Dirigido a docentes, el texto aborda las implicaciones educativas de un enfoque actualizado e integrador del desarrollo moral, que recomienda diferenciar entre los dominios personal, convencional y moral. Desde esa perspectiva, examina dos temas relacionados, según los diferentes niveles educativos o de edad: Primero, la importancia del clima social y emocional predominante en las aulas y escuelas, ya que los climas caracterizados por la calidez, la equidad y la confianza promueven la conducta prosocial y una “orientación de buena voluntad”. Especial (...) atención se le presta a los riesgos de las camarillas y la exclusión entre pares durante la adolescencia, así como a la necesidad de subdividir las escuelas grandes en comunidades educativas más pequeñas ―o a escala humana―. Segundo, la importancia práctica y ética de complementar una atmósfera moral positiva con una disciplina constructivista o evolutiva. Una disciplina que además de las metas comunes de control y eficiencia, también se propone elevar la competencia social y moral de los estudiantes enfatizando la motivación intrínseca, las habilidades de solución de problemas sociales, y un uso moderado de las consecuencias lógicas del mal comportamiento; en lugar del énfasis usual en modelar la conducta mediante recompensas y castigos extrínsecos. (shrink)

Les recherches menées dans le champ de la psychologie morale par Larry P. Nucci et Elliot Turiel conduisent à identifier le domaine moral avec le domaine des jugements prescriptifs concernant la manière dont nous devons nous comporter à l’égard des autres personnes. Ces travaux empiriques pourraient apporter du crédit aux propositions normatives du philosophe Ruwen Ogien qui défend une conception minimaliste de l’éthique. L’éthique minimale exclut en particulier le rapport à soi du domaine moral. À mon avis cependant, (...) ces travaux de psychologie morale ne permettent pas du tout d’affirmer que nous sommes, empiriquement parlant, des minimalistes moraux. Les résultats des recherches de Nucci et Turiel montrent que les personnes considèrent intuitivement que le domaine personnel – le domaine des actions qui affectent prioritairement l’agent lui-même – doit échapper au contrôle ou à l’interférence des autres personnes. Mais affirmer que c’est l’agent lui-même qui possède l’autorité légitime de décider dans le domaine personnel ne signifie pas que tout ce qu’il y fait soit moralement indifférent. (shrink)

What makes teaching a moral endeavor? How can we prepare classroom practitioners for engaging in that moral endeavor in meaningful and effective ways? This volume brings together leading scholars who draw upon both their academic expertise and substantial wisdom of practice to offer a variety of perspectives on the challenge of preparing today’s teachers for the moral work of teaching. Book Features: Examines the role that teacher preparation and development can play in addressing the moral work of teaching. Highlights the (...) work of leading scholars from educational psychology, educational philosophy, and teacher education. Provides compelling insights for identifying the next generation of our nation’s best teachers. Contributors: Wolfgang Althof, Karen Benson, Marvin Berkowitz, Donald Blumenfeld-Jones, Elizabeth Campbell, Julie Canniff, Mary Crawford, Lana Daly, Rebecca Evers, Catherine Fallona, Gary Fenstermacher, Anthony Holter, Lisa Johnson, Daniel Lapsley, Darcia Narvaez, Virginia Navarro, Larry Nucci, Joy Pelton, Virginia Richardson, Don Senneville, David Light Shields, Barbara Stengel, Jonatha Vare, Marilyn Watson. (shrink)

In this paper we compare two theories about the cognitive architecture underlying morality. One theory, proposed by Sripada and Stich (forthcoming), posits an interlocking set of innate mechanisms that internalize moral norms from the surrounding community and generate intrinsic motivation to comply with these norms and to punish violators. The other theory, which we call the M/C model was suggested by the widely discussed and influential work of Elliott Turiel, Larry Nucci and others on the “moral/conventional task”. This (...) theory posits two distinct mental domains, the moral and the conventional, each of which gives rise to a characteristic suite of judgments about rules in that domain and about transgressions of those rules. We give an overview of both theories and of the data each was designed to explain. We go on to consider a growing body of evidence that suggests the M/C model is mistaken. That same evidence, however, is consistent with the Sripada and Stich theory. Thus, we conclude that the M/C model does not pose a serious challenge for the Sripada and Stich theory. (shrink)

In choosing between moral alternatives -- choosing between various forms of ethical action -- we typically make calculations of the following kind: A is better than B; B is better than C; therefore A is better than C. These inferences use the principle of transitivity and are fundamental to many forms of practical and theoretical theorizing, not just in moral and ethical theory but in economics. Indeed they are so common as to be almost invisible. What Larry Temkin's book (...) shows is that, shockingly, if we want to continue making plausible judgments, we cannot continue to make these assumptions. Temkin shows that we are committed to various moral ideals that are, surprisingly, fundamentally incompatible with the idea that "better than" can be transitive. His book develops many examples where value judgments that we accept and find attractive, are incompatible with transitivity. While this might seem to leave two options -- reject transitivity, or reject some of our normative commitments in order to keep it -- Temkin is neutral on which path to follow, only making the case that a choice is necessary, and that the cost either way will be high. Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics. (shrink)

I begin my analysis of consent by agreeing with Professor Hurd that consent functions as a “moral transformative” by altering the obligations and permissions that determine the Tightness of others' actions. I further agree with her that consent is intimately related to the capacity for autonomous action; one who cannot alter others' obligations through consent is not fully autonomous. I cannot improve on her elaboration of these points.

During the influx of neurological research into France from across Europe that took place rapidly in the late 19th century, the philosophy course in lycées was mobilized by education reformers as a means of promulgating the emergent brain sciences and simultaneously steering their cultural resonance. I contend that these linked prongs of philosophy’s public mission under the Third Republic reconciled contradictory pressures to advance the nation’s scientific prowess following its defeat in the Franco-Prussian war of 1870 without dropping France’s distinct (...) tradition of 19th-century spiritualism, which extended from Maine de Biran’s philosophical psychology to Victor Cousin’s official eclectic spiritualism. Between 1874 and 1902, the French Ministry of Public Instruction transformed philosophy into a national project designed to guide the reception of experimental psychology generally and neurology in particular. This article features original archival research on philosophy textbooks and students’ course notes that illuminate the cultural and intellectual impact of these sciences in the fin de siècle from inside the classroom. I argue that the scientific turn in the psychology section of the lycée philosophy course reflected and brought about a distinct philosophical movement that I call ‘scientific spiritualism’. While historians have analysed philosophy instruction as a mechanism used by the Third Republic to secularize students, this article sheds new light on lycée philosophy professors’ campaign to promote scientific spiritualism as a means to advance incipient brain research and pare its reductionist implications. (shrink)

Supervenience entails psychophysical principles, but this is compatible with anomalous monism. On what constitutes a strict psychophysical law.

I have discussed the frame problem and the Turing test at length, but I have not attempted to spell out what I think the implications of the frame problem ...

It has been over a decade and half since Christof Koch and the late Francis Crick first advocated the now popular NCC project, in which one tries to find the neural correlate of consciousness for perceptual processes. Here we critically take stock of what have actually been learned from these studies. Many authors have questioned whether looking for the neural correlates would eventually lead to an explanatory theory of consciousness, while the proponents of NCC research maintain that focusing on correlates (...) is a strategically sensible first step, given the complexity of the problem. My point here is not to argue whether studying the NCC is useful, but rather, to question whether we are really studying the NCC at all. I argue that in hoping to sidestep the difficult conceptual issues, we have sometimes also missed the phenomenon of perceptual consciousness itself. (shrink)

Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics (...) of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs. (shrink)

In the moral realm, our deontic judgments are usually (always?) binary. An act (or omission) is either morally forbidden or morally permissible. 1 Yet the determination of an act's deontic status frequently turns on the existence of properties that are matters of degree. In what follows I shall give several examples of binary moral judgments that turn on scalar properties, and I shall claim that these examples should puzzle us. How can the existence of a property to a specific degree (...) demarcate a boundary between an act's being morally forbidden and its not being morally forbidden? Why aren't our moral judgments of acts scalar in the way that the properties on which those judgments are based are scalar, so that acts, like states of affairs, can be morally better or worse rather than right or wrong? I conceive of this inquiry as operating primarily within the realm of normative theory. Presumably it will give aid and comfort to consequentialists, who have no trouble mapping their binary categories onto scalar properties. For example, a straightforward act utilitarian, for whom one act out of all possible acts is morally required (and hence permissible) and all others morally forbidden, can, in theory at least, provide an answer to every one of the puzzles I raise. And, in theory, so can all other types of act and rule consequentialists. They will find nothing of interest here beyond embarrassment for their deontological adversaries. The deontologists, however, must meet the challenges of these puzzles. And for them, the puzzles may raise not just normative questions, but questions of moral epistemology and moral ontology. Just how do we know that the act consequentialist's way of, say, trading off lives against lives is wrong? For example, do we merely intuit that taking one innocent, uninvolved person's life to save two others is wrong? Can our method of reflective equilibrium work if we have no theory by which to rationalize our intuitions? And what things in the world make it true, if it is true, that one may not make the act consequentialist's tradeoff? I do not provide any answers to these questions any more than I provide answers to the normative ones. But they surely lurk in the background. (shrink)

Retributivism is generally thought to forbid the punishment of the innocent, even if such punishment would produce otherwise good results, such as deterrence. It has recently been argued that because capital punishment always entails the risk of executing an innocent person, instituting capital punishment is tantamount to intentionally taking innocent lives and therefore cannot be justified on retributive grounds. I argue that there are several versions of retributivism, only one of which might categorically forbid risking punishing innocent persons. I also (...) argue that our moral practices reveal either that we do not hold this particular version of retributivism, or that we reject equating risking punishing the innocent with intentionally doing so. *** DIRECT SUPPORT *** A9102008 00005. (shrink)

This essay, as will become obvious, owes a huge debt to Mark Kelman, particularly to his article “Interpretative Construction in the Substantive Criminal Law.” That debt is one of both concept and content. There is rich irony in my aping Kelman's deconstructionist enterprise, for I do not share his enthusiasm for either the “insights” or the political agenda of the Critical Legal Studies movement. I do not believe that either the law in general or the criminal law in particular is (...) radically indeterminate, rife with internal contradictions, or an expression of the interests of a dominant economic class. And although, like Kelman, I believe that the freedom/determinism, act/character, and rule/principle dichotomies must ultimately be dealt with in order to have a completely satisfactory account of criminal law, I also believe that these dichotomies loom just as large in other areas of law and in normative theory generally. They are problems for Crits as well as for liberal-legalists. In any event, my intentions in undertaking this deconstructionist enterprise are modestly reformist, not revolutionary. I do not intend to shift any paradigms, but to work with well-established ones. I will assume that criminal law seeks to accomplish some blend of retributive response to and deterrence of culpable choices, choices to defy moral norms that are also legal norms. I will also assume that a culpable choice is one that reflects negatively on the values held by the chooser. Beyond these quite modest assumptions, I need not and will not venture in this paper, realizing, of course, that much has and can be written about the proper aims of punishment and the proper account of culpability. (shrink)

Spontaneous intrusive recollections follow traumatic events in clinical and non-clinical populations. To determine whether any relationship exists between SIRs and enhanced memory for emotional events, participants viewed emotional or neutral films, had their memory for the films tested two days later, and estimated the number of SIRs they experienced for each film. SIR frequency related positively to memory strength, an effect more pronounced in the emotional condition. These findings represent the first demonstration of a relationship between SIRs occurring after an (...) emotional experience and subsequent memory strength for that experience. The results are consistent with the possibility that emotional arousal leads both to elevated SIR frequency and better memory, and that the covert rehearsal associated with SIRs enhances memory for emotional relative to neutral stimuli. Additional evidence of menstrual cycle influences on SIR incidence in female participants appears to merit consideration in future work. (shrink)

In this paper I argue that punishment should be proportional to desert; that desert turns solely on culpability and not on results: that culpability is a function of what the actor perceives are the risks of his act to others’ interests and the reasons he perceives that might justify, excuse, or aggravate taking those risks; that because culpability is a complex function, ordinally ranking acts in terms of culpability is quite difficult; that converting the ordinal ranking into cardinal measures of (...) deserved punishment must perforce be controversial; and that deserved punishment, which is deserved suffering, must somehow deal with the fact that the actor may have already suffered undeservedly. (shrink)

The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.

Existing and proposed provisions of the Model Penal Code refer to believing something “recklessly.” In this chapter, we examine the notion of reckless beliefs and determine what that notion cannot be and what it might be.

Weighing Lives in War examines the core principles of the modern law of war: necessity, proportionality, and distinction, and provides new and innovative insights into the process of weighing lives implicit in all theories of jus in bello.

Self-defense and other-defense are uses of force against another person—an attacker—for the purpose of preventing the attacker from harming a victim. When such force is exercised by the victim, it is self-defense; when by a third party, other-defense. Self-defense and other-defense are preemptive uses of force because they occur before the acts they are intended to prevent occur. Thus, they operate in the realm of epistemic uncertainty. Victims and third parties can never be certain the feared acts will occur. They (...) can never be certain of what their consequences will be if the acts occur. They can never be certain what alternative exists to self-defense and other-defense for averting the feared harms. And they can never be certain what the status of the presumed attacker is—that is, whether the presumed attacker is culpable or nonculpable. Such epistemic points are addressed in this chapter. (shrink)

School reforms in the late 19th century, mirroring larger social, economic, and political changes in American society, account für the permanent lodging of science into the high school curriculum. Major changes in science courses, texts, and instruction occurred in these years. These changes then and since, however, were marked by ideological struggles among groups of reformers representing university academics, policy makers, and educators over why science knowledge and pedagogy reflected deeply embedded value conflicts in American democracy and over the purposes (...) of the high school in such a society. (shrink)

We typically think of prosecutorial ethics as encompassing a special set of obligations for prosecutors during the pretrial and trial stages of a criminal case. In the literature and in rules of professional responsibility much attention is paid to the charging function, contact with unrepresented persons, plea negotiations, discovery, and courtroom decorum. Our concern with prosecutorial ethics at these stages is rooted primarily in due process and fairness to the accused. [W]hile he may strike hard blows, the Supreme Court wrote (...) in Berger v. United States, [a prosecutor] is not at liberty to strike foul ones. Whether it is a recognition that the prosecutor acts as a representative of the sovereign or that he or she possesses extraordinary power over people's lives, we speak about the prosecutor's ethical duties as special or additional to those of ordinary lawyers. By preventing a prosecutor from litigating unfairly, the aim is to protect a criminal defendant from an unjust or unwarranted conviction. What, then, are the ethical duties of prosecutors after the defendant has had his fair shot at trial, but lost? The literature and standards are surprisingly silent, with rare exception, on the post-conviction ethics of prosecutors. Constraints on the prosecutorial function seem to reach their apex at trial. Why? Are the reasons for special or additional ethics for prosecutors non-existent on appeal? Is the vast discretion, present at the pretrial and trial stages and thought by some to justify special ethical duties, absent on appeal? As a recent case from Texas illustrates, ethical issues still abound even after a jury returns a verdict of guilty. Nevertheless, the traditional discourse on pre-conviction duties can help us determine how prosecutorial discretion should be exercised after a conviction has been obtained. (shrink)

The question of when other people’s bad acts belong on our moral ledger arises in a number of different scenarios. Each scenario has received some philosophical attention, but no one has noted the structural similarities of these various scenarios or the implications of a proposed approach to one for how the others should be approached. That is the ambition of this article. In it, seemingly disparate moral phenomena—blunt rules, preemptive restrictions, moral blackmail, complicity, retreat and proportional response, and the duty (...) to rescue from a peril one has caused—are shown to have similar structures and thus to require similar moral approaches. (shrink)

This chapter contains sections titled: The Scope of Precedential Constraint The Strength of Precedential Constraint References.

In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn (...) on the distinction between state action and the acts of non-state actors. I argue that legal doctrines should turn solely on normative considerations and should not turn on answers to conceptual questions. However, the doctrines I discuss appear to turn on the conceptual question regarding what is ‘inside’ and ‘outside’ the law. I show how each of these doctrinal areas appears to raise this conceptual issue, and I explain how the doctrines might or might not escape being held hostage to conceptual controversy. (shrink)

I examine the "practical reason" approach to statutory interpretation, according to which the interpreter should look not only to text, legislative history, and other indicia of legislative intent, but also to post-enactment history and current values. I argue that if "practical reason" represents an epistemology of statutory interpretation, its proponents owe us an account of statutory ontology, without which their claims cannot be evaluated. On the other hand, if the practical reason approach claims to be itself an account of statutory (...) ontology, then it is implausible. Facts and values cannot be ontologically blended in the way the approach describes. (shrink)