It seems clear that the vast majority of citizens in democratic regimes are willing to accept some state-imposed limits on their liberty.  But while we hardly balk at laws against murder and theft, we tend to believe that the state inherits a particularly heavy burden of proof when it seeks to intervene in the expressive areas of our lives, for example, by prohibiting the publication or distribution of some book, newspaper, or film. In short, we seem to believe there (...) is something rather special about speech and expression that warrants its stringent protection.            This attitude is reflected in and reinforced by the existence of explicitly stated rights to free speech. The First Amendment to the United States Constitution reads, in part, “Congress shall make no law . . . abridging freedom of speech, or of the press.â€Â Section 2(b) of the Canadian Charter of Rights and Freedoms grants people “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.â€Â Section 77 of the Danish Constitution states, “Any person shall be entitled to publish his thoughts in printing, in writing, and in speech, provided that he may be held answerable in a court of justice. Censorship and other preventive measures shall never again be introduced.â€Â Section E, Article 100 of the Norwegian Constitution and Chapter 2, Articles 1 and 13 of the Swedish Constitution similarly attest to the central importance of free speech. Finally, the right to free speech is recognized in transnational statements of rights like the International Covenant on Civil and Political Rights.            This paper is about the reasons for thinking that free speech is extremely valuable and so, by extension, about the justification of the right to free speech. Relative to most other parts of the world, North Americans and Scandinavians enjoy expansive liberties of expression, and this can make us complacent. We generally take it for granted that we are able to read and publish what we please. But it is important to think about why we have a right to free speech. For if we cannot defend it in sober moments, what will we say when that right is threatened? And how can we speak out for others whose governments currently do not respect that right?            I do not mean to imply that no one has attempted to provide a defense of free speech. On the contrary, free speech theory has developed into a minor cottage industry for legal scholars and philosophers, whom we may divide roughly into two camps. Consequentialists argue for the protection of speech by claiming that the good effects of allowing maximally unfettered speech generally outweigh the bad effects of restricting speech. Nonconsequentialists, on the other hand, contend that speech deserves protection because of its intrinsic features, and that the rightness or wrongness of suppressing speech cannot be determined merely by calculating the probable overall effects of doing so.            Of these two positions, consequentialism is by far the preferred strategy among contemporary free speech theorists. But my aim in this paper is to outline and defend a nonconsequentialist justification of free speech which, for reasons that will become clear below, I call direct nonconsequentialism.  Direct nonconsequentialism, I shall argue, does not suffer from the defects of traditional consequentialist justifications of free speech. More importantly, since it focuses on what it is about speech itself that warrants its stringent protection, direct nonconsequentialism makes better sense of our pretheoretic intuitions regarding the importance of free speech than other apparently nonconsequentialist positions.. (shrink)
Depending on how one looks at it, we have been enjoying or suffering a significant empirical turn in moral psychology during this first decade of the 21st century. While philosophers have, from time to time, considered empirical matters with respect to morality, those who took an interest in actual (rather than ideal) moral agents were primarily concerned with whether particular moral theories were ‘too demanding’ for creatures like us (Flanagan, 1991; Williams, 1976; Wolf, 1982). Faithful adherence to Utilitarianism or Kantianism (...) would appear to be inconsistent with other things we value, like personal integrity and flourishing, which depend upon pursuing individually determined projects and ways of life in rather single-minded ways. Maximizing the good is a full-time job, and the impartiality recommended by Kantian theory can get in the way of showing special care for those we know and love. All this is standard philosophical fare. However, more recently, philosophers and psychologists have begun to treat moral psychology as a legitimate branch of cognitive science. They inquire into the evolution of morality (e.g., Joyce, 2007; Nichols 2004), debate the human uniqueness of moral capacities (e.g., deWaal, 2006; Hauser, 2006), investigate the causal etiology of moral judgments (e.g., Haidt & Greene, 2002; Hauser et al., 2006; Prinz, 2006), attempt to map the neuroanatomy of moral reasoning (e.g., Greene et al., 2001; Greene et al., 2004; Moll, et al., 2005), and consider what other affective and cognitive capacities are required by a creature who sees the world in moral terms. (See also Sinnott-Armstrong, 2007, 2008a, 2008b). 1 In this essay, I discuss two issues whose interdependence and central importance for empirically informed moral psychology have not been fully grasped, or so I believe. First is what I call the Explananda Challenge. Let us assume that the primary question for moral psychology is this: How is it possible for human beings to be moral creatures? Deceptively simple, this question obscures a number of rather more difficult ones.. (shrink)
So far as we know, we are the only species capable of introspection, and thus, sometimes, of insight into our own individual and collective nature. Arguably, the entire discipline of philosophy and, much more recently, of psychology, is premised on this simply stated but complicated fact. We are also a social species, each of us desiring – perhaps, even needing – to live as one among others. Taken together, these perfectly trite observations invite a number of questions regarding the nature (...) of the self and self-consciousness, and about the possibility of successful intersubjective communication. One line of enquiry among these questions, one that is vigorously pursued in The Five Obstructions, concerns the extent to which an individual’s self-understanding depends on the availability to that person of a genuinely second-person perspective. In order properly to understand oneself, does one need to see oneself through another’s eyes – in particular, the eyes of another who is in relation with us? If the answer is affirmative, what obligations do we have to each other to provide secondperson perspectives? How is such a perspective to be achieved? How is it best achieved, morally speaking? As I will try to show here, The Five Obstructions provides a very powerful example of self-revelation facilitated by another. Towards the end.. (shrink)
Abortion raises a number of difficult questions for morality, law, and public policy. When, if ever, is abortion morally permissible? Do women have a legal right to abortion, and how is that right to be justified? Ought abortions for poor women be funded by the state? These questions are related in the sense that answers to any one of them have implications for answers to the others. But it is crucial to remember that they are different questions. (...) For example, suppose abortion is never morally permissible. It would not.. (shrink)
For individuals at all points on the political spectrum, and especially for those engaged in any form of expressive enterprise – from comic book illustrators, to film directors, to performance artists – censorship typically carries very negative connotations. Indeed, for many, censorship is the very antithesis of freedom and creativity. However, we can and should conceive of censorship more neutrally – simply as the imposition of constraints. On such a construal, censorship is not obviously always a Bad Thing. This point (...) is crucial for any effective argument against particular instances of censorship. For, if we simply define censorship as something always to be rejected, then we have merely asserted what potential censors deny, and we have provided no reasons to reject censorship. Moreover, a neutral construal of censorship better allows us to grasp that there are different agents of censorship, that censorship can and does have a range of targets and motivations, and that (apparently paradoxically) constraints of some kind may well be part of the very creative enterprise itself. Here I shall be concerned only with censorship as it has affected and continues to affect film. Obviously, there is much else to be said about the censorship of the press, art and literature (see “Further Reading” in this chapter and “Pornography”). (shrink)
We must admire the ambition of Prinz’s title question. But does he provide a convincing answer to it? Prinz’s own view of morality as “a byproduct – accidental or invented – of faculties that evolved for different purposes (1),” which appears to express a negative reply, does not receive much direct argument here. Rather, Prinz’s main aim is to try to show that the considerations he believes are typically presented by moral nativists are insufficient or inadequate to establish that morality (...) is innate. He discusses, individually, how much evidential weight the (alleged) existence of (1) universal moral norms, (2) universal moral domains, (3) fixed stages in moral development, and (4) precursors to morality among non-human animals lend to nativist claims, and, in addition, he argues that poverty-of-the-moral-stimulus arguments are as yet unconvincing. “[C]urrent evidence,” Prinz claims, “is consistent with the conclusion that children acquire moral competence through experience (22).” It is not my intention here to follow Prinz’s piecemeal criticisms of moral nativism. In their attacks on linguistic nativism (see, e.g., Cowie 1999) and now on moral nativism, empiricists typically deploy the.. (shrink)
Morality is so steeped in the quotidian details of praise and blame, of do’s and don’t’s, and of questions about the justifiability of certain practices it is no wonder that philosophers and psychologists have devoted relatively little effort to investigating what makes moral life possible in the first place. In making this claim, I neither ignore Kant and his intellectual descendants, nor the large literature in developmental moral psychology from Piaget on. My charge has to do with this fact: (...) morality is an ineliminable feature of human life and human beings are biological creatures. Hence, what wants explaining is how a biological creature – a creature with an evolved mind/brain – can be a normative creature of a particular kind – a creature that cannot help but engage in moral appraisal and evaluation. It does no good to try to wring such an explanation from the ‘very concept’ of agency (whatever that might be), as some philosophers attempt to do. Such a strategy merely delays the inevitable: how is it that biological creatures are agents? And while we can understand the practical value of charting the trajectory of babbling infants to toddlers to adolescents to adults, absent an account of the foundations of the capacities whose emergence constitutes this trajectory, we will still not have addressed the central question. Sociobiology and evolutionary ethics fare no better. The apparent puzzle of cooperation amidst competition can and has been addressed via the notions of kin selection and reciprocal altruism. But these accounts are motivated by and hence pitched at the level of overt behavior. However, being a moral creature, in the sense that makes such entities apt subjects for deep intellectual investigation, has very little to do with whether they behave well (sometimes? often? on average? ever?) and everything to do with being capable of a certain kind of cognition.. (shrink)
Pornography has attracted a good deal of academic and political attention, primarily from feminists of various persuasions, moral philosophers, and legal scholars. Surprisingly less work has been forthcoming from film theorists, given how much pornography has been produced on video and DVD and is now available through live streaming video over the Internet. Indeed, it is not until 1989, with the publication of Linda Williams’ groundbreaking Hard Core, that pornography is distinguished, in terms of its content, intent, and governing conventions, (...) as a filmic genre of its own. Still, not all pornography exists as film, and so a full discussion of it must encompass its other manifestations (e.g., magazines, websites, comics, etc.). The central questions about pornography are these: (1) What is it? How is it to be defined? (2) What are its effects? (3) How, if at all, ought it to be regulated? While these questions are simple, providing answers to them, as we shall see, is complicated. There is plenty of disagreement about how to define pornography; research about pornography’s effects is not univocal; and this in turn leads to substantial debate about what can and may be done about pornography. It is to these matters that the bulk of this essay is addressed. To begin, however, we will take a brief snapshot of the emergence of pornographic film and of the pornography business as it exists today. (shrink)
Inspired by the success of generative linguistics and transformational grammar, proponents of the linguistic analogy (LA) in moral psychology hypothesize that careful attention to folk-moral judgments is likely to reveal a small set of implicit rules and structures responsible for the ubiquitous and apparently unbounded capacity for making moral judgments. As a theoretical hypothesis, LA thus requires a rich description of the computational structures that underlie mature moral judgments, an account of the acquisition and development of these structures, and an (...) analysis of those components of the moral system that are uniquely human and uniquely moral. In this paper we present the theoretical motivations for adopting LA in the study of moral cognition: (a) the distinction between competence and performance, (b) poverty of stimulus considerations, and (c) adopting the computational level as the proper level of analysis for the empirical study of moral judgment. With these motivations in hand, we review recent empirical findings that have been inspired by LA and which provide evidence for at least two predictions of LA: (a) the computational processes responsible for folk-moral judgment operate over structured representations of actions and events, as well as coding for features of agency and outcomes; and (b) folk-moral judgments are the output of a dedicated moral faculty and are largely immune to the effects of context. In addition, we highlight the complexity of the interfaces between the moral faculty and other cognitive systems external to it (e.g., number systems). We conclude by reviewing the potential utility of the theoretical and empirical tools of LA for future research in moral psychology. (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)
Recent work in the cognitive and neurobiological sciences indicates an important relationship between emotion and moral judgment. Based on this evidence, several researchers have argued that emotions are the source of our intuitive moral judgments. However, despite the richness of the correlational data between emotion and morality, we argue that the current neurological, behavioral, developmental and evolutionary evidence is insufficient to demonstrate that emotion is necessary for making moral judgments. We suggest instead, that the source of moral judgments lies in (...) our causal-intentional psychology; emotion often follows from these judgments, serving a primary role in motivating morally relevant action. (shrink)
A nativist moral psychology, modeled on the successes of theoretical linguistics, provides the best framework for explaining the acquisition of moral capacities and the diversity of moral judgment across the species. After a brief presentation of a poverty of the moral stimulus argument, this chapter sketches a view according to which a so-called Universal Moral Grammar provides a set of parameterizable principles whose specific values are set by the child's environment, resulting in the acquisition of a moral idiolect. The principles (...) and parameters approach predicts moral diversity, but does not entail moral relativism. (shrink)
Some cases of implicit knowledge involve representations of (implicitly) known propositions, but this is not the only important type of implicit knowledge. Chomskian linguistics suggests another model of how humans can know more than is accessible to consciousness. Innate capacities to focus on a small range of possibilities, thereby ignoring many others, need not be grounded by inner representations of any possibilities ignored. This model may apply to many domains where human cognition “fills a gap” between stimuli and judgment.
We propose that the generalizations of linguistic theory serve to ascribe beliefs to humans. Ordinary speakers would explicitly (and sincerely) deny having these rather esoteric beliefs about language--e.g., the belief that an anaphor must be bound in its governing category. Such ascriptions can also seem problematic in light of certain theoretical considerations having to do with concept possession, revisability, and so on. Nonetheless, we argue that ordinary speakers believe the propositions expressed by certain sentences of linguistic theory, and that linguistics (...) can therefore teach us something about belief as well as language. Rather than insisting that ordinary speakers lack the linguistic beliefs in question, philosophers should try to show how these empirically motivated belief ascriptions can be correct. We argue that Stalnaker's (1984) "pragmatic" account--according to which beliefs are dispositions, and propositions are sets of possible worlds--does just this. Moreover, our construal of explanation in linguistics motivates (and helps provide) responses to two difficulties for the pragmatic account of belief: the phenomenon of opacity, and the so-called problem of deduction. (shrink)