This chapter contains sections titled: Works cited Additional recommended readings.

A widespread view among theists is that there is a moral obligation to obey God’s commands. In this paper, four arguments for this view are considered: the argument from beneficence; the argument from property rights; the argument from justice; and the argument from omnipotence and moral perfection. It is argued that none of these arguments succeeds in showing that there is a moral obligation to obey God’s commands. The paper concludes with the suggestion that there (...) might be, nevertheless, weighty and specifically religious (as distinct from moral) reasons to obey God. (shrink)

This article compares two groundings of ethics: the ethical postulates of Immanuel Kant with the existential thinking of S. Kierkegaard. To achieve this goal, first, it proposes highlighting the fundamental ideas of Kantian ethics; then, secondly, highlighting Kierkegaard’s ethical stance; and finally, contrasting both approaches to identify differences and similarities. Conclusively, we can say that the pure Kantian ethical formality of duty for duty’s sake necessarily dispenses with existential and concrete content; it is an ethics that is grounded (...) in itself, that refers to itself, to the rational nature of the human being and its universality. In contrast, Kierkegaardian ethics is a Christian ethics, it is the ethics of love for one’s neighbour and, above all, for God; it is a relational and existential ethics of the single individual. (shrink)

Is it always morally wrong to violate a law and in doing so does one necessarily act badly? I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. The moral judgment in question is deeply contextual and cannot be settled by appeal to blanket moral rules such as that it is wrong to break (any) law. The argument is made by focusing on the example of a runner (...) having to decide whether to disobey the law against trespass. If in trespassing one acts badly it is not because there is a prima facie moral obligation to obey law. Theories of political obligation which ground an obligation to obey law in the principles of fairness or gratitude or in consent all fail to provide a persuasive reason not to trespass given a particular fact situation. I argue that when it is morally wrong to trespass it is morally wrong not because one has broken the law, but because and insofar as one has violated reasonable expectations of privacy. Whether there is a reasonable expectation of privacy in one's property depends in part on the character of the property in question. (shrink)

_ Source: _Volume 30, Issue 2, pp 202 - 221 There is ongoing scholarly debate over the role that Hobbes’s laws of nature play in grounding the moral requirement that subjects obey the government under which they live. This essay demonstrates how the laws of nature, when understood as natural duties, may directly ground a moral duty to obey one’s sovereign without positing that subjects have undertaken any covenant of subjection. Such a grounding avoids the problems (...) that attend accounts that depend on tacit covenant and coerced covenant. The essay describes the advantages of a natural duty account of the laws of nature over accounts that regard those laws as contractual obligations entered through voluntary acts, or as legal obligations to treat the natural laws as literal laws legislated by a sovereign God. (shrink)

A central and fundamental problem in moral philosophy is that of understanding how moral principles and theories can be justified. It involves finding rational solutions to both theoretical problems and to substantial moral questions . According to Moral Intuitionism, some normative judgments, usually called moral intuitions, justify moral principles and theories. Typically, moral intuitionists promise a method that is supposed to yield progress toward finding the answers to ethical disputes and controversies. ;I (...) argue, first, that all versions of moral intuitionism must assume that there are moral facts and that moral judgments are descriptions of these facts. Next, I consider whether these assumptions are defensible. I focus on an argument based on a claim that we have no reason to believe that any moral facts exist, because no such facts need to be postulated in our best explanations of anything. I analyze several recent replies to this line of attack, and I argue that none meets the challenge. ;Finally, I propose a reply which seems to meet a number of relevant theoretical requirements: it allows us to say that some moral judgments are true because they correspond to facts, and those judgments are sometimes justified. I argue, however, that even this version of moral realism has serious flaws. It implies that the content of moral language is community relative. That is, such sentences as 'Jews ought to be exterminated' have to be treated as ambiguous, expressing several different propositions, some true and some false. In consequence, when a Nazi issues such a judgment, he may be making a claim that is neither false nor unjustified. ;I conclude that Moral Intuitionism does not help to reach rational solutions to moral disputes and disagreements. Therefore, this view should be rejected, and we should look elsewhere for a method that would solve both theoretical and substantial problems of justification in ethics. (shrink)

A scholarly and systematic treatment of the moral sphere, using the Bergsonian notion of obligation derived from status as a point of departure. It moves, through a treatment of such concepts as the Good, moral freedom, and retribution and immortality, to the conclusion that, though an individual man can be good without believing that God exists, there is no possibility of good if God does not in fact exist. The author's basic context is the Judaic tradition; however he (...) pays more than adequate attention to both classical and modern thinkers outside this tradition. --D. S. (shrink)

Recent studies suggest that a non‐isotopic in situ hybridisation (NISH) approach can be successfully employed to investigate the carrier status of female relatives in families of selected patients with Duchenne muscular dystrophy (DMD) or Hunter syndrome, whose diseases are due to a specific X chromosome deletion.Whilst the majority of metaphase spreads from normal females show specific hybridisation signals on both X chromosomes when tested with either dystrophin or Hunter gene‐derived probes, only one X chromosome in each metaphase spread will show (...) the relevant hybridisation complex in female carriers of deletions involving the dystrophin or Hunter gene.Thus, the NISH method can be a valuable diagnostic tool for the detection of the carrier status of female relatives of patients with X chromosome deletions. (shrink)

I argue that God’s holiness as conceived in Hebrew Scripture grounds human obligations to obey divine commands. To disobey the commands of a holy God would disrespect a basic good, which we have decisive reason to avoid doing. God’s holiness may be a somewhat obscure property––though I propose transcendence and perfect morality as necessary conditions––but His omniscience and perfect morality guarantee that He would not command human beings to do things that His holiness would not ground (...) His authority to command. I conclude by replying to objections. (shrink)

The ethics of Kant and the ethics of Crusius are strikingly similar. This is manifested in a whole range of principles and concepts. Crusius’ moral teaching hinges on the rigorous moral law which has to be obeyed absolutely, and which makes it different from other prescriptions that are binding only to a relative degree. This is very close to the Kantian distinction between hypothetical and categorical imperatives. Another salient feature of Crusius’ moral teaching is the stress laid (...) on the sphere of internal motives. It is the inner motive that determines the morality of an act, rather than the external form of the act. These and some other features of Crusius’ ethics suggest a possible influence of Crusius on Kant. The possibility of such influence has repeatedly come under close scrutiny. The first works devoted to this problem date to the turn of the nineteenth and twentieth centuries. Pointers to the possibility of such influence are semantic and structural similarities of the two thinkers’ systems. Besides, it is an unchallengeable fact that Kant was fairly familiar with the main theses of Crusian philosophy. Some scholars proceed from the study of Kantian vocabulary. Some of the terms Kant uses, especially in his early works which later formed the basis of his ethical teaching in the critical period, can be traced to the terms of Crusian philosophy. However, an alternative view is that Kant was primarily influenced by Wolffian philosophy (mainly through Baumgarten), while the direct influence of Crusius remains unproven. I examine both points of view and propose my own solution to the problem. (shrink)

While denying that God has moral obligations, William Alston defends divine moral goodness based on God’s performance of supererogatory acts. The present article argues that an agent without obligations cannot perform supererogatory acts. Hence, divine moral goodness cannot be established on that basis. Defenses of divine moral obligation by Eleonore Stump and Nicholas Wolterstorff are also questioned. Against Stump, it is argued (among other things) that the temptations of Jesus do not establish the existence (...) of a tendency to sin in a divine being. Hence, Stump’s Christological objection to Alston’s denial of divine moral obligation fails. Some counterexamples to that denial offered by Wolterstorff also fail. It is concluded that claims of divine moral goodness remain problematic. (shrink)

While denying that God has moral obligations, William Alston defends divine moral goodness based on God’s performance of supererogatory acts. The present article argues that an agent without obligations cannot perform supererogatory acts. Hence, divine moral goodness cannot be established on that basis. Defenses of divine moral obligation by Eleonore Stump and Nicholas Wolterstorff are also questioned. Against Stump, it is argued (among other things) that the temptations of Jesus do not establish the existence (...) of a tendency to sin in a divine being. Hence, Stump’s Christological objection to Alston’s denial of divine moral obligation fails. Some counterexamples to that denial offered by Wolterstorff also fail. It is concluded that claims of divine moral goodness remain problematic. (shrink)

What do we understand by God’s goodness? William Alston claims that by answering this question convincingly, divine command theory can be strengthened against some major objections. He rejects the idea that God’s goodness lies in the area of moral obligations. Instead, he proposes that God’s goodness is best described by the phenomenon of supererogation. Joseph Lombardi, in response, agrees with Alston that God does not have moral obligations but says that having rejected moral obligation as (...) the content of divine goodness, Alston cannot help himself to supererogation as a solution to the content of God’s moral goodness. If God has no moral obligations and does not perform supererogatory acts, Lombardi suggests that God’s goodness may be explicated through concentrating on God’s benevolence, but he does not develop this theme. I propose that Alston’s idea of divine supererogation without obligation is sustainable, but that a reshaping of the concept of supererogation is required; one in which love, rather than benevolence, plays an important part. If the love associated with supererogation is characterised in a certain way, I suggest this adds a new angle to the understanding of divine goodness. (shrink)

On the powerful qualities view, every fundamental property is both dispositional and qualitative. Identity theory is the standard account of the view, which makes the stronger claim that a property’s dispositionality and qualitativity are identical to each other, and identical to the property itself. Recent defences of the powerful qualities view have involved novel theories of powerful qualities which are not also variants of identity theory. Giannotti (Erkenntnis 86:603–621, 2021a) has suggested a novel theory of his own, the dual (...) aspect account, which makes use of a particular notion of aspects. For Giannotti, dispositionality and qualitativity are each an aspect of a property, and an aspect is a property’s way of being. The importance of aspects is twofold. Firstly, by introducing aspects to identity theory, the theory becomes more precise. Secondly, aspects allow for a novel theory of powerful qualities, the dual aspect account, which maintains that dispositionality and qualitativity are aspects, but rejects the identity claim. Giannotti’s aim is to show that even if identity theory is false, the dual aspect account remains an available theory for advocates of powerful qualities. This paper will be a critical examination of Giannotti’s ideas. Firstly, I will clarify Giannotti’s notion of aspects, explaining how it involves a misunderstanding of supervenience, and why it does not offer the advantages that he claims it does. Secondly, in light of my discussion of aspects, I will argue that the dual aspect account lacks relative advantages over the compound view of powerful qualities. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Aquinas and Black Natural LawThomas S. HibbsIn 1857, after the United States Supreme Court ruling in Dred Scott, Frederick Douglass chastised the court for arrogating to itself the role of God, that of being absolute judge. While the Supreme Court has its own authority, he argued, "the Supreme Court of the Almighty is greater. Taney can do many things but he cannot change the essential nature of things—making (...) evil good and good, evil."1 The passage is one of many in Vincent Lloyd's Black Natural Law that underscore the appeals of African American leaders, as part of their critique of slavery and segregation, to a higher or more fundamental law than that of human law. Lloyd describes the function of natural law reasoning, which he traces through the writings of Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King Jr., in this way: From the careful examination of a "particular view of human nature" and its implications, they "apply those implications to the specifics of an ethical or political debate."2 That sounds similar to the way some contemporary Catholic proponents of natural law depict their own deployment of it. Early in the book, Lloyd suggests that "European and Catholic natural law traditions can learn much from the black natural tradition."3Concerning what might be learned, he focuses on an expansive conception of reason in the African American tradition, a conception of reason that is integrated with the role of emotion or passion and that is not [End Page 943] individualistic, but communal. He also underscores the epistemic privilege of the oppressed, the way suffering injustice attunes us to justice. Beyond the themes mentioned explicitly by Lloyd, I would add the paradoxical claim that natural law teaching is not just about the accessibility of fundamental precepts of justice, but also about the human capacity for moral blindness and the way in which the violation of the natural law is in important ways its own punishment. Because of the regularity of such blindness, attention to the obstacles to the perception of the natural law must become "part of the very activity of natural law." The ways in which these matters are articulated by African American authors can be, as Lloyd suggests, highly instructive. I would add that Lloyd's treatment of natural law in the African American tradition can also be fruitful for recovering neglected features of Aquinas's account. In what follows, I want to take up each of these themes and set them in conversation with the texts of Aquinas. As Alasdair MacIntyre, among others, has urged, seeing one's own tradition from the perspective of another, can, at a minimum, help us see it more clearly.4 As MacIntyre also notes, any such attempt faces the difficulties of translating from one tradition or community of inquiry to another. I must, accordingly, stress the limitations to the current essay, which can be nothing more than a preliminary investigation. I will largely be taking Lloyd's interpretation of the authors he studies as my assumed starting point, although in some cases I will offer my own reading of texts and authors he considers.5 What I will provide will be no more than an initial conversation, a first reading of Lloyd's theses in relation to germane themes and arguments in Aquinas. A much longer exchange, based on an immersive study of selected African American texts and the chief commentaries on them would be needed to advance the [End Page 944] conversation further. Before doing so, however, I want to provide a further reason that Catholic natural law thinkers should be eager to engage the Black natural law tradition, a reason derived from Joseph Ratzinger's reflection on the strange situation of natural law in the modern world.Ratzinger on the Vanishing Evidence for Natural Law and the Engagement of Wisdom TraditionsAs the contemporary Catholic natural law theorist Russell Hittinger has shown,6 Ratzinger, as a ressourcement theologian, is a critic of "rationalism," with "little confidence" in the older, "moral-juridical manualist and casuistical approach to natural law, which was prominent in casuistical approaches."7 In fact, he thinks that... (shrink)

Discusses central aspects of Kant's work on the nature of morality and the basis of moral obligation. In examining the categorical imperative and the hypothetical imperative, emphasizes the real nature of the distinction between these principles: whereas the former is binding upon every one, the latter is binding only upon some individuals, namely those individuals who want the end for which a prescribed action is a means. Also considers the nature of the will, Kant's criterion of the rightness (...) of a right action, and two criticisms of Kant's view of morality that arise from his attempt to offer a general answer to the question ‘Why ought an action be performed?’ Then turns to Kant's proof of freedom, which it is claimed just barely misses making the right point that action is only possible under the idea of freedom. Concludes by examining Kant's proof of immortality and the existence of God. (shrink)

Berkeley held that the moral duty of mankind was to obey God's laws; that--since God was a benevolent Creator--the object of His laws must be to promote the welfare and flourishing of mankind; and that, accordingly, humans could identify their moral duties by asking what system of laws for conduct would in fact tend to promote that object. This position--which is akin to that of 'rule' Utilitarianism--is neither unfamiliar nor manifestly untenable. He was surely mistaken, however, (...) in his further supposition that, if this theory were accepted, the resolution of all (or most) particular moral dilemmas would be simple and straightforward. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Most published discussions in contemporary metaethics include some textual exegesis of the relevant contemporary authors, but little or none of the historical authors who provide the underpinnings of their general approach. The latter is usually relegated to the historical, or dismissed as expository. Sometimes this can be a useful division of labor. But it can also lead to grave confusion about the views under discussion, and even about whose views are, in fact, under discussion. Elijah Millgram’s article, “Does the Categorical (...) Imperative Give Rise to a Contradiction in the Will?” is a case in point. In it, he takes the New Kantians to task for various flaws in their interpretation of Kant’s moral theory, to be detailed shortly. He concludes with a question and a suggestion. In order to properly dissect the first, “universal law” formulation of the Categorical Imperative, he argues, we first need to understand “why an agent wills the universalization of his maxim” (549). He also suggests that in order to answer this question, we must recur to what Kant himself actually says (550). His question is a good one, and his advice on how to go about answering it is sound. But to take Millgram’s advice is to call this division of labor into question, at least for this case. For it demands close and sustained exegesis, not only of his argument against the New Kantians, but also – in order to assess whether and where they go wrong – of Kant’s text itself. (shrink)

According to Eric Funkhouser, omnipotence and necessary moral perfection (what Funkhouser calls "impeccability") are not compatible. Funkhouser gives two arguments for this claim. In this paper, I argue that neither of Funkhouser's arguments is sound. The traditional theist can reasonably claim that, contra Funkhouser, (i) there is no possible being who possesses all of God's attributes sans impeccability, and (ii) the fact that there are things that God cannot do does not entail that God lacks omnipotence. Armed (...) with (i) and (ii), the theist has all that is needed to refute Funkhouser's arguments. (shrink)

The anal y sis is based on a the ory that con cen trates on com mu ni ca tion as the axis of in ter me di a tion be tween pol i tics and de moc - racy. It at tempts to an swer the ques tions: i) Should pol i tics be de fined as a com mu ni ca tive fact?, ii) Can so ci ety’s com mu ni ca tive sy..

In the traditional sense, a work of art creates an illustration of the outside world, or of a certain text or doctrine. Sometimes it is considered that such an illustration is not literal, but is an interpretation of what is visible, or an interpretation of a certain literary or ideological message. It can also be assumed that a work of art creates its own visual world, a separate story or a separate philosophical statement. The Parc de La Villette represents the (...) last of these possibilities: it is a philosophical statement that develops the premises derived from poststructuralist philosophies and the philosophy of deconstruction. The uniqueness of its being status, however, is that it does so not only at the level of the theoretical assumptions, but also through its functioning as an active philosophical work. This means that a park is a happening philosophy. Its activity, however, does not refer only to the present tense, but is also an attempt to penetrate the future, all otherness and impossibility. This kind of activity assumes that the work, in a sense, does not yet fully exist, but is also still produced in the processes of its interpretation. The theoretical foundations of the park included texts by Bernard Tschumi, in which he questioned traditional ways of creating a work of architecture, postulating in return the use of a long series of negations, which were comparable to the crisis of metaphysics characteristic of contemporary philosophy. It is therefore no coincidence that the publication containing Tschumi’s theoretical text on Parc de La Villette was accompanied by an essay by Jacques Derrida developing some of the architect’s concepts. The next step in integrating philosophy into the process of park design was a series of discussions between Peter Eisenman and Derrida, who completely moved the creation of the park into the world of thoughts, without accentuating the need for their realization in the material reality. The main topic of these discussions was the problem of the chôra, which was taken up by later commentators and used to interpret the park as a work in which the philosophy of the beginning is manifested relating to issues of politics, morality and religion. The park was therefore interpreted as a space of invention within the scope of creating new rules of functioning of the community and democracy. Thinking about the political future may, however, exceed the horizon of ordinary expectations. Although philosophical thought is always connected with contemporary problems and metaphysics sometimes intertwines with current politics, yet at the same time the customs of philosophy also include crossing horizons and thinking about absolute otherness and impossibility. Initially, the chôra, différance, Absolute Otherness (tout autre) and the Impossibile were concepts of pure philosophy of atheistic character, but with the further development of the discussion, more and more theological motifs began to emerge. One of the reasons for this phenomenon was the fact that radical negations of all being, which were contemplated in contemporary philosophy (by Heidegger and Derrida, among others), had previously been manifested in negative and apophatic theologies (by Master Eckhart, among others). Also the category of the “Other”, taken from Emmanuel Levinas, was clearly connected with the thought about God. A further reason for connecting the chôra with the theological thought was the interest in the philosophy of deconstruction expressed by some theologians. Caputo in particular managed to persuade Derrida to participate in discussions on the current status of religion. In the late period of Derrida’s writing, further statements on religious topics appeared. All these reasons led to posing a question about the identity of the chôra and God. Although there were no satisfactory conclusions on this issue, the discussion was also important to create an interpretation of the park as a place of worship. The chôra, representing, according to Plato, the preoriginal emptiness is the place of every beginning, but it turns out that it is not neutral to the being created in it. The chôra deposits itself in every being as an irremovable beginning that interferes with its stability. The chôra, therefore, forces us into a palintropical movement, but it also turns out to be a pure compulsion, an erring necessity and a fundamental force from which, in the human perception, motifs useful to the individual and to the community are extracted. All definitions of this force, including its anthropomorphisation, are formulated in such a way that they allow for building private and collective morality upon them. Such definitions are changed depending on variable political situations. It is difficult to determine whether in the processes of changes in the formulation of “God’s names” any essential value is retained, which is not subject to change. The current definitions of the chôra (God?), which can be found, for example, in the philosophy of Caputo, stress that she is a combination of various and contradictory forces. This characteristic inherits much of Plato’s concept, reminds us of Master Eckhart’s views on Gottheit and, at the same time, is not unfamiliar to Tschumi, whose essays were an apologia of contradictions. The current concept of chôra, transferred into the sphere of politics, is the praise of social diversity and the protection of the difference from the forces of order. In the Parc de La Villette, the future community and democracy were elevated as a system of safe existence of individuals in all their singularity. The park is a temple of a future community in which individual beings have nothing in common. (shrink)

Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality--natural law theory and divine command theory--and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations.

We argue that individuals who have access to vaccines and for whom vaccination is not medically contraindicated have a moral obligation to contribute to the realisation of herd immunity by being vaccinated. Contrary to what some have claimed, we argue that this individual moral obligation exists in spite of the fact that each individual vaccination does not significantly affect vaccination coverage rates and therefore does not significantly contribute to herd immunity. Establishing the existence of a moral (...) obligation to be vaccinated despite the negligible contribution each vaccination can make to the realisation of herd immunity is important because such moral obligation would strengthen the justification for coercive vaccination policies. We show that two types of arguments—namely a utilitarian argument based on Parfit’s Principle of Group Beneficence and a contractualist argument—can ground an individual moral obligation to be vaccinated, in spite of the imperceptible contribution that any single vaccination makes to vaccine coverage rates. We add a further argument for a moral obligation to be vaccinated that does not require embracing problematic comprehensive moral theories such as utilitarianism or contractualism. The argument is based on a “duty of easy rescue” applied to collectives, which grounds a collective moral obligation to realise herd immunity, and on a principle of fairness in the distribution of the burdens that must be borne to realise herd immunity. (shrink)

C. Stephen Evans explains and defends Kierkegaard's account of moral obligations as rooted in God's commands, the fundamental command being `You shall love your neighbour as yourself'. The work will be of interest not only to those interested in Kierkegaard, but also to those interested in the relation between ethics and religion, especially questions about whether morality can or must have a religious foundation. As well as providing a comprehensive reading of Kierkegaard as an (...) ethical thinker, Evans puts him into conversation with contemporary moral theorists. Kierkegaard's divine command theory is shown to be an account that safeguards human flourishing, as well as protecting the proper relations between religion and state in a pluralistic society. (shrink)

In this article we defend a moral conception of cosmopolitanism and its relevance for moral education. Our moral conception of cosmopolitanism presumes that persons possess an inherent dignity in the Kantian sense and therefore they should be recognised as ends‐in‐themselves. We argue that cosmopolitan ideals can inspire moral educators to awaken and cultivate in their pupils an orientation and inclination to struggle against injustice. Moral cosmopolitanism, in other words, should more explicitly inform the work that (...) moral educators do. Real‐world constraints on moral action and the need to prioritise one’s sometimes conflicting responsibilities will often qualify cosmopolitan justice as supererogatory. This fact does not absolve persons from aspiring to see themselves as having the moral obligation to help others in need, while recognising that their factual obligations are more modest in being bound by what they are actually able to do. (shrink)

The paper is a polemic with Richard Swinburne. According to him, both the possible worlds -- the ’world with God’ and the ’world without God’ -- contain moral properties. The ’world with God’, however, is morally "richer" because the existence of God entails some additional obligations; God may affect moral "facts" through creating some nonmoral facts; God may formulate some additional commands. I think that these differences lead to a greater difference in understanding morality: (...) in the ’world without God’ morality is at most a consequence of some contingent nonmoral states of affairs; whereas in the ’world with God’ it is the correlate and intended "work" of a perfect personal being. (shrink)

Teaching mathematics and improving mathematics competence are pending subjects within our educational system. The PEIM (Programa Evolutivo Instruccional para Matemáticas), a constructivist intervention program for the improvement of mathematical performance, affects the different agents involved in math learning, guaranteeing a significant improvement in students’ performance. The program is based on the following pillars: (a) students become the main agents of their learning by constructing their own knowledge; (b) the teacher must be the guide to facilitate and guarantee such a construction (...) by being a great connoisseur of the fundamental aspects of the development of the child’s mathematical thinking; (c) the mathematical contents must be sequenced in terms of the complexity and significance for the student as well as contextualized at all times; and (d) the classroom must have a constructivist climate highlighting cooperative work among students. The implementation of PEIM along with the empirical evaluation conducted in several centers in Madrid and Zaragoza (Spain) confirm how students improve their mathematical competence. Both first- and second-grade students in elementary education were far more effective in solving problems, highlighting the use of more advanced strategies in their resolution and a lower incidence of conceptual errors. Moreover, it was possible to verify how the students proving greater difficulty, experienced an evolution in learning similarly to those who did not present it. The program provides customized education to allow the teacher to know at all times how he should be more influential on the students’ learning through mathematical profiles. Both teaching practice and teachers were observed, being that of the experimental group more prone to analyzing processes and allowing the construction of knowledge by students, due to their psycho-developmental training. As a result, we found several improvements through the implementation of the program that may serve, for upcoming years, as a basis for the necessary changes in the teaching of mathematics. (shrink)

When children are too young to make their ownautonomous decisions, decisions have to be madefor them. In certain contexts we allow parentsand others to make these decisions, and do notinterfere unless the decision clearly violatesthe best interest of the child. In othercontexts we put a priori limits on whatkind of decisions parents can make, and/or whatkinds of considerations they have to take intoaccount. Consent to medical research currentlyfalls into the second group mentioned here. Wewant to consider and ultimately reject one (...) ofthe arguments put forward for putting medicalresearch into the second category. We willargue that some objections to children'sparticipation in research are either based onan implausibly restrictive conception of whatis in fact in the child's best interests orthat there is an implicit and false premisehidden in this argument; i.e., the premise thatour children have so deeply fallen into moralturpitude that we must assume that they wouldnot want to fulfill their moral obligations,or, that they will grow up to be morallydeficient and will then wish not to have actedwell while a child. (shrink)

Why morality cannot be based on faith in God -- Isms -- Absence of evidence is evidence of absence -- The insidiousness of interpretation -- You will obey -- Sally, Butch, and Plato's dilemma -- The fundamentals of secular morality -- What it means to be moral -- Where do you get your morals? -- The secular seven -- Challenges to secular morality -- Accounting for immorality -- Genocidal century -- Secular solutions -- Moral (...) relativism. (shrink)

_Experience and Value: Essays on John Dewey and Pragmatic Naturalism _brings together twelve philosophical essays spanning the career of noted Dewey scholar, S. Morris Eames. The volume includes both critiques and interpretations of important issues in John Dewey’s value theory as well as the application of Eames’s pragmatic naturalism in addressing contemporary problems in social theory, education, and religion. The collection begins with a discussion of the underlying principles of Dewey’s pragmatic naturalism, including the concepts of nature, experience, and philosophic (...) method. Essays “Experience and Philosophical Method in John Dewey” and “Primary Experience in the Philosophy of John Dewey” develop what Eames believed to be a central theme in Dewey’s thought and provide a theoretical framework for subsequent discussion. The volume continues with specific applications of this framework in the areas of value theory, moral theory, social philosophy, and the philosophy of religion. Eames’s analysis of value exposes the connection between the immediately felt values of experience and the more sophisticated judgments of value that are the product of reflection. From this basis in moral theory, Eames considers the derivation of judgments of obligation from judgments of fact. This discussion provides a grounding for a consideration of contemporary social issues directed by naturalistic and scientific principles. In the third section, with regard to educational theory, Eames considers possible resolutions of the current dichotomy between the factual worldview of science and the humanistic worldview of the liberal arts. The comprehensive article, “Dewey’s Views of Truth, Beauty, and Goodness,” connects the essays of the first and second sections and explores the placement of Dewey’s value theory with respect to morals and aesthetics. With “Creativity and Democracy,” in the fourth section, Eames also considers the concept of democracy from the standpoint of current and historical issues faced by society. This article hints at a major project of Eames’s intellectual life—the theory of democracy. The volume concludes with a discussion of the difficulty of maintaining the values of religious experience in a scientifically and technologically sophisticated world, the very topic that first brought Eames to philosophy—the meaning of religion and the religious life. Suggested solutions are offered in “The Lost Individual and Religious Unity.” _Experience and Value: Essays on John Dewey and Pragmatic Naturalism _illuminates Eames’ life of inquiry, a life that included moral, social, aesthetic, and religious dimensions of value—all suffused with the influence of John Dewey. _ _ __. (shrink)

Sport and physical activity is an area that remains relatively unexplored by contemporary bioethics. It is, however, an area in which important ethical issues arise. This paper explores the case of the participation of people with anorexia nervosa in exercise. Exercise is one of the central features of anorexia. The presence of anorexics in exercise classes is becoming an increasingly sensitive issue for instructors and fitness professionals. The ethics of teaching exercise to anorexics has, however, seldom, if ever, been addressed. (...) Codes of ethics and legislation do not offer guidelines pertinent to the case and it is left unclear whether anorexics should be allowed to participate in exercise classes. It is shown by this paper that there are strong ethical reasons to let anorexics participate in exercise classes. However, the paper also explains why, despite these apparently cogent ethical reasons, there is no moral obligation to allow a person with anorexia to take part in exercise/sports activities. (shrink)

The public health benefits of herd immunity are often used as the justification for coercive vaccine policies. Yet, ‘herd immunity’ as a term has multiple referents, which can result in ambiguity, including regarding its role in ethical arguments. The term ‘herd immunity’ can refer to (1) the herd immunity threshold, at which models predict the decline of an epidemic; (2) the percentage of a population with immunity, whether it exceeds a given threshold or not; and/or (3) the indirect benefit afforded (...) by collective immunity to those who are less immune. Moreover, the accumulation of immune individuals in a population can lead to two different outcomes: elimination (for measles, smallpox, etc) or endemic equilibrium (for COVID-19, influenza, etc). We argue that the strength of a moral obligation for individuals to contribute to herd immunity through vaccination, and by extension the acceptability of coercion, will depend on how ‘herd immunity’ is interpreted as well as facts about a given disease or vaccine. Among other things, not all uses of ‘herd immunity’ are equally valid for all pathogens. The optimal conditions for herd immunity threshold effects, as illustrated by measles, notably do not apply to the many pathogens for which reinfections are ubiquitous (due to waning immunity and/or antigenic variation). For such pathogens, including SARS-CoV-2, mass vaccination can only be expected to delay rather than prevent new infections, in which case the obligation to contribute to herd immunity is much weaker, and coercive policies less justifiable. (shrink)

Scanlon’s book aims to offer us a moral theory of right and wrong and of our obligations to one another. The theory is called contractualism and its central claim is that an act is right or wrong if and only if it could or could not be justified to others on grounds that they could not reasonably reject (p. 4). Scanlon recognizes that so stated, his contractualism might seem empty in the sense that one might think that the (...) aim of offering grounds that others could not reasonably reject is an aim to which all plausible moral theories would aspire (p. 4). For example, as Scanlon himself acknowledges, utilitarians, who hold the view that an act is right only if it would produce the greatest happiness, presumably would believe that their view is one that no reasonable person could possibly reject (p. 189). However, Scanlon believes that his contractualism is in fact substantive. According to Scanlon, his contractualism holds the process of justifying to others to be ‘basic’ (p. 5). In other words, Scanlon believes that simply by thinking about what could be justified to others on grounds that they could not reasonably reject, we can ‘determine the shape of more specific moral notions such as murder or betrayal (p. 5).’ As Scanlon explains, even though utilitarians may also accept that an act is right if and only if it can be justified to others, what makes an action right for utilitarians is that the action has the best consequences; ‘justifiability is merely a consequence of this’ (p. 189); whereas for Scanlon’s contractualism, justifiability is what makes an action right or wrong. The aim of Scanlon’s book is to elaborate and explicate this account of contractualism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Moral Distress: The Face of Workplace BullyingJohn S. MurrayAfter a 28–year long distinguished military career I accepted a research position in a tertiary academic health science center, which I considered to be my dream job following retirement. Initially I was to be responsible for one department. A second was added because of my expertise with disaster preparedness. Following my orientation, I immersed myself into my new roles recognizing (...) that there was much to be done to achieve the goal of getting both departmental research programs up to par with the rest of the organization. In a short time, I began to recognize one of my bosses was going to be challenging to work with.She expected that her name be included on all grant proposals and manuscripts despite making no substantial intellectual contributions to either. Additionally, she wanted unwarranted control over all research and scholarship activities I was engaged in with staff despite having no research experience. Even meeting with her to discuss my plans for the direction of research in this department, my efforts were met with argumentative and condescending behavior. She would agree to discuss my plans. When I showed up for meetings in her office she would get angry with me oftentimes for situations, which she herself created. I continued to move forward with my work feeling that how I had conducted research and scholarly work in the past, with integrity and uncompromising ethical standards, was going to be threatened. This created great moral stress for me. I felt overwhelmed, powerless and frustrated as a result of the uncertainty as to whether or not I could fulfill my responsibilities while still meeting moral obligations.Over time, my moral compass prevented me from deviating from the principles, which helped me to build a long–standing stellar reputation as a leader in the field of pediatric nursing. However, this came with a cost. Working for this particular boss was like being on an emotional rollercoaster. One day I would feel like she was pleased with my work, but the next day my efforts could be met with anger, demeaning and dismissive behaviors. Once she praised me in front of staff for the “great” work I was doing with the evidence–based practice initiative nurse leaders. The following day she reprimanded me for not working closely with this group. She was extremely well versed at singing my praises in front of staff. Behind her closed office door was a very different experience.I confided in some colleagues in this department how I was being treated. I quickly learned that all staff were treated in this manner by this one individual. They shared that condescending language and fear and intimidation were the norm. When [End Page 112] I asked them why no one had the awareness or courage to say this treatment was not right, they quickly shared with me that staff were deterred from speaking up for fear of greater bullying behaviors. Sadly, while everyone knew what was the right thing to do, institutional constraints made it nearly impossible to pursue the right course of action. It was readily apparent these nurses were missing advocacy. At that point, I decided it was important to seek a remedy to this problem recognizing it would be no easy task.Progressively, my work environment with this particular boss became intolerable. Despite working relentlessly to develop a research program, unwarranted criticism, unjustified blame, exclusion, isolation, unreasonable demands and denied opportunities persisted. By this time, I was suffering from nightmares, headaches, fear, anxiety, depression, difficulty concentrating, and problems with self–esteem. I felt like my professional competence and reputation was being unjustifiably denigrated by this one individual.In the past, I confided in trusted organizational leaders for guidance when faced with difficult situations. As such, I approached my other boss and shared what was happening. She was deeply concerned. She encouraged me to seek guidance from a safe and confidential environment where staff members can share concerns and receive assistance with how to handle these apprehensions. I had used a program like this in the past when dealing with moral distress. This experience was very helpful. In fact, I returned on multiple... (shrink)

Kathryn Paxton George has recently argued that vegetarianism cannot be a moral obligation for most human beings, even if Tom Regan is correct in arguing that humans and certain nonhuman animals are equally inherently valuable. She holds that Regan's liberty principle permits humans to kill and eat innocent others who have a right to life, provided that doing so prevents humans from being made worse off. George maintains that obstaining from meat and dairy products would in fact make (...) most humans worse off. I argue that Regan's liberty principle either contradicts his equal rights view or does not permit the slaughter of another for food. I show that a different view recognizing the moral rights of nonhumans but according them less value than normal adult humans, the unequal rights view, would permit such action if human survival or health depended upon it. However, it would also permit the slaughter of innocent humans in the same circumstances. Finally, I argue that current nutritional research does not support George's contention that most humans would suffer if they ceased eating other animals and their products. (shrink)

Gilbert Harman’s defense of moral relativism is distinctive because it is grounded upon a fundamental theory of moral obligation, and not merely upon certain well-known anthropological facts (e.g., cultural diversity). Harman’s theory of moral obligation is a particular form of “internalism”-roughly, that to have a moral obligation, one must have some adequate motivation (either dispositional or occurrent) to observe such constraints on action. It is argued, in the present piece, that Harman’s version of internalism (...) fails to account for the sense of using common moral judgments for the purposes of moral education (there is, in other words, a relativism that exists between those with more complex moralities and those who are just learning moral ideas). But this use of moral judgments seems to be crucial in moral education. Since this is so, this difficulty poses an important anomaly to Harman’s relativistic moral theory. (shrink)

Gilbert Harman’s defense of moral relativism is distinctive because it is grounded upon a fundamental theory of moral obligation, and not merely upon certain well-known anthropological facts (e.g., cultural diversity). Harman’s theory of moral obligation is a particular form of “internalism”-roughly, that to have a moral obligation, one must have some adequate motivation (either dispositional or occurrent) to observe such constraints on action. It is argued, in the present piece, that Harman’s version of internalism (...) fails to account for the sense of using common moral judgments for the purposes of moral education (there is, in other words, a relativism that exists between those with more complex moralities and those who are just learning moral ideas). But this use of moral judgments seems to be crucial in moral education. Since this is so, this difficulty poses an important anomaly to Harman’s relativistic moral theory. (shrink)

Early modern political thought transformed toleration from a prudential consideration into a moral obligation. Three questions need to be answered by any explanation of this transition: Did religious toleration really become an obligation of the state in this period? If this was the case, how could tolerating heresy and idolatry possibly become a moral duty to Christians? How could Europeans both condemn practices as idolatrous and immoral, and yet insist that these practices ought to be tolerated? To answer (...) these questions, the article shows how the early policy of toleration in British India was constituted by a Protestant theological framework. Toleration turned into a moral obligation, it is argued, because the Reformation had identified liberty in the religious realm as God's will for humanity. This gave rise to a dynamic in which Christian states and churches were continuously challenged for their violations of religious liberty. The principle of toleration developed as a part of this dynamic. (shrink)

In 1896 William James published an essay entitled The Will to Believe, in which he defended the legitimacy of religious faith against the attacks of such champions of scientific method as W.K. Clifford and Thomas Huxley. James's work quickly became one of the most important writings in the philosophy of religious belief. James Wernham analyses James's arguments, discusses his relation to Pascal and Renouvier, and considers the interpretations, and misinterpretations, of James's major critics. Wernham shows convincingly that James was unaware (...) of many destructive ambiguitities in his own doctrines and arguments, although clear and consistent in his view that our obligation to believe in theism is not a moral but a prudential obligation -- a foolish-not-to-believe doctrine, rather than a not-immoral-to-believe one. Wernham also shows that the doctrine is best read as affirming the wisdom of gambling that God exists, a notion which James failed to distinguish from believing and which, among other things, he explicitly identified with faith. James's pragmatism, a theory concerning the meaning of truth, is shown to be quite distinct from the doctrine of The Will to Believe. In concentrating on a careful analysis of this doctrine of the will-to-believe, Wernham not only makes a major contribution to understanding James's philosophy, but also clarifies issues in the philosophy of religion and in the analysis of belief and faith. (shrink)

In 1896 William James published an essay entitled The Will to Believe, in which he defended the legitimacy of religious faith against the attacks of such champions of scientific method as W.K. Clifford and Thomas Huxley. James's work quickly became one of the most important writings in the philosophy of religious belief. James Wernham analyses James's arguments, discusses his relation to Pascal and Renouvier, and considers the interpretations, and misinterpretations, of James's major critics. Wernham shows convincingly that James was unaware (...) of many destructive ambiguitities in his own doctrines and arguments, although clear and consistent in his view that our obligation to believe in theism is not a moral but a prudential obligation -- a foolish-not-to-believe doctrine, rather than a not-immoral-to-believe one. Wernham also shows that the doctrine is best read as affirming the wisdom of gambling that God exists, a notion which James failed to distinguish from believing and which, among other things, he explicitly identified with faith. James's pragmatism, a theory concerning the meaning of truth, is shown to be quite distinct from the doctrine of The Will to Believe. In concentrating on a careful analysis of this doctrine of the will-to-believe, Wernham not only makes a major contribution to understanding James's philosophy, but also clarifies issues in the philosophy of religion and in the analysis of belief and faith. (shrink)

The HIV/AIDS epidemic is increasingly a diseaseof the disadvantaged, a destroyer of nations,and a threat to global security and well-being.But this need not be so: the world has thescientific knowledge, technologicalinnovations, and financial resources tosignificantly reduce the spread and sufferingcaused by the disease. This paper argues thatthe wealthy nations of the world, led by theUnited States, have a moral obligation to offermuch greater assistance to developing countrieswhere the epidemic is most severe. UsingZimbabwe as a case study, this essay (...) examinesthe immediate and underlying factors behind theepidemic in order to make realistic andaffordable policy recommendations that includenew investments in global health care, debtrelief, and long-term economic development. Bydemonstrating our ability to dramaticallyaffect the future course and consequences ofthis unprecedented epidemic, the paperconcludes that greater action is not only inthe interest of public health, but is also amoral imperative. By investing the necessaryresources to improve public health and toreduce global poverty, we promote and extendthe fundamental rights and values that weprofess to hold dear. (shrink)

Once God is no longer recognized as the ground and the enforcer of morality, the character and force of morality undergoes a significant change, a point made by G.E.M. Anscombe in her observation that without God the significance of morality is changed, as the word criminal would be changed if there were no criminal law and criminal courts. There is no longer in principle a God's-eye perspective from which one can envisage setting moral pluralism aside. (...) In addition, it becomes impossible to show that morality should always trump concerns of prudence, concerns for one's own non-moral interests and the interests of those to whom one is close. Immanuel Kant's attempt to maintain the unity of morality and the force of moral obligation by invoking the idea of God and the postulates of pure practical reason are explored and assessed. Hegel's reconstruction of the status of moral obligation is also examined, given his attempt to eschew Kant's thing-in-itself, as well as Kant's at least possible transcendent God. Severed from any metaphysical anchor, morality gains a contingent content from socio-historical context and its enforcement from the state. Hegel's disengagement from a transcendent God marks a watershed in the place of God in philosophical reflections regarding the status of moral obligations on the European continent. Anscombe is vindicated. Absent the presence of God, there is an important change in the force of moral obligation. (shrink)

Purpose. The research is aimed at substantiation of the process of formation of various human images in the postmodernism era in the context of biophilosophy, taking into account the need to find an adequate response to historical challenges and the production of new value orientations reflecting succession of civilization development. Theoretical basis. The author in his theoretical constructs proceeds from the need of taking into account the biophilosophical aspect of postmodern man, as the one who, remaining a representative of the (...) species Homo sapiens, began to dynamically change, losing its own natural and functional qualities, acquiring to a large extent the socio-technology-related qualities. The thesis that in the postmodern society the moral and legal foundations of existence of human being, as the subject of actions and responsibility for these actions, practically coincide with the biological foundations is taken as initial argument. New biological knowledge, as well as the related technologies, orient the public consciousness towards production of fundamentally new or modernization of the existing bio-philosophical ideas. The author's vision of the anthropological collision of the Post-Modernism era is caused by the fact that the issues of a postmodern man acquire a special urgency at the end of the ХХ – early XXI century. A progressive disproportion between a human being, whose abilities as a representative of the species Homo sapiens are biologically limited, and the human community, which sees no limits in its information and technological expansion, is of current interest. Originality. The author reveals the key features of the Post-Modernism era, in which a fundamentally different civilizational space originates, and where a new type of person emerges in its internal culture, which is called the postmodern man. The postmodern man was considered through the prism of bio-philosophy. Its interest in man is caused by his or her place in nature, the prospects of development at the individual, population and species levels. Conclusions. In the process of development of bio-philosophy, its research field will be naturally expanded with the use of philosophical means of perception of life as such and filling the bio-philosophy with philosophical and biological issues. In contemporary conditions, the study of the boundaries of biological reality and its previously unknown properties, definition of new horizons of theoretical knowledge in the science of life, the critical rethinking of the concepts of biocentrism and anthropocentrism in the space of modern scientific knowledge, the definition of perspective trends in the study of man, his or her place and role in the planetary being is of great importance. (shrink)

Once God is no longer recognized as the ground and the enforcer of morality, the character and force of morality undergoes a significant change, a point made by G.E.M. Anscombe in her observation that without God the significance of morality is changed, as the word criminal would be changed if there were no criminal law and criminal courts. There is no longer in principle a God's-eye perspective from which one can envisage setting moral pluralism aside. (...) In addition, it becomes impossible to show that morality should always trump concerns of prudence, concerns for one's own non-moral interests and the interests of those to whom one is close. Immanuel Kant's attempt to maintain the unity of morality and the force of moral obligation by invoking the idea of God and the postulates of pure practical reason are explored and assessed. Hegel's reconstruction of the status of moral obligation is also examined, given his attempt to eschew Kant's thing-in-itself, as well as Kant's at least possible transcendent God. Severed from any metaphysical anchor, morality gains a contingent content from socio-historical context and its enforcement from the state. Hegel's disengagement from a transcendent God marks a watershed in the place of God in philosophical reflections regarding the status of moral obligations on the European continent. Anscombe is vindicated. Absent the presence of God, there is an important change in the force of moral obligation. (shrink)

This paper raises three objections to the argument presented by Ostritsch in The amoralist challenge to gaming and the gamer’s moral obligation, in which the amoralist’s mantra “it’s just a game” is viewed as an illegitimate rebuttal of all moral objections to video games. The first objection focuses on Ostritsch’s ‘strong sense’ of player enjoyment, which I argue is too crude, given the moral work it is meant to be doing. Next, I question the legitimacy of Ostritsch’s (...) claim that certain video games are immoral. I examine what is involved in making this claim and what would be required for a normative position to be established: none of which is addressed by Ostritsch. Finally, I challenge the legitimacy of his claim that players are obliged not to play certain video games in certain ways. I distinguish between immoral and suberogatory actions, arguing that the latter is in fact more applicable to cases Ostritsch has in mind, and that one is not obliged not to engage in these actions. (shrink)

The moral obligation to support space exploration follows from our obligations to protect the environment and to survive as a species. It can be justified through three related arguments: one supporting space exploration as necessary for acquiring resources, and two illustrating the need for space technology in order to combat extraterrestrial threats such as meteorite impacts. Three sorts of objections have been raised against this obligation. The first are objections alleging that supporting space exploration is impractical. The second (...) is the widely held notion that space exploration and environmentalism are at odds with one another. Finally, there are two objections to using space resources that Robert Sparrow has raised on the topic of terraforming. The obligation to support space exploration can be defended in at least three ways: (1) the "argument from resources," that space exploration is useful for amplifying our available resources; (2) the "argument from asteroids," that space exploration is necessary for protecting the environment and its inhabitants from extraterrestrial threats such as meteorite impacts; and (3) the "argument from solar burnout," that we are obligated to pursue interstellar colonization in order to ensure long-term human survival. (shrink)

The recent review of the Unrelated Live Transplant Regulatory Authority provides administrative and statistical information regarding living donor kidney transplantation in the United Kingdom.1 However, it leaves much unsaid. For example, although the report does mention the number of live kidney donations from unrelated donors that ULTRA has approved, it fails to mention that the United Kingdom has a low live kidney donation rate compared with other European countries .2 More importantly, the report does not address the fundamental question (...) of whether the legal framework underlying ULTRA is morally justified. The legal regime in the United Kingdom proceeds on the tacit assumption that genetically unrelated donors are much more vulnerable to coercion than are related donors, and hence are more in need of protective regulation. In this article, we argue that the distinction drawn in the United Kingdom between genetically related and unrelated donors is difficult to justify, that it unnecessarily discourages live organ donation, and that the law should be changed.BACKGROUNDThe Unrelated Live Transplant Regulatory Authority is a creature of the Human Organ Transplant Act , which was enacted by parliament in 1989, and which came into force, with regulations, on 1 April 1990.3–5 The Human Organ Transplant Act was enacted hastily after the General Medical Council’s inquiry into the notorious case of a British physician’s involvement in transplants involving Turkish peasants.6 Young men were inveigled by an agent to travel to London, ostensibly to take up new jobs. In fact, they were being recruited as living donors of kidneys transplanted into fee paying foreign patients. The consequent debate in the media attracted an emotional …. (shrink)

Kant famously insisted that “the idea of the will of every rational being as a universally legislative will” is the supreme principle of morality. Recent interpreters have taken this emphasis on the self-legislation of the moral law as evidence that Kant endorsed a distinctively constructivist conception of morality according to which the moral law is a positive law, created by us. But a closer historical examination suggests otherwise. Kant developed his conception of legislation in the (...) context of his opposition to theological voluntarist accounts of morality and his engagement with conceptions of obligation found in his Wolffian predecessors. In order to defend important claims about the necessity and immediacy of moral obligation, Kant drew and refined a distinction between the legislation and authorship of the moral law in a way that precludes standard theological voluntarist theories and presents an obstacle to recent constructivist interpretations. A correct understanding of Kant's development and use of this distinction reveals that his conception of legislation leaves little room for constructivist moral anti-realism. (shrink)