Crisis requires society to renew itself, albeit in a disruptive way. The current Covid-19 pandemic is transforming ways of working, living, and relating to each other on a global level, suddenly and dramatically. This paper focuses on the field of education to show how higher education institutions are undergoing radical transformations driven by the need to digitalize education and training processes in record time with academics who lack innate technological capabilities for online teaching. The university system must strive to overcome (...) this situation to be competitive and provide high-quality education in a scenario of digital transformation, disruptive technological innovations, and accelerated change. To achieve these goals, this paper explains some barriers and challenges that universities encounter, as well as technological resources and methodologies they have used in the current scenario to transform higher education to face Covid-19 disruption. The discussion and conclusion synthesize significant insights that can be applied to the digitalization of education in the foreseeable future. (shrink)

Since some AI algorithms with high predictive power have impacted human integrity, safety has become a crucial challenge in adopting and deploying AI. Although it is impossible to prevent an algorithm from failing in complex tasks, it is crucial to ensure that it fails safely, especially if it is a critical system. Moreover, due to AI’s unbridled development, it is imperative to minimize the methodological gaps in these systems’ engineering. This paper uses the well-known Box-Jenkins method for statistical modeling as (...) a framework to identify engineering pitfalls in the adjustment and validation of AI models. Step by step, we point out state-of-the-art strategies and good practices to tackle these engineering drawbacks. In the final step, we integrate an internal and external validation scheme that might support an iterative evaluation of the normative, perceived, substantive, social, and environmental safety of all AI systems. (shrink)

A recent fMRI study by Webb et al. (Cortical networks involved in visual awareness independent of visual attention, Proc Natl Acad Sci U S A 2016;113:13923–28) proposes a new method for finding the neural correlates of awareness by matching atten- tion across awareness conditions. The experimental design, however, seems at odds with known features of attention. We highlight logical and methodological points that are critical when trying to disentangle attention and awareness.

Studies demonstrating the benefits of ethical behavior at an individual level are scarce. The business ethics literature centers its analysis on unethical behaviors and their consequences, rather than ethical behaviors and their benefits. There is now considerable debate on the role of auditors in society and the function of accounting firms in the free market capitalist system. Specifically, the eminently ethical nature of the auditor’s work has been highlighted. Therefore, the aim of our paper is to show the impact of (...) auditors’ sustained ethical behavior: the trust it generates. This trust results in considerable benefits for the firm due to a reduction in the costs of the partner’s supervision of the auditor. The methodology chosen to validate these claims is a survey of partner of the audit firm in auditing companies. The results of this research confirm the hypotheses raised in the theoretical model. (shrink)

The present research study focuses on how the language of instruction has an impact on the mathematical thinking development as a consequence of using a language of instruction different from the students’ mother tongue. In CLIL (Content and Language Integrated Learning) academic content and a foreign language are leant at the same time, a methodology that is widely used in the schools in the present times. It is, therefore, our main aim to study if the language of instruction in (...) second language immersion programs influences the development of the first formal mathematical concepts. More specifically, if the learning of mathematical concepts in the early ages develops in a similar way if it is taught in the students’ mother tongue and is not influenced by the language used for teaching. Or else, if it can influence the development of the first skills only in the students’ general performance or in certain areas. The results of both the analysis of variance and multiple regression confirm how influencing the language of instruction is when mathematical thinking is developed teaching formal contents in a non-coincidence language. The second language is affecting the resolution of daily life problems, being more competent those students in 1st grades whose language of instruction matched with their mother tongue. (shrink)

Providing meaningful and actionable explanations for end-users is a situated problem requiring the intersection of multiple disciplines to address social, operational, and technical challenges. However, the explainable artificial intelligence community has not commonly adopted or created tangible design tools that allow interdisciplinary work to develop reliable AI-powered solutions. This paper proposes a formative architecture that defines the explanation space from a user-inspired perspective. The architecture comprises five intertwined components to outline explanation requirements for a task: (1) the end-users’ mental models, (...) (2) the end-users’ cognitive process, (3) the user interface, (4) the Human-Explainer Agent, and (5) the agent process. We first define each component of the architecture. Then, we present the Abstracted Explanation Space, a modeling tool that aggregates the architecture’s components to support designers in systematically aligning explanations with end-users’ work practices, needs, and goals. It guides the specifications of what needs to be explained (content: end-users’ mental model), why this explanation is necessary (context: end-users’ cognitive process), to delimit how to explain it (format: Human-Explainer Agent and user interface), and when the explanations should be given. We then exemplify the tool’s use in an ongoing case study in the aircraft maintenance domain. Finally, we discuss possible contributions of the tool, known limitations or areas for improvement, and future work to be done. (shrink)

The article fits into the debate regarding space, time and nature in dialogue with the world lived by subjects that build up themselves or are built as mythological heroes, source of speech and spacial concrete practices. It's a poorly explored field in Geography that recently approaches to the cultural dynamic debate, to the symbolic field and also to their spacialization processes. The aim is to discuss the possibility of understanding in the present time about the space organization processes related to (...) the society's previous moments, in a space/time dialectics which articulate the present and past times in a complex and non linear way. Methodologically, starting from a literature review about the theme, the present study was linked to the field and documental research about migration to the vicinal ways of Transamazônica Highway (BR-230 Highway), the creation of the "Centro Espírita União do Vegetal", a religion that arises in the Amazon and set up its headquarters in Brasília and the construction of Brasilia as a modern metropolis without a past. The conclusion points at the possibility of space/time nexuses linking the Myth of Nature to the Creation of Heroes, constantly appropriated and with new meanings, in order to support speeches and new actions dialectically throughout the Brazilian contemporaneous space. (shrink)

Resumen: La sociedad requiere de forma creciente la realización efectiva de instancias participativas dirigidas a fomentar la colaboración entre distintos ámbitos organizacionales, disciplinarios y socio-culturales. Los desafíos intrínsecos a este tipo de instancias requieren el desarrollo de metodologías que permitan insertar reflexividad dentro del ámbito dialógico y orientar el mismo hacia la creación de “boundary objects” que pueda servir de referente entre las distintas perspectivas involucradas, constituyéndose en un facilitador para la colaboración futura. Para responder a estas necesidades, el artículo (...) elabora, a partir del concepto de metálogo originariamente propuesto por Gregory Bateson, una propuesta sistémico-constructivista de observación e intervención contextual, dirigida a fomentar reflexividad a partir de la promoción de observación de segundo orden. En este contexto de mayor reflexividad, se promueve la co-construcción de documentos donde se coordinen las perspectivas de los participantes y las expectativas de los arreglos estructurales y organizacionales en los que estos operan. El artículo justifica teóricamente y describe la técnica del metálogo, además de destacar aprendizajes, buenas prácticas y reflexiones derivadas de su aplicación en diversas experiencias transdisciplinarias en Chile.: Contemporary society shows an increasing demand for participatory instances able to effectively foster the collaboration of diverse organizational, disciplinary and socio-cultural areas. The challenges intrinsic to such participatory instances require the development of methodologies that may allow for the insertion of reflexivity within the dialogical interaction, while also promoting the collective construction of "boundary objects": such objects, in turn, by serving as a common reference for the different perspectives involved in the dialogue, have the potential of facilitating the future collaboration among such perspectives. To respond to these demands -and inspired by the notion of metalogue originally introduced by Gregory Bateson- this paper elaborates a systemic-constructivist proposal of observation and contextual intervention, aimed at fostering reflexivity within dialogical-participatory instances by inducing their participants to perform a second-order observation of the distinctions mobilized within the interaction. Building upon this reflexivity, the metalogue pursues the co-construction of documents able to coordinate the perspectives of the participants and the expectations of the structural and organizational arrangements in which they operate. In addition to justifying and describing the technique of the metalogue, the paper highlights some lessons learned, good practices and proposals derived from its application in various transdisciplinary experiences in Chile. (shrink)

Background The birth plan is a tool that allows the self-learning and thoughtful analysis of the women during the birthing process, facilitating their making of decisions and participation, in agreement with the bioethical principles of autonomy and no malfeasance. Goal: To understand the perception and satisfaction of women who presented a birth plan. Methodology: Qualitative, descriptive, observational, retrospective and cross-sectional study. The population of the study was composed of 21 women who presented a birth plan regulated in a Hospital (...) ever since the recording of the presentation of the birth plan was started until 2015. Place: Cartagena. Techniques/methods: Semistructured interview. Results-Discussion: Most women considered the plan as a useful self-learning tool on the meaning of the birthing process, as it favored the communication between the expectant mothers/health professionals. Our informants sought information related to the birthing process from informal sources; most perceived a level of respect of their wishes during the process of giving birth. The use of the birth plan did not imply the perception of loss of the degree of control during the birth, although attention to the written document could be improved. Conclusions The use of the birth plan is a very satisfactory and useful experience for their involvement in their self-care, although in some cases, the births did not proceed according to their plans. Nevertheless, the prevalence of the principle of Non-Malfeasance over Autonomy was evidenced. (shrink)

Some of the most relevant problems today both in Science and practical problems involves Coupled Socio-ecological Systems, which are some of the best examples of Complex Systems. In this work we discuss groundwater-management as an example of these Coupled Socio-ecological System, also known as Coupled Human and Natural Systems. We argue that it is possible and even necessary to construct a contextual statistical theory of groundwater management. Contextuality implies some very different statistical features as entanglement and complementarity. We discuss some (...) interpretation about statistical entanglement and statistical complementarity in terms of groundwater flow theory and extraction equation. To this end, we propose a non-Kolmogorobian approach following the Växjö school of thought. One of the most straightforward conclusions is that in this way, a statistical-contextual treatment of groundwater management may not only give place to new flow equations, but it could have a profound impact in resource management. Then the new basic unity of analysis should be the indivisible pair. We should not talk any more about aquifer dynamics or resource management plans by themselves. Physical and social systems are coupled in a statistical-contextual fundamental way, and a socio-hydrogeological theory should be developed. (shrink)

This article discusses L.-J. Lebret’s methodological and epistemological approach for the elaboration of the concepts of ‘human economy’ and ‘harmonized human development’. Both concepts were very...

This article argues that the best way to pursue systematic normative ethical theorizing involves metaethical enquiry. My argument builds upon two central claims. First, I argue that plausible metaethical accounts can have implications that can help to resolve the methodological controversies facing normative ethics. Second, I argue that metaethical research is at least roughly as well supported as normative ethical research. I conclude by examining the implications of my thesis. Inter alia, it shows that the common practice of engaging in (...) systematic normative theorizing uninformed by metaethical commitments offers a significant and troubling hostage to metaethical fortune. (shrink)

The paper engages the conceptual question of the nature of rights. First, moral methodology for developing criteria to judge the adequacy of theories for the concept of rights is discussed. Standard methodologies for conceptual theory, such as analysis of language practices, appealing to intuitions to test and correct hypotheses, and mixtures of these with appeals to substantive moral values, are shown to fail in important ways to give us reasons to adopt one or another view of the (...) concept. An alternative methodology is proposed which appeals to the distinct role of concepts in our value scheme (the added value of being able to employ such concepts in our moral judgments). This is then used to develop criteria for a successful theory of rights. Two existing theories are shown, as a matter of illustration, to fail to satisfy the criteria, and finally an alternative theory of rights which does satisfy these criteria is proposed and defended. (shrink)

In computer ethics, as in other branches of applied ethics, the problem of the justification of moral judgment is still unresolved. I argue that the method which is referred to as “The Method of Wide Reflective Equilibrium” (WRE) offers the best solution to it. It does not fall victim to the false dilemma of having to choose either case‐based particularist or principle‐based universalist approaches to the problem of moral justification. I claim that WRE also provides the best model (...) of practical moral reasoning available for computer ethics. It does not pretend to provide quasi‐algorithmic procedures for moral decision‐making, but neither does it abandon the regulative ideal of communicative transparency in discursive public justification. (shrink)

Through a critical analysis of the work of Henry Davis, S.J. and Francis, C.SS.R., this study examines the Catholic tradition in respect to the moral responsibilities of physicians. It first reviews the historical formation of the manuals of moral theology in order to historically situate Davis and Connell in the twentieth century. The study then examines the work of Davis and Connell in light of David Kelly's The Emergence of Roman Catholic Medical Ethics in North America, wherein he (...) posits a shift in moral methodology in 1940 from physicalism to ecclesiastical positivism. Contrary to Kelly's thesis, this study finds essentially no methodological difference between Davis' commandment-centered methodology and Connell's virtue-centered method. In actuality, both theologians throughout their careers focused upon the physical nature of the action and employed the traditional principles of double effect and cooperation when determining the morality of an intrinsically evil act. ;Through a comparison of the work of Davis and Connell, the study concludes with a description of the moral responsibilities of physicians for a contemporary practice of medicine. These duties include basic responsibilities, social responsibilities and the responsibilities to the dying patient. (shrink)

This paper argues that although moral intuitions are insufficient for making judgments on new technological innovations, they maintain great utility for informing responsible innovation. To do this, this paper employs the Value Sensitive Design (VSD) methodology as an illustrative example of how stakeholder values can be better distilled to inform responsible innovation. Further, it is argued that moral intuitions are necessary for determining stakeholder values required for the design of responsible technologies. This argument is supported by the (...) claim that the moral intuitions of stakeholders allow designers to conceptualize stakeholder values and incorporate them into the early phases of design. It is concluded that design-for-values (DFV) frameworks like the VSD methodology can remain potent if developers adopt heuristic tools to diminish the influence of cognitive biases thus strengthening the reliability of moral intuitions. (shrink)

“The fact is that animals that don't seem to have a purpose really do have a purpose. The Bosses have to eat. It's probably the most noble purpose of all, when you come to think about it.” – Cat, “Babe”.

Kate Manne claims that her account of gaslighting rectifies regrettable deficiencies in existing theories. However, Manne hasn’t done enough to demonstrate the novelty of her view given that she fails to seriously engage with a significant portion of the gaslighting literature. This is an issue in the politics of methodology. Many theorists working on gaslighting exist within the margins, attempting to centre their perspectives over dominant points of view. We must listen to marginalised folk when aiming to understand a (...) phenomenon that disproportionately affects them. If Manne had listened, she would have come to see difficulties with some of her suggestions, such as the possibility of unintentional gaslighting. (shrink)

Neuroscience and psychology have recently turned their attention to the study of the subpersonal underpinnings of moral judgment. In this article we critically examine an influential strand of research originating in Greene's neuroimaging studies of ‘utilitarian’ and ‘non-utilitarian’ moral judgement. We argue that given that the explananda of this research are specific personal-level states—moral judgments with certain propositional contents—its methodology has to be sensitive to criteria for ascribing states with such contents to subjects. We argue that (...) current research has often failed to meet this constraint by failing to correctly ‘fix’ key aspects of moral judgment, criticism we support by detailed examples from the scientific literature. (shrink)

The Moral Twin Earth challenge to ethical naturalism threatens to undermine an otherwise promising metaethical view by showing that typical, naturalist-friendly theories of reference determination predict diverging reference in Twin Earth scenarios, making it difficult to account for substantive moral disagreement. Several theorists have recently invoked David Lewis’s doctrine of reference magnetism as a solution, claiming that a highly elite moral property—a moral “joint in nature”—could secure shared reference between ourselves and our twins on Twin Earth, (...) despite our diverging usages of moral terms. This paper argues that this move has significant methodological implications: namely, it entails that a certain sort of simplicity is truth-conducive. Consequently, when applied to moral theories, this gives certain views, specifically monist ones like utilitarianism and contractualism, an advantage over their more complicated rivals, forms of pluralism and particularism. Thus, ethical naturalists cannot invoke reference magnetism without a substantial impact on first-order theorizing. (shrink)

Moral philosophy is one of the core areas of philosophy. It is a fruitful research project in which ethicists investigate a range of different kinds of questions from the abstract metaethical puzzles concerning the meaning of moral language to the concrete ethical problems such as how much we should do to help other people. Yet, even if different answers to all these questions are intensively debated in moral philosophy, there is surprising little explicit reflection of what the (...) appropriate ways of doing moral philosophy are. -/- What are we entitled to assume as the starting-points of our ethical inquiry? What is the role of empirical sciences in ethics? Is there just one general method for doing moral philosophy or should different questions in moral philosophy be answered in different ways? Are there argumentative structures and strategies that we should be encouraged to use or common problematic argumentative patterns that we should avoid? -/- This volume brings together leading moral philosophers to consider these questions systematically. The chapters investigate the prospects of empirical ethics, outline new methods of ethics, evaluate recent methodological advances, and explore whether different areas of moral philosophy are methodologically continuous or independent of one another. (shrink)

The manifest dissociation between our capacity to make moral judgments and our ability to provide justifications for them, a phenomenon labeled Moral Dumbfounding, has important implications for the theory and practice of moral psychology. I articulate and develop the Linguistic Analogy as a robust alternative to existing sentimentalist models of moral judgment inspired by this phenomenon. The Linguistic Analogy motivates a crucial distinction between moral acceptability and moral permissibility judgments, and thereby calls into question (...) prevailing methods used in the study of moral judgment. Indeed, the judgments that are the focus of most current empirical work in moral psychology are not proper targets of scientific study. (shrink)

This critical examination of the rights of private property contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. The text explores the concept of ownership, and the relation between property and equality.

The study’s main thesis is that respect for some moral values is a condition for methodologically rational decisions, namely, decisions which do not satisfy the condition are either not methodologically rational at all, or not fully rational. The paper shows supporting arguments for the thesis in terms of the philosophical theories by Aristotle, Immanuel Kant, Tadeusz Kotarbiński, Max Weber, Jean-Paul Sartre and some other thinkers. Their presentation undergoes phenomenological analysis of the phenomenon of decision making.

After a selective review of relevant literature about teaching business ethics, this paper builds on a summary of Fred Bird’s thoughts about the voicing of moral concerns provided in his book about moral muteness. Socratic dialogue methodology is then presented and the use of this methodology is examined, for business ethics teaching in general, and for addressing our paper topic in particular. Three short form Socratic dialogues about the paper topic are summarized for illustration, together with (...) preparation and debriefing suggestions for a Socratic dialogue unit as part of a business ethics course. In conclusion, Socratic dialogue design is related to the experiential learning approach, and characterized by a few basic traits, which imply both risks and opportunities for business ethics teaching. (shrink)

There is much to admire in Michelle Ciurria’s provocative approach to ascribing moral responsibility. Her work is detailed and spells out explicitly her methodological assumptions. In this commentary, my main focus is on the methodological assumptions she makes. Ciurria’s arguments often depend on our reactions to actual cases and thought experiments. She takes it for granted that we need a theory that matches certain of our intuitions. This is not an unreasonable way to proceed. We definitely need a good (...) reason if we are going to adopt a theory that does not fit with well-established moral intuitions. Nevertheless, we need to be cautious in using these cases to guide our theory choice, especially when our .. (shrink)

Between 1960 and 1999, it was quite common for philosophers to rely almost completely on a priori methods to advance their arguments ; in a recent study by Knobe, the majority of papers sampled from this period used strictly a priori methods. In contrast, in the last decade and a half, many philosophers' strategy for making progress on philosophical questions has changed. Philosophers are now relying more heavily on empirical data—including running their own observational and experimental studies—in order to support (...) their arguments. Without a doubt, part of this shift was due to the rise of experimental philosophy – roughly a methodological approach to addressing philosophical questions wherein the researcher uses psychological methods to investigate the parameters that affect the deployment of philosophically significant concepts. This dissertation raises methodological problems with work in experimental philosophy and then proposes solutions to these problems. My focus in this dissertation is on two subfields in philosophy – epistemology and moral psychology – both of which have witnessed increased uses of psychological methods to investigate philosophical questions. (shrink)

A qualitative study with an exploratory, descriptive and documentary design that was conducted with the objective of identifying the elements to constitute a method for the analysis of accusations of and proceedings for professional ethics infringements. The method is based on underlying elements identified inductively during analysis of professional ethics hearings judged by and filed in the archives of the Regional Nursing Board of Santa Catarina, Brazil, between 1999 and 2007. The strategies developed were based on the results of an (...) analysis of the findings of fact (occurrences/infractions, causes and outcomes) contained in the records of 128 professional ethics hearings and on the structural elements (statements, rules and practices) identified in five example professional ethics cases. The strategies suggested for evaluating accusations of ethics infringements and the procedures involved in deliberating on ethics hearings constitute a generic proposal that will require adaptation to the context of specific professional ethics accusations. (shrink)

Given the largely Eurocentric nature of moral theology in the history of the Roman Catholic Church, what will it take to invest the theological community in the history and moral challenges of the Church in other parts of the world, especially Africa? What is to be gained for the whole Church when this happens in a deep and lasting way? In this timely and important study, Paulinus Ikechukwu Odozor brings greater theological clarity to the issue of the relationship (...) between Christianity and African tradition in the area of ethical foundations. He also provides a constructive example of what fundamental moral theology done from an African and Christian moral theological point of view could look like._ Following a brief history of the development of African Christian theology, Odozor examines responses of African theologians to African tradition and Christian responses to the reality of non-Christian religions. In a context where the African religious experience and heritage are powerful sources of meaning and identity, Christian evangelization raises questions both about the African primal religions and about Christianity itself and its claims. Odozor takes up the subject of moral reasoning in an African Christian theological ethics and concludes with case studies that show how the African Church has tried to inculturate moral discourse on a religiously pluralistic continent and relate the healing gospel message to African situations. Students and scholars of moral theology and ethics and church leaders will profit from the issues raised in _Morality Truly Christian, Truly African_. "This is an ambitious book. The scholarship is sound and the author engages a range of authors and their views. Odozor takes seriously the critical and moral demands of Christian theology as well as those of African indigenous religions and their cultures. There is perhaps nothing so thoroughgoing on this topic since Bénézet Bujo’s _Foundations of an African Ethic: Beyond the Universal Claims of Western Morality_." — M. Shawn Copeland, Boston College_. (shrink)

Understanding the falsity of certain common beliefs helps students move toward better business ethics and a higher degree of moral management. This article explains one method for teaching moral management, by using ethical equation inequalities, and offers 10 implications and suggestions to managers.

The experience of the last thirty years has shown that whether the different methodologies used in clinical ethics work well or not depends on certain external factors, such as the mentality with which they are used. This article aims to analyze two of these mentalities: the “dilemmatic” and the “problematic.” The former uses preferably the decision-making theory, whilst the latter emphasizes above all the role of deliberation. The author considers that Clinical Ethics must be deliberationist, and that only in this (...) context the different methodologies can be used correctly. (shrink)

The introduction and validation of a new instrument, The Moral Reasoning Inventory, designed to measure an individuals' moral reasoning (MR) in response to two moral dilemmas within a business setting is the subject of this article. The instrument consists of two moral dilemma scenarios with eight MR statements. Two measurement scales were used for analyzing patterns of individual responses: the strength of belief in the reasons and the importance of those reasons for resolving the dilemma. Managers (...) enrolled in a part-time MBA program were administered the new instrument. Data analysis clearly supported the effectiveness of the instrument to differentiate patterns of consistency in MR within decision groups. (shrink)

Evolutionary psychology, the self-proclaimed scientific theory of human nature, owes much of its controversial notoriety to reports in public media. In part this is because of its bold claims that human psychological characteristics are adaptations to the Pleistocene environment in which they evolved and these inherited characteristics we exhibit now constitute our human nature. Proponents maintain that evolutionary psychology is a scientific account of human nature that explains what this much abused concept means. Critics counter that some evolutionary psychological hypotheses (...) threaten to undermine other intuitive concepts of human nature and well-being, specifically, by emphasizing purported scientific evidence of natural inequalities based on sex, gender, or race. They argue that this “gene machine” view entails consequences endorsing or at least seeming to give scientific aid and comfort to politically conservative, “right-wing” social agendas. Proponents deny that the theory has such unwelcome implications. Such objections, they reply, stem from “left-wing” egalitarian ideologies that presuppose the cogency of the disputed tabula rasa concept of mind intrinsic to the standard social science model of behavior explanations. Philip Kitcher’s initial scathing analysis of sociobiology, now called evolutionary psychology, as the science of human nature went basically unchallenged. Bioethicist Janet Radcliffe Richards has given a detailed critique of Kitcher’s arguments; she finds them to be “leftward-leaning,” and wanting. Here I examine her arguments and find them wanting though not “rightward-leaning.”. (shrink)

Moral and political philosophers commonly appeal to moral “intuitions” at crucial points in their reasoning. This chapter considers recent challenges to this practice—here referred to as “the Method”—based in empirical studies of moral intuitions. It contends that such studies do not justify radical or revisionary conclusions about the Method. A method is aimed at achieving certain goals. The key issue is the nature of the goals in relation to which the Method is to be evaluated. This chapter (...) argues that the relevant goal is not the “realist goal” of discovering the truth about moral and political matters. The central point is that, the chapter argues, the systematic philosophical study of moral and political questions would be worthwhile even if it turned out that moral realism cannot be vindicated or that the Method cannot be vindicated in relation to the realist goal. If this is correct, then the goal relative to which it is crucial to vindicate the Method is not the realist goal. A Rawlsian view is more plausible, according to which the relevant goal is to “characterize our moral sensibility” as it would be in “reflective equilibrium.” It turns out, however, that this Rawlsian view has some, perhaps unwelcome, deflationary implications. (shrink)

Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The (...) class='Hi'>moral semantics claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)

This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories, for the purpose of justifying or criticizing them. Finally, it looks at a (...) recent debate on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science. (shrink)

Why is democracy good, or preferable to other systems of governance and political decision-making? Democracy has been argued to incorporate or promote central values, such as equality or freedom. On the other hand, many contemporary defenses of democracy have relied on arguments that attempt to show that democracy promotes or enables some second-order good, such as the validity, justification or legitimacy of political decision-making. Recent decades have seen the rise of epistemic arguments for democracy that belong to this latter type. (...) For example, David Estlund has proposed that democracy is epistemically preferable among the societal arrangements that could be acceptable to all citizens. In turn... (shrink)

In this paper, I take up the task of further examining the ticking bomb argument in favor of the use of torture. In doing so, I will focus on some recent scholarship regarding ticking bomb methodology introduced by Fritz Allhoff. I will then propose a set of ticking bomb variations which, I believe, call into question some of Allhoff's conclusions. My goal is to show that ticking bomb methodology is misguided in its attempt to justify torture insofar as (...) its proponents seem to ignore certain nonconsequentialist factors that are latent in the various types of uncertainty in real-world ticking bomb cases. Once this fact is recognized, I claim, the normative claims about torture that follow can be denied by appealing to it. I then argue that, even if we grant a certain level of uncertainty within the ticking bomb argument, torture is not justified. Rather, the implementation of torture, even if it yields positive results, is nothing more than a case of moral luck. In other words, the supposed "success" of torture in the ticking bomb cases lies entirely outside the agent's control. Thus, if the outcome of the use of torture is in no way controlled by the agent, then the agent's actions cannot be justified by appealing to that outcome. (shrink)