meant in saying that these rules were found out by reason and were dictates of reason is the subject of some controversy. A common interpretation is that Hobbes, having previously advanced an egoistic theory of human motivation and having then affirmed that the ultimate end of voluntary actions is the actor's well-being, took the laws to be consequences of the determination of means to this end. A good example of this interpretation can be found in Sidgwick's Outlines of the History of Ethics. 2 Introducing his account of Hobbes's ethics, having first described Hobbes's psychology, Sidgwick writes, What, then, is the conduct that [according to Hobbes] ought to be adopted...? In the first place, since all voluntary actions of men tend to their own preservation or pleasure, it cannot be reasonable to aim at anything else; in fact, nature rather than reason fixes the end of human action, to which it is reason's function to show the means. Hence, if we ask why it is reasonable for any individual to observe the rules of social behavior that are commonly called moral, the answer is obvious that this is only indirectly reasonable, as means to his own preservation or pleasure. 3One can find other examples of this interpretation in the commentaries of prominent contemporary writers on Hobbes such as David Gauthier and Jean Hampton. 4The interpretation appears sound as long as one looks only at the chapters in Leviathan that contain the core of Hobbes's ethics. Once one examines earlier [End Page 97] chapters, however, problems emerge. In particular, it becomes clear that the interpretation does not fit the accounts of reason and the other powers of human cognition that Hobbes gave in these early chapters. Hobbes uses the first three chapters of Leviathan to develop an account of the cognitive powers human beings have in common with other animals, and in the next two chapters he then discusses the powers that, being the result of acquiring language and the capacity for speech, are unique to human beings. In chapter 5, he identifies reason with one of these powers. It is, he says, the faculty of reckoning with words and other symbols. 5 And in chapter 8, he divides human cognitive powers into two categories, natural wit and acquired wit, and places the faculties of imagination, judgment, and prudence in the former and that of reason in the latter. 6 Means-to-ends thinking, he makes clear, involves the combined exercise of powers that belong exclusively to the category of natural wit. It does not involve the exercise of reason. So unless one assumes that Hobbes abandoned the accounts of reason and the other powers of human cognition that he gave in Leviathan's early chapters, one cannot interpret him as having taken the contribution of means-to-ends thinking to the determination of the laws of nature as what qualifies them as general rules found out by reason or as dictates of reason. In other words, to accept this common interpretation of Hobbes's exposition of the natural law means attributing to Leviathan a fundamental incoherence between its early chapters and the chapters containing that exposition.I raised this problem for the interpretation in my article "Reason and Ethics in Hobbes's Leviathan." 7 The problem, I argued, results from the supposition, which anyone giving this interpretation must make, that Hobbes, in defining the laws of... (shrink)

This study investigated cross-cultural differences in individual pride and collective pride between Chinese and Americans using data from text corpora. We found higher absolute frequencies of pride items in the American corpus than in the Chinese corpus. Cross-cultural differences were found for relative frequencies of different types of pride, and some of them depended on the genre of the text corpora. For both blogs and news genres, Americans showed higher frequencies of individual pride items and lower frequencies of relational (...) pride items than did their Chinese counterparts. Cross-cultural differences in national pride, however, depended on the genre: Chinese news genre included more national pride items than its American counterpart, but the opposite was true for the blog genre. We discuss the implications of these results in relation to the existing literature on cultural differences in individual pride and collective pride. (shrink)

Opinion leaders within the community may lead debate on animal welfare issues and provide a path for information to their social networks. However, little is known about OLs’ attitudes, activities conducted to express their views about animal welfare and whether they are well informed, or not, about husbandry practices in the red meat industry. This study aimed to identify OLs in the general public and among producers and compare OLs and non-OLs’ attitudes, knowledge and actions to express their views about (...) the red meat industry. Two questionnaires, one for the Australian general public and one for Australian red meat producers, were developed to identify general attitudes. From these questionnaires, OLs were identified using a two-step cluster analysis. Subsequently, a sub-sample of 19 OLs participated in a follow-up phone interview. Results disclosed some clear OLs’ characteristics. Public OLs held more negative perceptions of the red meat industry and perceived they had more knowledge about husbandry procedures. However, their actual knowledge about animal husbandry was not different from non-OLs. Public OLs also used and trusted social and internet media more than did non-OLs. In the producer group, a large percentage of OLs were identified. Producer OLs had more actual knowledge about animal husbandry and engaged in more behaviours to express dissatisfaction with the industry than non-OLs. Unlike the public respondents, this group used conventional media more than social and internet media, and their levels of trust in all kinds of media were low. While there were clear differences, both groups believed that is important to increase communication and educate about farm practices. This may present an opportunity to develop an opinion leader intervention strategy where informed OLs could later disseminate accurate information to their social networks. Further studies should test if sustained and facilitated educational sessions between public and producer OLs can assist in increasing communication, knowledge and perhaps, may assist in achieving convergence of concerns and expectations between both groups. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 381-399 [Access article in PDF] Permissive Natural Law and Property: Gratian to Kant Brian Tierney In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as he is (...) free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to the idea of permissive natural law that Kant introduced at a key point to his argument.In a previous, complementary article I discussed in detail various apparent aporias that arose in Kant's treatment of this concept and suggested that we might understand his problems better by setting them in a broader historical context than those considered in standard works like those of Reinhard Brandt and Wolfgang Kersting. 1 This is the theme that I want to explore further in the present paper.To sum up briefly some of the difficulties in the Doctrine of Right: A central problem for Kant was to explain how rightful possession of individual property could emerge from a hypothetical state of nature where everything was common to all, where everyone had a right to everything. His argument was grounded on a concept of freedom understood as "a pure rational concept." Kant maintained that every person had an innate right to freedom and from this he deduced a universal law of Right: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone." 2 But the person who first seized for himself what had been common to all evidently did encroach on the freedom of others (their freedom to use the property that had been taken). [End Page 381]To address this problem Kant formulated a "postulate of practical reason" concerning property. Citing the Roman law doctrine of res nullius he argued that external things could in principle be acquired. 3 Then he restated the postulate as a permissive law that obliged others to respect the claim of a first occupant. "This postulate can be called a permissive law (lex permissiva) of practical reason which gives us an authorization... to put all others under an obligation, which they would not otherwise have...." 4 But to put others under an obligation is to encroach on their freedom, which would be a violation of the universal law of Right. For Kant, laws that could be discerned by reason alone without promulgation by a legislator, were understood to be natural laws. 5 The universal law of Right and the permissive law of practical reason were both laws of this kind. It seems therefore that natural law contradicted itself. It prohibited and permitted an action at the same time.Other difficulties arose as the argument proceeded. Kant repeatedly asserted that rightful possession must depend on consent expressed in "a collective general (common) and powerful will," "a will that is united originally and a priori"; 6 but he acknowledged that such a general will would not exist in a state of nature before the institution of civil society and that an act of original acquisition would necessarily proceed from a unilateral will. "But the will that a thing is to be mine... can be only unilateral." 7 And yet Kant also wrote, "By my unilateral choice I cannot bind another to refrain from using a thing, an obligation he would not otherwise have." 8 Kant never did explain how a permissive law, allowing a person to act unilaterally, could impose an obligation on others.In my earlier discussion of Kant's work I indicated that it might be fruitful to approach these difficulties by investigating some previous ways of using the language of permissive natural law, especially as it related to the origin of property rights. There is indeed a whole earlier tradition of thought to be considered. An investigation of this material... (shrink)

This essay argues that through a new and radical relationship with digital technologies that are oriented towards networking and automaticity, humans have become estranged from what philosopher Arnold Gehlen termed the ‘circle of action’ that expressed our ancient adaptation to tool use and constituted the basis for our capacity for reflective consciousness. The objectification of the material and analogue relationship that enabled humans to ‘act’ upon the world and to construct the basis for our collective endeavours, this paper shows, (...) is beginning to redirect the social orientation that tool use enabled, back to a form of individualism I term a ‘post-modern vanity’. Computer-driven automation on a networked and global scale is engendering a new illusion regarding our relationship with technology. Greek philosophy, later religion, and then the Enlightenment all saw our relation to technology as evidence of either our ‘specialness’ or our inherent ‘mastery over nature’. These perspectives resulted in our acquiring a ‘reasoned self-delusion’ wherein for the individual life had meaning and was ontologically tolerable—we thought ourselves to be of a realm beyond raw nature. Automation, however, to an unprecedented degree, objectifies and exteriorizes the processes of technology use, alienating the individual from the ‘circle of action’. This process is throwing us back to another form of what this essay terms a ‘reasoned self-delusion’ where we increasingly believe that we no longer need each other so much. The cult of computer efficiency and the virtual sphere of the network that it has spawned, I argue, is a largely barren sphere of radical individualism, a post-modern vanity, where we exist at a borderland closer to nature and to the animals than we have been for thousands of years. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XXII, Number 1, April 1996, pp. 23-48 Fantastick Associations and Addictive General Rules: A Fundamental Difference between Hutcheson and Hume MICHAEL B. GILL The belief that God created human beings for some moral purpose underlies nearly all the moral philosophy written in Great Britain in the seventeenth and early eighteenth centuries. David Hume attacks this theological conception of human nature on all fronts. It is (...) out of these attacks that Hume develops his own "science of man" based solely on "experience and observation."1 Francis Hutcheson is often taken to be the most important positive influence on Hume. And there can be no doubt that Hume does take on board several crucial Hutchesonian elements. But Hutcheson's moral theory, like that of most of his contemporaries, is grounded in a theological conception of human nature to which Hume is adamantly opposed.2 In this paper I will examine how Hume's disagreements with Hutcheson embody the anti-theological purpose that defines Hume's work as a whole. I will look, in particular, at Hume's and Hutcheson's different positions on the principles of association. I hope to show how Hume's use of these principles in the Treatise advances his larger goal of placing "the science of man" on "a foundation almost entirely new" (T xvi). I will proceed, first, by explaining Hutcheson's conception of human nature and his use of the principles of association; second, by sketching in broad outline how Hume's accounts of the origins of justice and natural virtue undermine crucial components of Hutcheson's conception of human nature; and third, by elucidating in more detail an aspect of Hume's associationism that is particularly revealing of his distance from Hutcheson. Michael B. Gill is at the Department of Philosophy, Purdue University, 1360 Liberal Arts and Education Building, West Lafayette IN 47907 USA. email: [email protected]. 24 Michael B. Gill I. Hutcheson and Association Hutcheson discusses the mind's tendency to associate in all of his writings, but his most extensive treatment of the matter comes in his Essay on the Passions.3 Hutcheson begins the Essay by telling us that something is good if and only if the perception of it "Causes, or Occasions" a pleasurable feeling, and that something is evil if and only if the perception of it causes or occasions a painful feeling (EP 2). Crucially, Hutcheson denies that all of our pleasures and pains are of the same type (EP 1-8).4 He holds, rather, that there are at least five distinct types of pleasures and pains and that each of them grounds a different irreducible type of good and evil. There are, first, the pleasures and pains caused by things we perceive through the external senses of taste, touch, smell, etc.; things that cause such pleasures are called naturally good, while things that cause such pains are called naturally evil. Second, there are the "Pleasant Perceptions, arising from regular, harmonious, uniform Objects" (EP 5); the things that cause these pleasures are called beautiful.5 Third, there are the pleasures and pains we feel upon perceiving the happiness or misery of other human beings; the things that cause these pleasures are called public goods while those that cause the corresponding pains are called public evils. Fourth, there are pleasures and pains, usually called approval and disapproval, that we feel upon perceiving the actions of others; the actions that cause approval are called virtuous or morally good, while those that cause disapproval are called vicious or morally evil. Finally, there are the pleasures and pains we feel upon perceiving others' moral perceptions of our own actions; the pleasure of perceiving others' approval of one's actions is called the feeling of honor, while the pain of perceiving others' disapproval is called the feeling of shame. For Hutcheson, then, natural goodness, beauty, the public good, virtue and honor are all defined by our pleasures and pains. He does not think, however, that these are defined by just any of our actual or occurrent pleasures and pains. He holds, rather, that they are defined by the pleasures and pains we feel under certain privileged... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 11.1 (2004) 71-80 [Access article in PDF] Some Reflections on the (Analytic) Philosophical Approach to Delusion Louis A. Sass There are more things in heaven and earth, Horatio, Than are dreamt of in your philosophy." —Hamlet, Act I, Scene 5 The peculiar, often problematic phenome na of psychopathology have been attract ing the attention of analytic philosophers in recent years. The topic of delusion (...) has been a particular draw, with a number of analytic philosophers attempting to use their conceptual tools, usually combined with ideas from cognitive neuroscience, to criticize the traditional understanding and to clarify the nature of this central psychiatric topic. It is useful to have this kind of interdisciplinary dialogue. Indeed, there is good reason to hope that concepts honed in the philosophy of mind and other philosophical subfields will help to sort out our understanding of a phenomenon (or set of phenomena) for which contemporary psychiatric definitions and conceptualizations are clearly inadequate and, in some respects, downright misleading (see Parnas and Sass 2001; Spitzer 1990).1Here, however, I would like to call attention to some weaknesses that, it seems to me, are rather common (I do not say universal) in many analytic philosophical approaches to psychopathology. In my opinion, there is a tendency to formulate issues and arguments in overly polarized, even dichotomous terms, and then to rely too uncritically on these essentialistic formulations in exploring the domain of inquiry. Although this polarizing tendency sometimes has the salutary effect of clarifying conceptual domains, it can, when taken too far, actually hamper our understanding of phenomena that are often fraught with ambiguities and complexities that defy many standard conceptualizations.The relationship between philosophy and psychopathology is obviously a two-way street—we are familiar, for example, with disorders that challenge deep philosophical assumptions about self and mind (e.g., blindsight, split-brain phenomena, perhaps also Dissociative Identity Disorder, and the first rank symptoms of schizophrenia). I am suggesting that, in their work on delusions, philosophers may need to put more emphasis on moving from the natural phenomena [End Page 71] of psychopathology and to the domain of philosophical analysis.I believe that a greater sensitivity to the modes of knowing associated with the phenomenological tradition, and to the forms of conceptual self-critique fostered by Ludwig Wittgenstein, are crucial ingredients for any adequate approach to delusion as well as many other topics in psychopathology. In my opinion, the work of many analytic philosophers interested in psychopathology would be enriched if they spent more time trying to discover and imagine what it might be like to experience certain kinds of abnormal psychiatric conditions, and also speculating about what implications such experiential modalities might have for action and verbal expression. I believe they would also be wise to spend more time questioning, and attempting to transcend, the philosophically derived conceptual distinctions and dichotomies that appear to organize their conceptual universes. Phenomenological imagination and Wittgensteinian critique can show how to move outside the conceptual capsule and into the rich and strange realms of actual experience, both normal and abnormal.So far I have offered only slogans. Let me use the articles by Tim Bayne and Elisabeth Pacherie (2004) and Robert Klee (2004) to flesh out the criticisms I have offered. There is much that is intelligent and much that is worthwhile in both their articles. (For example, I was largely convinced by the criticisms of John Campbell and of Donald Davidson that are central to the articles by Bayne and Pacherie and by Klee, respectively.) Here, however, I will focus only on issues that illustrate the above-mentioned tendencies—tendencies that, in my view, tend to infect even the best writings on the (analytic) philosophy of psychiatry. I will also make some remarks about the works of Campbell and Davidson, the two philosophers criticized in the articles by Bayne and Pacherie and by Klee. Because the article by Eugenie Georgaca (2004) is in a different tradition, I will say only a few words about it at the end. Bayne and Pacherie on the Preservation-Of-meaning... (shrink)

Fundamental motor skills of children can be affected by different variables, such as executive functions, gender and relative age. However, the effects of these variables on FMS have been scarce studied, especially in early childhood, and show inconsistent results. To clarify these relationships, this study was carried out. Its aim was to analyze whether EF, gender and relative age influenced FMS in 43 Spanish kindergarteners. A multimethod and mixed methods approach was used. Kindergarteners’ teachers completed the Childhood Executive Functioning (...) Inventory to know the children level of EF. Kindergarteners’ parents complimented ad hoc questionnaire reporting the children gender and birth data. A Nomothetic/Punctual/Multidimensional observational design was used to observe children FMS in their habitual motor sessions at school. Two-way ANOVAs were performed to know the independent and interactive effects of working memory level, inhibition control level, gender and relative age on FMS. Results showed these variables have independent and interactive effects on some FMS, but not on others. FMS influenced by these variables vary depending what independent variable is/are considered. Therefore, it can be concluded that the influences of teacher-rated EF, gender and relative age on observed FMS in kindergarteners are complex and specific. Results obtained must be taken into to design and implement instructional and intervention strategies, as well as educational and sport policy changes, especially in early childhood, when FMS are more malleable. (shrink)

In this paper a tentative neurophysiologically framed approach of the Freudian unconscious that would function on the basis of linguistic (phonological) organizing principles, is proposed. A series of arguments, coming from different fields, are taken together. First, clinical reports indicate that in a state of high emotional arousal linguistic fragments are treated in a decontextualized way, and can lead to the isolation of phoneme sequences which, independently of their actual meaning, are able to resort emotional effects. Second, phonological and (...) neurophysiological arguments are given to make the case that language processing – be it producing, receiving or imagining language – is a motor event. A crucial distinction is proposed: while contextualized processing correlates on a neurophysiological level with action understanding, and is psychoanalytically akin to secondary processing, decontextualized language processing has a neurophysiological counterpart in object understanding and is psychoanalytically akin to primary processing. Third, isolated speech fragments are therefore considered as objects which, similarly to non-linguistic objects, undergo emotional conditioning and establish an idiosyncratic linguistically structured emotional memory. Phoneme sequences which in this way come to carry high emotional valences are thought to be more readily subject to threaten the bodily integrity, and therefore more readily inhibited. When this inhibition leads to the prevention of effective realization of the voluntary motor output, this is thought to result in the sustained high levels of neuronal activation which seek for release by attracting substitutes that are phonemically similar to the censored speech fragments though they are cognitively non threatening. As a result, the speech of the subject would be particularly concerned with the verbalizations of these substitutive phoneme sequences. In summary, the Freudian unconscious is conceived as the instantiation of a linguistic action space which would be idiosyncratically organized by particular phonemic “phantoms” operating as attractors for the subject’s (linguistic) actions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:74. RULE-UTILITARIANISM AND HUME'S THEORY OF JUSTICE One of the striking features of Hume's theory of justice is the narrowness of the range of judgments it is designed to illumine. For Hume the paradigms of judgments of justice are judgments about particular actions, not judgments about laws or institutions or states of affairs. Moreover, the characterization of actions as just or unjust is possible according to Hume only in (...) a certain kind of legal context - namely when questions arise about the conformity of conduct to a certain class of legal rules, those which comprise the law of property. In such contexts, actions are said to be just if they are in accordance with property rules and unjust if they are contrary to them. Of particular interest is the exclusion of judgments about the law - and in particular judgments about property rules - from the class of judgments of justice. Hume recognizes, of course, that we often have occasion to evaluate rules of law, including the rules which make up the law of property. When such judgments have to be made, however, it is never their justice or injustice which is in question for Hume. The fact that he often refers to the rules of property as "rules of justice" may seem to be inconsistent with this view, but it is not. When Hume refers to property rules in this way, it is not because he wishes to signify that the rules themselves satisfy some principle of justice, but rather because he conceives of them as embodying our criteria for the making of judgments about the justice of particular acts. Property rules cannot be viewed as "rules of justice" in this sense without satisfying some supralegal standard of acceptability. But the standard in quesrtion is social utility, not justice. Property rules qualify as "rules of justice", then, not because they are just but rather because they serve the public interest. Like some contemporary rule-utilitarians, Hume expressly disallows the question whether particular acts of 75. justice are socially useful. Or rather, to be more accurate, he claims that the disutility of particular acts sanctioned by property law counts neither against their being regarded as "acts of justice" nor against recognition of the obligation to perform them. Neither the characterisation of particular actions as "just" nor the stringency of the obligation to perform them is affected by the discovery that they might have to be said not to be in the public interest if attention were to be concentrated on the special circumstances of their performance. The reason is that it is a mistake, Hume thinks, for such acts to be viewed in isolation from other similar acts. Rather they must be seen as forming part of a scheme or system - a scheme or system which, taken in its entirety, serves the public interest. Hume's theory of justice thus embodies an unusually neat distinction between questions of justice and questions of social utility. When questions of justice are allowed to arise which is when the justice of particular acts is to be determined - questions of social utility do not arise. And when questions of social utility are allowed to arise - as they do when property rules have to be evaluated - questions of justice do not arise. Despite the sharp distinction he draws between justice and utility, Hume's theory of justice is clearly a utilitarian one. It is indeed a veritable prototype of the kind of theory now dubbed "rule-utilitarian". As such it has obvious attractions for would-be utilitarians, if it can be made to work. It would enable utilitarians to offer an account of judgments of justice in terms of rules enjoying the status of secondary principles of morality. Justice judgments could be represented as a special sub-class of moral judgments and the principles regulating them as subordinate to, and derivable from, the principle of utility. The vexed question of the relation between justice and utility would thereby be resolved without challenge to the assumption that they are different values and also without 76. abandonment of the claim that the principle of utility is the only underivative moral principle. By contrast, utilitarians for whom the... (shrink)

Publishers love titles that begin How or Why. Better still, How and Why, combining edification with utility. The target group is that overlap between the self-help audience and the idly curious—which is to say, most of us. And since emotions are very much about self-help and self-harm, they offer rich pickings in a burgeoning market. Flanagan's How to Do things with Emotions is a philosopher's take on moral emotions, the allusion to J. L. Austin's How to Do Things with Words (...) chiming with the self-help milieu. Reviewing cases, Flanagan points out that most scientific work in this field derives from experiments on psychology students, about as unrepresentative a slice of humanity as you could find. For Flanagan, they are too WEIRD (Western, Educated, Industrialized, Rich, Democratic) to tell us much about the non-weird majority. To learn to “do emotions better,” he argues, we have to look farther afield. Although the emotional lives of cultural others are surely different from those taking Psychology 101, at some functional level they might be similar. Work out the conceptual logic and practical rationale of culturally elaborated emotions—Minangkabau “shame,” Ifaluk “righteous anger,” American “road rage”—and there is scope for comparison. Indeed, anthropology has shown as much, and it is from anthropology that Flanagan takes his cues. To mention two famous cases, what can we learn about anger management from Utku igloo-dwellers and Ilongot headhunters? Mutually dependent for survival in their snowy isolation, the Utku cannot risk getting angry. (They mercilessly tease their children into learning the futility of anger.) In the jungles of Luzon, Ilongot youths cast away their anger in externally directed violence: headhunting as cathartic sport. We can think of parallels closer to home.Flanagan's vigorously argued book, a tour de force of its kind, is both an anatomizing of anger and shame—two moral emotions we tend to “do badly”—and a proposal to “change how we do these emotions.” Indignation is fine, but anger that is vengeful or “pain-passing,” rather than righteous, is irrational and socially harmful. Shame can be incapacitating and cruel (the undeserved burn of a Twitter pile-on). What we need is reflective anger directed at injustice and a “mature sense of shame” that reminds us of the social contract and stops us misbehaving.In its How-and-Why format, the book combines theory and practice, metaethics with moralism. Here is how a prof should do self-help. But if the diagnosis is well made, the remedy is hard to imagine. As Flanagan recognizes, moral sentiments and practices are embedded in intricate forms of life and not readily detachable. Anger Utku-style is not a transferable skill, nor are educative routines forged in social ecologies remote from our own. Lacking serviceable models, Flanagan falls back on the anthropological justification that knowledge of cultural diversity expands our sense of human possibility, of other roads taken. In a globalizing world, difference is its own reward. For me, an anthropologist, that maxim is enough. Yet difference bedevils comparison, jinxing the units, warping criteria. Most languages lack a word for emotion or an equivalent umbrella concept; nor do emotion words translate well across languages. Emotion may be an incoherent notion, or at best a heuristic.Flanagan's use of the WEIRD tag makes things a bit too easy. Does it cover farmhands and factory workers? Are we so democratic, anyway? More damagingly, a typological approach blurs the circumstances of family, community, and biography that define an emotional episode and shape its phenomenology, the way it is felt and experienced—what a violent outburst or fearful exit means in the context of a life. Take Joseph Conrad's Lord Jim, who flees a scene of failure and derails his life. It requires a long narrative to unravel the implications of his jumping ship and the paralyzing shame he experiences before the judgment of society. Or consider the scene in Anna Karenina in which the dignified and self-important Karenin, apprised of Anna's adulterous liaison, agonizes over the threat to his existence. To call his response jealousy would not scratch the surface. Characteristically for Tolstoy, the emotions go unnamed. Instead, we witness Karenin's fervid deliberations (emotions involve thoughts), vacillations (emotions have action tendencies), anguished calculations of impending scandal (emotions are appraisals), and bodily changes (emotions are cognized feelings). We shudder at the brutal metaphors through which he grasps his predicament and its cure: like rooting out a bad tooth, he decides. That welter of particularities escapes the theorist who needs clear-cut, comparable units, formulaic instances of jealousy or anger. But what are you left with if you omit the details? What would remain of Karenin's existential crisis?The novelist's privileged access to subjectivity is, of course, unavailable to the scientist, but the larger context of plot and character—a history of relations that gives emotional episodes their shape and power—has its analog in the ethnographic domain. Emotions are public as well as private events, their meanings and effects depending on a fit with social reality, a clash of perspectives. In thought and feeling, we are never really alone. All of which suggests that narrative, fictional or nonfictional, can capture the ongoing moment in a way that eludes other methods. If what we are after is living emotion, it is the movie, not the snapshot, that surely matters. No point in comparing “emotions” no one ever really experienced outside of an experiment.But there's the rub. In generalization—the goal of emotion theory—an emotion's social meaning, personal significance, pragmatic function, and narrative context get stripped out. All that makes it what it is! Even in doggedly empirical anthropology, detailed emotional episodes are rare (Jean Briggs's Utku ethnography Never in Anger, published in 1970, is still unsurpassed). Instead we get recollections and summary examples, lacking the constitutive detail, real-time evolutions, and consequences of the real thing. Yet these must serve for comparison, fodder for countless theoretical speculations. Are we at risk of analyzing faux emotions and building theories on cardboard constructions?An empty Arctic stage, a handful of characters, life simplified to survival: Briggs is a hard act to follow. Bare life does not make for basic emotions. On the white set, emotions prove hard to parse. That gruff hesitation, that flashing glint—are they tokens of anger? Empathy will not suffice. As Briggs shows, narrative context is all. And in our more cluttered emotional worlds, the value of backstory, interwoven biographies, and emotional plots is all the greater. Flanagan is right; we must do emotions better. (shrink)

We can see from the analysis set out here that the two accounts that were the focus of consideration are complementary to one another. It has been my contention that a problem like specifying a concept such as ‘refrain’ is highly complex. One part of it is the problem of determining the relation between the action (or event) and the result. Another part of the problem is that of describing the event itself; what kind of an event is it? (...) These two projects are related and so it is clear that the results must be consistent. However, it is equally clear that the definition which is useful for one project is not the same as that which is helpful for another. The point is that it should not be assumed that an account that initially looks incompatible with one's own must be refuted. It is sometimes better to consider what is needed for a complete account, and whether many different approaches may contribute pieces to the puzzle.We have here one puzzle piece: an analysis of refraining. It should not be assumed that we have thereby completed the puzzle of omission, but omission can be approached the same way; that is, by coordinating parallel projects.Accordingly, the first benefit of the present analysis is that it sets up an approach which is modular in nature. It allows for parallel projects to be pursued separately and coordinated. This kind of approach is sorely needed in this area to counter unproductive dispute.To see how such an approach can be applied to further problems profitably consider the following persistent controversy. Many philosophers are at odds over the importance of the notion of duty, or more informally, reasonable expectation in the understanding of refraining. A number of them (e.g., Hart and Honore, John Casey, and Phillipa Foot) hold that the determining feature for the ascription of responsibility to an agent for not doing something to prevent a harm (say, a death) is the presence of a duty or reasonable expectation that the agent do something about the situation. For example, John Casey holds, “If a man does not do x, we cannot properly say that his not doing x is the cause of some result y, unless in the normal course of events he could have been expected to do x.” Casey, Actions and Consequences (1978).Other philosophers object that a person can cause a result by refraining from (causally) preventing it, and that such an event can be explained without any reference to duty. These two views appear to conflict, but in fact they are both right (but both incomplete). The reason that the above statements are generally thought to constitute a disagreement is that ‘refrain’ is generally taken as the fundamental term of analysis for omissions. Thus, if Casey says, “If a man does not do x...” he is taken to mean “...if a man refrains from doing x...” But he need not mean that. He may mean to say only that the man failed to do x. See my analysis in “Contemplating Failure,” supra note 10. Failing to do something can be, and ordinarily is, thought of as stronger than simple nonaction. But it is much weaker than refraining. For one thing, it has no awareness requirement. Thus, an account like Casey's can explain the ascription of responsibility and the presence of an omission where Green's account (or the account offered here) cannot, and vice versa. Casey's view can explain why we hold (or at least that we hold) responsible the night watchman who forgets to check one of the windows, the bookkeeper who (accidentally) omits an entry in the accounts, or the private duty nurse who fails to prevent a death by falling asleep on the job. No refraining is present in any of these cases. Consequently, any thesis based on refraining alone cannot explain them. But in many cases refraining is precisely what is important, and Green (and others of the same persuasion) are correct to point out that no reference to duty is necessarily required to account for these cases. Analysis based on refraining best explains intentional or conscious omission. Analysis based on duty or reasonable expectation is the only way to explain unconscious omission. More often than not, both elements are present. A complete account of omission needs both. So here again, the better way to view these putatively competing accounts is as parallel projects which work toward a common, but complex end. The approach taken here allows for this kind of much needed coordination. The second benefit of the present analysis is that it clarifies and focuses on the significance of the mental element of refraining. Refraining is conscious omission. Consciousness and omission are its distinguishing features. The effects of seeing the concept this way are pervasive. Here is one example. If I refrain from reporting my full income to the IRS, I have committed fraud, and punitive or even criminal sanctions may be reasonable. If I fail to report my full income through ignorance or mistake (say, I misunderstood the instructions) correcting the error and requiring payment is reasonable, but certainly criminal sanction is not. This oversimplifies the distinction, but it illustrates the focus of my pursuit.With regard to positive actions, law and philosophy have long recognized this important distinction as manifested in the difference between negligence and intentional tort, or manslaughter and murder. Due (I think) to the extraordinary flexibility of language and the weakness and variability of social conventions regarding omissions, this distinction has not been clearly articulated. I think such an analysis is worth pursuing. The present account is one step in that pursuit. (shrink)

Any future-oriented work, whether of academic or policy kind, needs a vision of the future, however vague. It is well known that such predictions are bound to be wrong, at least on the margin. The question is how to minimise that threat and make reliable assumptions. In this chapter we discuss a strategy of hypothetical retrospection. By imagining a future state of the world that is radically different from the present, we scrutinise hidden assumptions and suppositions taken for granted (...) in philosophical and policy visions of the future. More specifically, we discuss one example from political philosophy, which is John Rawls’s theorising about justice between generations, and three examples from policy, which are all from a Swedish context. We highlight some of the assumptions made in these disparate works, such as economic growth and acceptance of inequality. With the use of Tim Mulgan’s thought experiment of a ‘broken world’, where there are not enough resources to meet everyone’s basic needs, we, as it were, retrospectively assess the embedded assumptions. The main ambition is not to suggest that they are wrong from this perspective, but that the optimism they exhibit is not beyond doubt. (shrink)

Legality in the Global South suffers from problems of application by convenience. Some rules are applied, and some are not, depending on certain actors, such as the State, the stakeholders, or others. This undermines legitimation as constructed by legality and due process. These problems are connected to a wider complex formed by coloniality, internal colonialism, and a form of functional differentiation that limits autonomy of the different social systems. This complex of structural properties allows States and other actors (...) to systematically use one system against the other or—within a given system—one level of rules against the other. This was the case in Ecuador: in the initial months of quarantine due to Covid-19, the government took decisions about external state bonds following international legislation—and quite contrary ones related to local work contracts. Once again, legality followed different paths in diverse cases. Ecuadorian economic authorities accept and respect conditions on external public bonds which are protected by some complex and specific clauses to secure the payment. The same authorities have different practices towards international and national legislation that were organized in the sense of legal subsidiarity. This text will explore reasons and effects of legal de-differentiation in the Global South in times of crisis. The Ecuadorian case in time of Covid-19 helps to understand how structural problems related to the lack of autonomy of the legal system are perpetuated and lead to effects of convenient political action. (shrink)

Destination therapy is the permanent implantation of a left ventricular assist device in patients with end-stage, severe heart failure who are ineligible for heart transplantation. DT improves both the quality of life and prognosis of patients with end-stage heart failure. However, there are also downsides to DT such as life-threatening complications and the potential for the patient to live beyond their desired length of life following such major complications. Because of deeply ingrained cultural and religious beliefs regarding death and the (...) sanctity of life, Japanese society may not be ready to make changes needed to enable patients to have LVADs deactivated under certain circumstances to avoid needless suffering. Western ethical views that permit LVAD deactivation based mainly on respect for autonomy and dignity have not been accepted thus far in Japan and are unlikely to be accepted, given the current Japanese culture and traditional values. Some healthcare professionals might regard patients as ineligible for DT unless they have prepared advance directives. If this were to happen, the right to prepare an advance directive would instead become an obligation to do so. Furthermore, patient selection for DT poses another ethical issue. Given the predominant sanctity of life principle and lack of cost-consciousness regarding medical expenses, medically appropriate exclusion criteria would be ignored and DT could be applied to various patients, including very old patients, the demented, or even patients in persistent vegetative states, through on-site judgment. There is an urgent need for Japan to establish and enact a basic act for patient rights. The act should include: respect for a patient’s right to self-determination; the right to refuse unwanted treatment; the right to prepare legally binding advance directives; the right to decline to prepare such directives; and access to nationally insured healthcare. It should enable those concerned with patient care involving DT to seek ethical advice from ethics committees. Furthermore, it should state that healthcare professionals involved in the discontinuation of life support in a proper manner are immune to any legal action and that they have the right to conscientiously object to LVAD deactivation. (shrink)