Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

This paper argues that the philosophical analysis of moral responsibility would benefit from focusing more on the social freedom of individuals. In a critique of Frankfurt, it is argued that an individual only is responsible for the consequences of her action if she had the opportunity not be responsible for them. The resulting theory of moral responsibility is applied to the analysis of collective decision processes, and in particular to political decision making. The main conclusion is that, though we do (...) not bear ‘absolute responsibility’ for all of the consequences of our actions, our moral and political responsibility is larger than often is assumed. (shrink)

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

Dutch euthanasia legislation states that an act of euthanasia is only permissible if it is based on a voluntary request made in a situation of unbearable suffering to which there are no alternatives.The central question of this article is whether these criteria can be satisfied simultaneously. In an analysis of several (partly overlapping) definitions of voluntariness it is argued that there are circumstances in which this question should be answered negatively.The possible incompatibility of the criteria reveals a tension between different (...) defences of the permissibility of euthanasia. (shrink)

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the 'avoidance potential', which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of 'the problem of many hands'. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (shrink)

The primary aim of this paper is to analyze the concept of degrees of causal contribution for actual events and examine the way in which it can be formally defined. This should go some way to filling out a gap in the legal and philosophical literature on causation. By adopting the conception of a cause as a necessary element of a sufficient set (the so-called NESS test) we show that the concept of degrees of causation can be given clear and (...) even empirical meaning. We then apply a game theoretical framework to derive a measure of causal contribution. Our favoured measure turns out to be a generalised version of the normalized Penrose-Banzhaf index of voting power. (shrink)

Logical puzzles like the doctrinal paradox raise the problem of how to aggregate individual judgements into a collective judgement, or alternatively, how to merge collectively inconsistent knowledge bases. In this paper, we view judgement aggregation as a function on propositional logic valuations, and we investigate how logic constrains judgement aggregation. In particular, we show that there is no non-dictatorial decision method for aggregating sets of judgements in a logically consistent way if the decision method is local, i.e., only depends on (...) the individual judgements on the proposition under consideration. (shrink)

We present evidence for the existence of `responsibility voids' in committee decision-making, that is, the existence of situations where no member of a committee can individually be held morally responsible for the outcome. We analyse three types of reasons (causal, normative and epistemic) for the emergence of responsibility voids, and show that each of them can occur in committees. But the conditions for these voids are so restrictive as to reduce the philosophical or institutional significance they might be thought to (...) possess. (shrink)

This paper provides a methodologically original construction of Kant’s “Formula of Universal Law” . A formal structure consisting of possible worlds and games—a “game frame”—is used to implement Kant’s concept of a maxim and to define the two tests FUL comprises: the “contradiction in conception” and “contradiction in the will” tests. The paper makes two contributions. Firstly, the model provides a formal account of the variables that are built into FUL: agents, maxims, intentions, actions, and outcomes. This establishes a clear (...) benchmark for understanding how the mechanics of FUL actually work. Secondly, the analysis of the resulting framework sheds new light on discussions about the implications of FUL. On the basis of this, we suggest a move to “comprehensive Kantianism’, which is the application of FUL to systems of maxims rather than to isolated maxims. (shrink)

This paper presents a non-preference-based approach to the analysis of negative freedom. It is argued that a proper understanding of (different conceptions of) negative freedom necessitates an examination of the consequences of changes in the set of feasible alternatives. For this reason the paper does not focus on freedom rankings of opportunity sets but on freedom rankings of opportunity situations, i.e., pairs consisting of a feasible set and an opportunity set. Three different freedom rankings of opportunity situations are axiomatically characterised. (...) Each of the three rankings forms a generalisation of the purely cardinality-based freedom ranking of opportunity sets presented by Pattanaik and Xu (1990). (shrink)

Recent theories of negative freedom see it as a value-neutral concept; the definition of freedom should not be in terms of specific moral values. Specifically, preferences or desires do not enter into the definition of freedom. If preferences should so enter then Berlin's problem that a person may enhance their freedom by changing their preferences emerges. This paper demonstrates that such a preference-free conception brings its own counter-intuitive problems. It concludes that these problems might be avoided if the description of (...) the constraints which specify an agent's lack of freedom include the intentions of those who constrain the agents. (Published Online July 31 2007) Footnotes1 Versions of this paper have been read to a diverse set of academics in Bayreuth, Germany; Groningen, Netherlands; LSE, UK; and in Dublin, Ireland. We would like to thank participants at those sessions for their comments. We also thank anonymous referees, Ian Carter and Luc Bovens for their help in improving the paper. (shrink)

The condition of liberty which Sen used in his famous theorem on the impossibility of the Paretian liberal was defined in terms of individual preferences. The preference-based approach has been the subject of much criticism, which led to the evolution of the game-theoretic analysis of rights. In this approach no references to individual preferences are made. Two questions are examined in this paper: how can different types of right be distinguished within a game-theoretic setting, and how do rights come into (...) existence? These questions are addressed on the basis of ideas originating from legal theory The discussion shows that an analysis of rights should take account of the whole legal system of which a legal norm forms part. Furthermore, it reveals that preferences should be re-introduced into the formal study of individual rights. (shrink)

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they are mere negative liberties, something that (...) capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism. (shrink)

This paper makes a contribution to the further development of the game-theoretic analysis of rights. The model presented here differs in several respects from the existing models. First of all, a distinction is made between outcome-oriented and action-oriented rights, a distinction which is closely related to the distinction between active and passive rights. Second, the legal-theoretic notions of negative and positive rights are formally defined. Third, we not only discuss the definition of rights, but also the way rights can be (...) violated. Using the distinction between negative and positive rights on the one hand, and between active and passive rights on the other, four different types of basic rights are distinguished. For each of these rights, the situations in which they can be said to be respected are examined. We thereby distinguish two possible sources of obstruction: by (groups of) individuals, and by law. Finally, the question of the possible realization of rights is examined. Depending on how the problem of the possible mutual incompatibility of rights is addressed, two distinct approaches are examined. It turns out that in both approaches the possible realization of rights crucially depends on characteristics of the 'state of nature'. (shrink)

This paper presents a formal framework that purports to capture some aspects of Kant's theory of freedom. In particular, we argue that the analysis sheds further light on Kant's distinction between a negative and a positive concept of freedom. The paper shows that the two concepts are not equivalent: we not only argue that in a Kantian perspective negative freedom need not entail positive freedom, but also that there are situations in which a person can be said to be positively (...) but not negatively free (in a Kantian sense). (shrink)

SOCREAL 2010: 2nd International Workshop on Philosophy and Ethics of Social Reality. Sapporo, Japan, 2010-03-27/28. Session 3: Responsibility and Collective Agency.

The paradigm for modelling decision-making under uncertainty has undoubtedly been the theory of Expected Utility, which was first developed by von Neumann and Morgenstern (1944) and later extended by Savage (1954) to the case of subjective uncertainty. The inadequacy of the theory of Subjective Expected Utility (SEU) as a descriptive theory was soon pointed out in experiments, most famously by Allais (1953) and Ellsberg (1961). The observed departures from SEU noticed by Allais and Ellsberg became known as “paradoxes”. The Ellsberg (...) paradox gave rise, several years later, to a new literature on decision-making under ambiguity. The theoretical side of this literature was pioneered by Schmeidler (1989). This literature views the departures from SEU in situations similar to those discussed by Ellsberg as rational responses to ambiguity. The rationality is “recovered” by relaxing Savage's Sure-Thing principle and adding an ambiguity-aversion postulate. Thus the ambiguity-aversion literature takes a normative point of view and does consider Ellsberg-type choices as behavioural “anomalies”. (shrink)

We present evidence for the existence of 'responsibility voids' in committee decision-making, that is, the existence of situations where no member of a committee can individually be held morally responsible for the outcome. We analyse three types of reasons (causal, normative and epistemic) for the emergence of responsibility voids, and show that each of them can occur in committees. But the conditions for these voids are so restrictive as to reduce the philosophical or institutional significance they might be thought to (...) possess. (shrink)

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (shrink)

The primary aim of this paper is to analyze the concept of degrees of causal contribution for actual events and examine the way in which it can be formally defined. This should go some way to filling out a gap in the legal and philosophical literature on causation. By adopting the conception of a cause as a necessary element of a sufficient set (the so-called NESS test) we show that the concept of degrees of causation can be given clear and (...) even empirical meaning. We then apply a game theoretical framework to derive a measure of causal contribution. Our favoured measure turns out to be a generalised version of the normalized Penrose–Banzhaf index of voting power. (shrink)

Argument mapping is a way of diagramming the logical structure of an argument to explicitly and concisely represent reasoning. The use of argument mapping in critical thinking instruction has increased dramatically in recent decades. This paper overviews the innovation and provides a procedural approach for new teaches wanting to use argument mapping in the classroom. A brief history of argument mapping is provided at the end of this paper.

Logical puzzles like the doctrinal paradox raise the problem of how to aggregate individual judgements into a collective judgement, or alternatively, how to merge collectively inconsistent knowledge bases. In this paper, we view judgement aggregation as a function on propositional logic valuations, and we investigate how logic constrains judgement aggregation. In particular, we show that there is no non-dictatorial decision method for aggregating sets of judgements in a logically consistent way if the decision method is local, i.e., only depends on (...) the individual judgements on the proposition under consideration. (shrink)

This paper contributes to the discussion of the moral demandingness of Kantian ethics by critically discussing an argument that is currently popular among Kantians. The argument from the system of duties holds that in the Kantian system of duties the demandingness of our duty of beneficence is internally moderated by other moral prescriptions, such as the indirect duty to secure happiness, duties to oneself and special obligations. Furthermore, proponents of this argument claim that via these prescriptions Kant’s system of duties (...) incorporates into morality what current debates on demandingness call happiness and personal projects. These two claims are in conjunction supposed to establish that Kant’s ethics, at least when it comes to beneficence, is not plagued by the problem of excessive moral demands. We show that claims and are mistaken given what Kant says about beneficence, the application of imperfect duties and about emergencies. We finally argue that special obligations towards loved ones, a class of obligations largely overlooked by advocates of the system of duties, are the most promising candidates for internal moderation. These duties are, however, of a narrow scope. (shrink)

This paper contributes to the discussion of the moral demandingness of Kantian ethics by critically discussing an argument that is currently popular among Kantians. The argument from the system of duties holds that (a) in the Kantian system of duties the demandingness of our duty of beneficence is internally moderated by other moral prescriptions, such as the indirect duty to secure happiness, duties to oneself and special obligations. Furthermore, proponents of this argument claim (b) that via these prescriptions Kant’s system (...) of duties incorporates into morality what current debates on (over-)demandingness call happiness and personal projects. These two claims are in conjunction supposed to establish that Kant’s ethics, at least when it comes to beneficence, is not plagued by the problem of excessive moral demands. We show that claims (a) and (b) are mistaken given what Kant says about beneficence, the application of imperfect duties and about emergencies. We finally argue that special obligations towards loved ones, a class of obligations largely overlooked by advocates of the system of duties, are the most promising candidates for internal moderation. These duties are, however, of a narrow scope. (shrink)

A hard choice is a situation in which an agent is unable to make a justifiable choice from a given menu of alternatives. Our objective is to present a systematic treatment of the axiomatic structure of such situations. To do so, we draw on and contribute to the study of choice functions that can be indecisive, i.e., that may fail to select a non-empty set for some menus. In this more general framework, we present new characterizations of two well-known choice (...) rules, the maximally dominant choice rule and the top-cycle choice rule. Together with existing results, this yields an understanding of the circumstances in which hard choices arise. (shrink)

Unconsented episiotomies and other procedures during labour are commonly reported by women in several countries, and often highlighted in birth activism. Yet, forced caesarean sections aside, the ethics of consent during labour has received little attention. Focusing on episiotomies, this paper addresses whether and how consent in labour should be obtained. We briefly review the rationale for informed consent, distinguishing its intrinsic and instrumental relevance for respecting autonomy. We also emphasise two non-explicit ways of giving consent: implied and opt-out consent. (...) We then discuss challenges and opportunities for obtaining consent in labour and birth, given its unique position in medicine.We argue that consent for procedures in labour is always necessary, but this consent does not always have to be fully informed or explicit. We recommend an individualised approach where the antenatal period is used to exchange information and explore values and preferences with respect to the relevant procedures. Explicit consent should always be sought at the point of intervening, unless women antenatally insist otherwise. We caution against implied consent. However, if a woman does not give a conclusive response during labour and the stakes are high, care providers can move to clearly communicated opt-out consent. Our discussion is focused on episiotomies, but also provides a useful starting point for addressing the ethics of consent for other procedures during labour, as well as general time-critical medical procedures. (shrink)

This article examines Grotius’ lifelong support for Dutch expansion overseas. As noted in other publications of mine, Grotius cooperated closely with the directors of the Dutch East India Company (VOC) in the years 1604–1615. Right up to his arrest for high treason in August 1618, he contributed towards Dutch government discussions about the establishment of a West India Company (WIC). Three years of imprisonment at Loevestein Castle and, following his escape, long years of exile could not weaken his dedication to (...) the cause. His relatives in Holland, in particular his brother Willem de Groot and his brother-in-law Nicolaas van Reigersberch, kept him up-to-date on the fortunes of the VOC and WIC. His expertise on maritime affairs was in high demand. For example, Cardinal Richelieu invited him in November 1626 to become actively involved in the establishment of a French East India Company. As itinerant ideologue of empire, Grotius sought to further his own career and those of his nearest family members, without damaging the interests of the United Provinces. Through Willem de Groot and Nicolaas van Reigersberch, he provided informal advice on Dutch imperial policy to the VOC directors and government officials in The Hague. He was rewarded with the appointment of his brother and his second son, Pieter de Groot, as VOC lawyers (ordinaris advocaten) in 1639 and 1644, respectively. They served as his proxies in diplomatic disputes involving the VOC, the States General and the Portuguese ambassador in autumn 1644, when Pieter and Willem de Groot wrote a defense of VOC claims to the cinnamon-producing areas of Ceylon (modern-day Sri Lanka), liberally citing De Jure Belli ac Pacis. Grotius’ vision of empire hardly changed in the course of 40 years. In his view, the Dutch had gone to the Indies as merchants, not conquerors, and should regulate themselves according to natural law and the law of nations. Thus he contributed to the creation of two political orders, one for Europe and one for the Indies. European diplomatic relations counted for little beyond the Line. VOC and WIC officials could act as judges and executioners in their own cause, without reference to indigenous rulers, other colonial powers, or even the political authorities back home. (shrink)

In various cultural and religious contexts, from West Asia to Southeast Asia, we come across a number of quite similar creation myths in which a peacock, seated on a cosmic tree, plays a central part. For the Yezidis, a sect of Sufi origins that has moved away from Islam, the Peacock Angel, who is the most glorious of the angels, is the master of the created world. This belief may be related to early Muslim cosmologies involving the Muhammadan Light, which (...) in some narratives had the shape of a peacock and participated in creation. In a different set of myths, the peacock and the Tree of Certainty play a role in Adam and Eve’s fall and expulsion from Paradise. The central myth of the South Indian Hindu cult of the god Murugan also involves a tree and a peacock. The myth is enacted in the annual ritual of Thaipusam, like the Nur Muhammad myth is still enacted annually in the Maulid festival of Cikoang in South Sulawesi. Images of the peacock, originating from South India, have moved across cultural and religious boundaries and have been adopted as representing the different communities’ peacock myths. (shrink)

The Christian philosopher Muto Kazuo contributed substantially to the predominantly Buddhist “Kyoto School of Philosophy.” Through critical exchange with its representatives, he opened up new perceptions of Christian faith, enabled mutual understanding between Buddhism and Christianity, and challenged the Western dialectical method.

The notion of responsible innovation suggests that innovators carry additional responsibilities beyond those commonly suggested. In this paper, we will discuss the meaning of these novel responsibilities focusing on two philosophical problems of attributing such responsibilities to innovators. The first is the allocation of responsibilities to innovators. Innovation is a process that involves a multiplicity of agents and unpredictable, far-reaching causal chains from innovation to social impacts, which creates great uncertainty. A second problem is constituted by possible trade-offs between different (...) kinds of responsibility. It is evident that attributing backward-looking responsibility for product failures diminishes the willingness to learn about such defects and to take forward-looking responsibility. We will argue that these problems can be overcome by elaborating what it is exactly that innovators are responsible for. In this manner, we will distinguish more clearly between holding responsible and taking responsibility. This opens a space for ‘supererogatory’ responsibilities. Second, we will argue that both innovation processes and outcomes can be objects of innovators’ responsibility. Third, we will analyze different kinds of responsibility and show that the functions of their attribution are not necessarily contradictory. Based on this conceptual refinement, we will argue that accountability, responsibility-as-virtue and the willingness to take responsibility are crucial for responsible innovation. (shrink)