All morally wrong actions deserve some form of moral condemnation. But the degree of that condemnation is not the same in all cases. Some wrongs are so morally extreme that they seem to belong to a different category because they deserve our very strongest form of moral condemnation. For example, telling a white lie to make a friend feel better might be morally wrong, but intuitively such an act is in a different moral category to the sadistic, brutal, and violent (...) rape and torture of a child. The former act is merely wrong and not evil. In contrast, the latter act seems so morally extreme that we need to call it “evil” and not merely “wrong” if we are to do justice both to the moral seriousness of that act and the strength of our condemnation of it. The task of a theory or substantive conception of evil is to spell out what is an evil action and how it differs from a merely wrongful action. But what does a plausible substantive theory of evil look like? To explore this question, I spell out the concept of evil and illustrate four different types of substantive conceptions of evil actions: victim, perpetrator, spectator, and mixed theories. Of these four options, I argue that mixed theories are the most plausible type of theory, before investigating in detail the promising mixed theory recently defended by Matthew Kramer (2014b). Finally, in light of my analysis of Kramer’s view, I present a reformulated version of my combination theory of evil (Formosa 2008; Formosa 2013). (shrink)

We examine over 100 top performing Canadian firms in visibly polluting industries as we seek to answer four research questions: What specific environmental issues are firms addressing? How do these issues differ between industries? Are both symbolic and substantive actions financially beneficial? Does green-washing, measured as the difference between symbolic and substantive action, and/or green-highlighting, measured as the combined effect of symbolic and substantive actions, pay? We find that substantive actions of environmental issues (green walk) (...) neither harm nor benefit firms financially, but symbolic actions (green talk) are negatively related to financial performance. We also find that green-washing (discrepancy between green talk and green walk) has a negative effect on financial performance and green-highlighting (concentrated efforts of the talk and walk) has no effect on financial performance. In this article, we provide explanations of our findings and put forth future research directions. (shrink)

This paper argues that substantive ethical rules serve a critical ethical function, even in those cases where we should deviate from those rules. Assuming that the rules are valid provides decision-makers with the context essential to reaching a well-justified decision. Recognizing this helps to reconcile two attractive but incompatible positions regarding the evaluation of healthcare ethics consultants. The first position is that ethical rules can validly be used to evaluate the quality of consultants’ advice, ensuring conformity to standards promoted (...) by a significant portion of medical ethicists. The second position—the message of ethical particularism—is that we should not evaluate consultants according to strict rules, since good ethical advice may deviate from even the most carefully wrought moral rules. Steering a path between these extremes, I argue that we should evaluate the quality of consultations by examining whether consultants have communicated the relevant ethical rules to participants as ethical presumptions. In communicating presumptions, a consultant provides an indispensable ingredient to ethical decision-making, while leaving open the possibility that the ethical course of action involves violating the very ethical rules that one should presume. (shrink)

. The accounting profession’s image and reputation is built upon the members of the profession acting with the “highest sense of integrity” in “the public interest” (AICPA, 2003, www.aicpa.org/about). The Enron debacle initiated the latest crisis facing the profession regarding its image and reputation. The American Institute of Certified Public Accountants (AICPA) is the largest professional body representing the accounting profession and the one to which regulators have looked in establishing and upholding professional standards relating to the public practice of (...) accounting and auditing. One of the AICPA’s responsibilities is to “promote public awareness and confidence in the integrity, objectivity, competence and professionalism of CPAs ....” (AICPA, 2003, www.aicpa.org/about). We analyze the public statements issued by the AICPA (i.e., press releases, speeches of officers, testimony, published articles) during this ethical and identity crisis beginning with the AICPA’s first public statement on the Enron debâcle (AIPCA 2001) and concluding with the AICPA recognizing the need for a “new accounting culture” (Melancon 2002). In order to better understand the public discourse, we use image restoration theory (Benoit, 1995), because it provides a typology of strategies for dealing with the public face of crises. We identify the three most common strategies the AICPA employs during this period. Proposals for taking corrective action represent the most commonly employed strategy, but the analysis also indicates an attempt to evade responsibility by claiming defeasibility and to reduce the offensiveness of the situation by employing a bolstering strategy. A second analysis using DICTION, a software package useful in revealing latent dimensions in a text, indicates that early statements tend to use language related to accomplishing specific action while the later statements tend more toward general language that relates to peoples’ everyday lives. The findings raise questions as to substantive nature of the changes proposed by the AICPA, and thus, the extent to which the public interest is being served by them. (shrink)

This paper examines Ideal Observer Theory and uses criticisms of it to lay the foundation for a revised theory first suggested by Jonathan Harrison called Ideal Moral Reaction Theory. Harrison’s Ideal Moral Reaction Theory stipulates that the being producing an ideal moral reaction be dispassionate. This paper argues for the opposite: an Ideal Moral Reaction must be performed by a passionate being because it provides motivation for action and places ethical decision-making within human grasp.

Embodiment is a fact of human existence which philosophers should not ignore. They may differ to a great extent in what they have to say about our bodies, but they have to take into account that for each of us our body has a special status, it is not merely one amongst the physical objects, but a physical object to which we have a unique relation. While Descartes approached the issue of embodiment through consideration of sensation and imagination, it is (...) more directly reached by consideration of action and agency: whenever we act upon the world, we act by moving our bodies. So if we can understand what an immaterialist such as Berkeley thinks about agency, we will have gone a fair way to understanding what he thinks about embodiment. §1 discusses a recent flurry of articles on the subject of Berkeley’s account of action. I choose to present Berkeley as a causal-volitional theorist not because I think it is the uniquely correct interpretation of the texts, but because I find it more philosophically interesting as a version of immaterialism. In particular, it raises the possibility of a substantive account of human embodiment which is completely unavailable to the occasionalist. §2 articulates an apparent philosophical problem for Berkeley qua causal-volitional theorist and show that Locke was aware of a related problem and had a solution of which Berkeley would have known. §3 distinguishes two interpretations of Berkeley’s famous denial of blind agency – as the assertion of a weak representational condition or a strong epistemic one – and provide evidence that there was a well-established debate about blind powers in the seventeenth century which took the metaphor of blindness as indicating an epistemic rather than merely representational failing. What remains to do in §4 is to consider whether Berkeley, with his own peculiar commitments, could in fact accept this account of agency. (shrink)

"Both Thomistic scholars and analytic philosophers interested in theories of human action and accountability will find this book a welcome addition to their libraries. Truly a substantive addition to both Thomistic scholarship and the ongoing analytic investigation into human action and responsible agency."—American Catholic Philosophical Quarterly "A first-rate book...Brock's lucid and illuminating analysis offers much of value to both intellectual historians and theologians, as well as philosophers."—Theological Studies"Brock's treatment of Aquinas's account of action exhibits a rare (...) combination of rigor and learning. It is, no doubt, the best we have."—The Thomist. (shrink)

This book is a general defence of Donald Davidson's and G.E.M. Anscombe's 'unifying' approach to the individuation of actions and other events against objections raised by Alvin I. Goldman and others. It is argued that, ironically, Goldman's rival 'multiplying' account is itself vulnerable to these objections, whereas Davidson's account survives them. Although claims that the unifier-multiplier dispute is not really substantive are shown to be unfounded, some room for limited agreement over the ontological status of events is indicated. Davidson's (...) causal criterion of event identity is then defended against charges of triviality or inadequacy. It is concluded that Davidson's criterion is not primarily a criterion for arriving at particular judgments of individuation, but a metaphysical standard for the correctness of such judgments, however arrived at. Contents: Unifiers vs. Multipliers - Davidson's individuation of events - Goldman's act generation - causal, 'by'-relational, and temporal problems - ontology and event constituents - Davidson's causal criterion. This book is unique in providing a detailed survey and analysis of the recent unifier-multiplier dispute, and will be of interest to all researchers in action theory, as well as those working more broadly in metaphysics, philosophy of language, and philosophy of mind. (shrink)

Although the notion of agency presents itself as an attractive solution to the puzzle of free will, itfaces a problem vis-à-vis the nature of reasons that are purported to lie behind actions. In this paper,I first point out the significance of a paradigm shift that emerges with the agency view. Then I arguethat the agency theories nonetheless fail in general to give a satisfactory account of various sorts ofreasons underlying our actions and choices. In trying to enlighten the multi-faceted nature (...) of actionsand agency, I define a novel concept, “substantive autonomy,” and claim that it is a basic fact valid forall animals, not only humans, that are capable of initiating action. Reasons may indeed be lying behind our actions in a non-deterministic and ubiquitous manner, but agency often works in the absenceof sophisticated reasons which are evidently characteristic of humans.Keywords: agency, event causation, free will, reasons, substantive autonomy. (shrink)

The philosophy of action is about agents and actions. As such, it has both a metaphysical and an ethical dimension. My dissertation is divided into three papers. ;The first is wholly metaphysical, concentrating on the ontology of actions. I explore the relationship between actions reported by a certain class of "by" -sentences and argue that the relationship is identity. ;The second paper concerns the bearing that ontological conclusions about actions have on ethics. I argue that, except for the claim (...) that there are no such entities as actions, ontological conclusions about actions do not make a substantive difference to ethical theory. ;In the third paper, I concentrate on the ethical issue of an agent's responsibility for her actions. I argue that an agent is responsible only if she could have done otherwise, as long as "could have done otherwise" is interpreted as meaning "would have done otherwise if she had so chosen.". (shrink)

This article seeks to establish that the social sciences have an important contribution to make to the study of ethics. The discussion is framed around three questions: (i) what theoretical work can the social sciences contribute to the understanding of ethics? (ii) what empirical work can the social sciences contribute to the understanding of ethics? And (iii) how does this theoretical and empirical work combine, to enhance the understanding of how ethics, as a field of analysis and debate, is socially (...) constituted and situated? Through these questions the argument goes beyond the now commonly cited objection to the over‐simplistic division between normative and descriptive ethics (that assigns the social sciences the ‘handmaiden’ role of simply providing the ‘facts’). In extending this argument, this article seeks to establish, more firmly and in more detail, that: (a) the social sciences have a longstanding theoretical interest analysing the role that a concern with ethics plays in explanations of social change, social organisation and social action; (b) the explanations that are based on the empirical investigations conducted by social scientists exemplify the interplay of epistemological and methodological analyses so that our understanding of particular substantive issues is extended beyond the conventional questions raised by ethicists, and (c) through this combination of theoretical and empirical work, social scientists go beyond the specific ethical questions of particular practices to enquire further into the social processes that lie behind the very designation of certain matters as being ‘ethical issues’. (shrink)

This article seeks to establish that the social sciences have an important contribution to make to the study of ethics. The discussion is framed around three questions: (i) what theoretical work can the social sciences contribute to the understanding of ethics? (ii) what empirical work can the social sciences contribute to the understanding of ethics? And (iii) how does this theoretical and empirical work combine, to enhance the understanding of how ethics, as a field of analysis and debate, is socially (...) constituted and situated? Through these questions the argument goes beyond the now commonly cited objection to the over‐simplistic division between normative and descriptive ethics (that assigns the social sciences the ‘handmaiden’ role of simply providing the ‘facts’). In extending this argument, this article seeks to establish, more firmly and in more detail, that: (a) the social sciences have a longstanding theoretical interest analysing the role that a concern with ethics plays in explanations of social change, social organisation and social action; (b) the explanations that are based on the empirical investigations conducted by social scientists exemplify the interplay of epistemological and methodological analyses so that our understanding of particular substantive issues is extended beyond the conventional questions raised by ethicists, and (c) through this combination of theoretical and empirical work, social scientists go beyond the specific ethical questions of particular practices to enquire further into the social processes that lie behind the very designation of certain matters as being ‘ethical issues’. (shrink)

My paper reflects on the debate about reasons for action and action explanations between Wittgensteinian teleological approaches and causalist theories inspired by Davidson. After a brief discussion of similarities and differences in the philosophy of language, I sketch the prehistory and history of the controversy. I show that the conflict between Wittgenstein and Davidson revolves neither around revisionism nor around naturalism. Even in the philosophy of mind and action, Davidson is not as remote from Wittgenstein and his (...) followers as is commonly assumed: there are numerous points of contact of both a biographical and a substantive kind. The real conflict concerns the difference between Davidson’s official subjectivist approach to reasons for action, according to which they are mental states of believing and desiring (or their onsets) on the one hand, and an objectivist approach, according to which reasons for action are what is believed or desired, non-mental facts or states of affairs. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, (...) the second concerns the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

This paper has two goals. First, I offer an interpretation of Nietzsche’s puzzling claims about will to power. I argue that the will to power thesis is a version of constitutivism. Constitutivism is the view that we can derive substantive normative conclusions from an account of the nature of agency; in particular, constitutivism rests on the idea that all actions are motivated by a common, higher-order aim, whose presence generates a standard of assessment for actions. Nietzsche’s version of constitutivism (...) is based on a series of subtle claims about the psychology of willing and the nature of satisfaction, which imply that all actions aim at encountering and overcoming resistance (this is what Nietzsche means by “will to power”). Second, I argue that Nietzsche’s theory, thus interpreted, generates a new, a posteriori version of constitutivism that is not vulnerable to certain familiar objections. If this is right, then we can deploy Nietzschean ideas in order to make a substantive contribution to issues that are currently at the forefront of ethics and action theory. (shrink)

Critics of Jürgen Habermas's theory of communicative action argue that he has failed to recognize the extent to which moral argumentation is grounded in particular historical contexts, cultural traditions, collective identities, or social lifeworlds. Although he has engaged in a series of strategies aimed at acknowledging the role of particularistic considerations without abandoning his primary commitment to ethical universalism, Habermas has not succeeded in meeting all of the objections of his critics. This paper treats the contradiction between formal and (...) substantive rationality, which lies at the heart of the debate, as an empirical phenomenon within the social world. It argues that the antinomy of formal and substantive rationality plays a central role in historical processes of social change. Through critical argumentation, social actors deliberate on contradictions among strategic, moral, and ethical standards of validity, and they struggle to resolve these contradictions through collective action and the reform of laws, policies, and institutions. Examples are drawn from US political history to substantiate the argument, and some questions are raised for further research. (shrink)

The utilitarian conception, which I call “action as production,” holds that action is a way of making use of the world, conceived as a causal mechanism. According to the rational intuitionist conception, which I call “action as assertion,” action is a way of acknowledging the value in the world, conceived as a realm of status. On the Kantian constructivist conception, which I call “action as participation,” action is a way of making the world, qua (...) causal mechanism, come to count as a realm of status. My rather limited aim in this paper is to identify three substantively different answers the question of how action relates an agent to the world, regarded as a context of action. (shrink)

The Architecture of Reason aims to develop a unified theory of theoretical and practical rationality along foundationalist lines. The structure of practical reason, Audi argues, is closely parallel to that of theoretical reason: just as the rationality of inferential beliefs ultimately rests on the rationality of basic beliefs, so too the rationality of instrumental desires and of the corresponding actions ultimately rests on the rationality of intrinsic desires. Intrinsic desires are rational if they are well-grounded in certain “objectively valuable” features (...) of experience, much as basic beliefs are justified, and thus rational, if they are well-grounded in certain perceptual or intuitive features of experience. Though Audi’s theory of practical rationality does not strictly require “axiological experientialism”, in point of fact it is “the experientially grounded rationality of intrinsic desire that chiefly concerns [him] in accounting for the foundations of practical reason”. This normative sort of foundationalism, Audi holds, is to be distinguished from merely motivational foundationalism; the latter is compatible with certain instrumental accounts of rationality which view intrinsic desires as ultimate motivational states capable, via appropriate beliefs, of conferring rationality on the actions they motivate without themselves being properly regarded as rational. The normative foundationalism that Audi proposes to defend in opposition to instrumentalism about practical reason holds not only that rational action must ultimately be well-grounded in rational intrinsic desires, but that “there are substantive criteria for the rationality of intrinsic desires”. My aim in this discussion note is to raise some concerns about Audi’s claim to have established a normatively and substantively foundational alternative to instrumentalism, and thus to have provided a unified foundational account of rationality. In closing, I shall also attempt to respond to certain objections Audi has raised against instrumentalism. Much in this wide-ranging book, however, remains untouched by my comments; many of its excellent features would doubtless have been highlighted in the context of a general review. (shrink)

The Architecture of Reason aims to develop a unified theory of theoretical and practical rationality along foundationalist lines. The structure of practical reason, Audi argues, is closely parallel to that of theoretical reason: just as the rationality of inferential beliefs ultimately rests on the rationality of basic beliefs, so too the rationality of instrumental desires and of the corresponding actions ultimately rests on the rationality of intrinsic desires. Intrinsic desires are rational if they are well-grounded in certain “objectively valuable” features (...) of experience, much as basic beliefs are justified, and thus rational, if they are well-grounded in certain perceptual or intuitive features of experience. Though Audi’s theory of practical rationality does not strictly require “axiological experientialism”, in point of fact it is “the experientially grounded rationality of intrinsic desire that chiefly concerns [him] in accounting for the foundations of practical reason”. This normative sort of foundationalism, Audi holds, is to be distinguished from merely motivational foundationalism; the latter is compatible with certain instrumental accounts of rationality which view intrinsic desires as ultimate motivational states capable, via appropriate beliefs, of conferring rationality on the actions they motivate without themselves being properly regarded as rational. The normative foundationalism that Audi proposes to defend in opposition to instrumentalism about practical reason holds not only that rational action must ultimately be well-grounded in rational intrinsic desires, but that “there are substantive criteria for the rationality of intrinsic desires”. My aim in this discussion note is to raise some concerns about Audi’s claim to have established a normatively and substantively foundational alternative to instrumentalism, and thus to have provided a unified foundational account of rationality. In closing, I shall also attempt to respond to certain objections Audi has raised against instrumentalism. Much in this wide-ranging book, however, remains untouched by my comments; many of its excellent features would doubtless have been highlighted in the context of a general review. (shrink)

Can we draw substantive conclusions about the reasons for action agents have from premisses about the desires of their idealized counterparts? The answer is that we can. The argument for this conclusion is Rawlsian in spirit, focusing on the choices that our idealized counterparts must make simply in virtue of being ideal, and inferring from these choices the contents of the desires that they must have. It turns out that our idealized counterparts must have desires in which we (...) ourselves figure as both agents and patients, and in which others must figure too, though only as patients. (shrink)

In the ongoing discussion about practical rationality, one of the big questions has become: how does one go about conducting an argument about the forms that practical reasoning can take? Life and Action is thus of great interest not just because it advances substantive and novel views as to what those inference patterns are, but in that it puts on the table, by my count, five distinct methods of arriving at conclusions as to what reasoning about what to (...) do can and must be. 1 I am here going to focus on methodological concerns, which means that much else that is worthy of discussion in this very rich book will be left to one side.Thompson's first method is derived from one of the several competing readings of Frege, associated with Tom Ricketts and Warren Goldfarb, and for right now, I am going to call it Logical Form Extraction. Its raw material is our grasp of the correctness and incorrectness of inference. Where Frege devoted his efforts to rendering explicit truth-functional and quantificational inferential potentials in a representation of the proposition, Thompson attempts, in two distinct applications of the method, to spell out the logical form of thoughts that figure into different sorts of practical inference.His first application of the method presses on sentences like: ‘The female bobcat has …. (shrink)

This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory fails to explain adequately why criminal responsibility requires an act. Second, when it comes to the just definition of crimes, the act requirement is at best a rough generalization rather than a substantive limiting principle. Third, that the intuition underlying the so-called “act requirement” is better explained by what I (...) call the “practical-agency condition,” according to which punishment in a specific instance is unjust unless the crime charged was caused or constituted by the agent's conduct qua practically rational agent. The practical-agency condition is defended as a reconstruction of what is worth retaining in Anglo-American criminal law's traditional notion of an “act requirement.”. (shrink)

Justice as Right Actions presents an original theory of justice anchored in the analytical philosophical tradition. In contrast to many contemporary approaches, the theory provides normative guidance, rather than focusing solely on political structures and institutions, as the question of justice is seen to comprise both a moral inquiry concerned with questions of good and bad, right and wrong, and a political inquiry, concerned with the nature of the polity and how individuals relate to it. Presenting a relational account of (...) justice, rather than a distributive account the latter, so much more prevalent in current studies communications are seen as the key to the theory, both in the substantive sense as a discursive method of resolving disputes, as well as instrumentally, in the transmission of concepts, especially values through time. Rule-oriented in approach, justice as right actions attempts to be value-neutral, acknowledging, however, an underlying thin theory of the good, including concepts of rationality, autonomous moral agency, equal concern and respect for others, as well as plurality of values. Its political context is liberalism, with components of negative liberty and equality of concern and respect, while underscoring as well, the concepts of tolerance and social diversity. In this study, the original theory of Justice as Right Actions is also contrasted with and situated among contemporary accounts of justice, including the most important theoretical works on the topic in the past half-century. Thus, the study also serves as a valuable review and critique of such major contemporary accounts of justice. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, (...) the second concerns the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

The sources and methods of espionage, the goals and tactics of covert action, and the professional conduct of intelligence officers are matters typically hidden from public scrutiny, yet clearly worthy of public debate and philosophical attention. Recent academic studies of intelligence that have had any intentional bearing on ethics or political philosophy have largely focused on procedural questions surrounding the proper degree of oversight of intelligence agencies. But what is often missed in such examinations is substantive ethical analysis (...) of intelligence operations themselves. (shrink)

The nature and effectiveness of any international legal agreement is heavily shaped by the forum in which it is negotiated and implemented. This includes both the substantive content that global policymakers agree upon and the subsequent state compliance with those provisions. Forums differ in their institutional characteristics, thereby providing unique opportunities and costs for participating actors. Forums may have different mandates, capacities, cultures, members, and legal processes — all of which ultimately affect distributions of power and influence. These differences (...) then shape how issues are framed, the content of agreements as they are negotiated, and the incentives states have to comply with any obligations. (shrink)

I begin this chapter by outlining Mill's thinking about why justice is a problem for utilitarians. Next, I turn to Mill's own account of justice and explain its connection with rights, perfect duties, and harms. I then examine David Lyons' answer to the question of how Mill's account is meant to answer the Weak Objection from Justice. Lyons maintains that Mill's account of justice has both a conceptual side and a substantive side. The former provides an analysis of such (...) concepts as 'justice' and 'rights'. The latter, based on the Principle of Utility, provides an explanation of when these concepts apply. As a result, utilitarians can allow for circumstances in which actions are wrong because they are unjust, while also claiming that the standards of right and wrong (as well as justice and injustice) are determined by the Principle of Utility. However, the main thesis of this paper is that Lyons' interpretation is flawed. The distinction between the conceptual and the substantive levels of Mill's thinking does not hold up to scrutiny, and even if it did, it would not support Lyon's reading of Mill. It would instead support a debunking interpretation of justice, an interpretation recently explored by Roger Crisp. Such a debunking interpretation suggests a very different response to the Weak Objection from Justice, one that many, but not all, utilitarians will find unwelcome. (shrink)

The relationship between descriptive representation and substantive representation is an issue that has been widely discussed by women’s studies scholars. In general, it is assumed that there exists a positive relationship between the two, but the literature and empirical analysis show that substantive representation also depends on the action of other critical actors, such as gender agencies and the women’s social movement. Comparative research has shown the existence of a common pattern in post-industrial democracies: the development of (...) women-friendly policies depends on the existence of coalitions between these critical actors. However, the analysis usually focuses on the national or regional level, and there is very little analysis at the local level, despite this being a political arena in which these processes can be developed. The aim of this article is to analyse the effect of coalitions of critical actors on the responsiveness to the demands of women’s groups in the case of Spanish municipalities using a representative survey. The objective, therefore, is to apply advances in the women’s substantive representation literature to the local level in Spain. Main results show that responsiveness is higher in municipalities where women’s coalitions exist. (shrink)

This article sets out a formal procedure for determining the probability that God would do a specified action, using our moral knowledge and understanding God as a perfect being. To motivate developing the procedure I show how natural theology – design arguments, the problems of evil and divine hiddenness, and the treatment of miracles and religious experiences as evidence for claims about God – routinely appeals to judgments involving these probabilities. To set out the procedure, I describe a decision-theoretic (...) model for practical reasoning which is deontological so as to appeal to theists, but is designed not to presuppose any substantive moral commitments, and to accommodate normative and non-normative uncertainty. Then I explain how judgments about what we probably ought to do can be transformed into judgments about what God would probably do. Then I show the usefulness of the procedure by describing how it can help structure discussions in natural theology and a-theology, and how it offers an attractive alternative to ‘skeptical theism’. (shrink)

In his seminal book, The Second-Person Standpoint, Stephen Darwall argues that second-personal reasons can only occur within the realm of practical reason. In order to demonstrate this, Darwall builds on David Velleman’s distinction between substantive and formal aims of thought and action. I show that this distinction shapes Darwall’s conception of the nature of the difference between third-personal and second-personal reasons in such a way that the difference is conceived of as substantive rather than formal. As a (...) consequence, Darwall is left without a satisfactory rendering of both the distinctions between third-and second-personal reasons and the distinction between theoretical and practical reason. Conceiving of these distinctions as formal, however, would open up the possibility of second-personal forms of theoretical reason. (shrink)

Leading accounts of personal autonomy arecontent-neutral:they insist that there are noa prioriconstraints on the content of the desires or values that might motivate an autonomous action. In Gerald Dworkin's provocative words, ‘the autonomous person can be a tyrant or a slave, a saint or sinner, a rugged individualist or champion of fraternity, a leader or follower.’ ‘There is nothing in the idea of autonomy that precludes a person from saying, “I want to be the kind of person who acts (...) at the command of others. I define myself as a slave and endorse those attitudes and preferences. My autonomy consists in being a slave.” ’ John Christman similarly claims that ‘any desire, no matter how evil, self-sacrificing, or slavish it might be’ could be autonomously formed. The same seems to apply to Harry Frankfurt's view, that actions are autonomous if they stem from second-order volitions that reflect what the agent cares about; it puts no constraints on the content of what a person might care about. All of these accounts hold that the mere content of a desire or value is never sufficient to rule out that it might be autonomously acted on by someone. (shrink)

My paper reflects on the debate about reasons for action and action explanations between Wittgensteinian teleological approaches and causalist theories inspired by Davidson. After a brief discussion of similarities and differences in the philosophy of language, I sketch the prehistory and history of the controversy. I show that the conflict between Wittgenstein and Davidson revolves neither around revisionism nor around naturalism. Even in the philosophy of mind and action, Davidson is not as remote from Wittgenstein and his (...) followers as is commonly assumed: there are numerous points of contact of both a biographical and a substantive kind. The real conflict concerns the difference between Davidson’s official subjectivist approach to reasons for action, according to which they are mental states of believing and desiring on the one hand, and an objectivist approach, according to which reasons for action are what is believed or desired, non-mental facts or states of affairs. (shrink)

Leading accounts of personal autonomy are content-neutral: they insist that there are no a priori constraints on the content of the desires or values that might motivate an autonomous action. In Gerald Dworkin's provocative words, ‘the autonomous person can be a tyrant or a slave, a saint or sinner, a rugged individualist or champion of fraternity, a leader or follower.’ ‘There is nothing in the idea of autonomy that precludes a person from saying, “I want to be the kind (...) of person who acts at the command of others. I define myself as a slave and endorse those attitudes and preferences. My autonomy consists in being a slave.” ’ John Christman similarly claims that ‘any desire, no matter how evil, self-sacrificing, or slavish it might be’ could be autonomously formed. The same seems to apply to Harry Frankfurt's view, that actions are autonomous if they stem from second-order volitions that reflect what the agent cares about; it puts no constraints on the content of what a person might care about. All of these accounts hold that the mere content of a desire or value is never sufficient to rule out that it might be autonomously acted on by someone. (shrink)

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to (...) assign liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”. (shrink)

This volume collects the principal works of the late Warren Quinn. The papers cover a broad range of topics and may, for present purposes, be divided three ways, as variously concerning problems of metaethics, of the rationality of morality, and of substantive or practical ethics. I will not discuss Quinn’s great papers on abortion, punishment, double effect, and the distinction between killing and letting die—except to remark that they are united by an underlying anticonsequentialist program. They are, I think, (...) his best-known works. (shrink)

Popper's version of situational analysis, with its focus on the logic of situations and the rationality principle, fails to provide cogent explanations of the human decisions and actions underpinning social phenomena. It so fails because where he demanded objectivism and formalism in the social sciences, his substantive arguments lost contact with the psychological and subjectivist realities of the human realm. But Popper also devised some key elements of a social ontology. It is argued that although there are crucial gaps (...) in his ontology, it can be augmented to give situational analysis the potential to reach beyond pure logic and rationality and to bring social theory closer to grasping the real world of human action. (shrink)

Conceived of as a contender to other theories in substantive ethics, virtue ethics is often associated with, in essence, the following account or criterion of right action: VR: An action A is right for S in circumstances C if and only if a fully virtuous agent would characteristically do A in C. There are serious objections to VR, which take the form of counter-examples. They present us with different scenarios in which less than fully virtuous persons would (...) be acting rightly in doing what no fully virtuous agent would characteristically do in the circumstances. In this paper, various proposals for how to revise VR in order to avoid these counter-examples are considered. I will argue that in so far as the revised accounts really do manage to steer clear of the counter-examples to VR, something which it turns out is not quite true for all of them, they instead fall prey to other damaging objections. I end by discussing the future of virtue ethics, given what has come to light in the previous sections of the paper. In particular, I sketch the outlines of a virtue ethical account of rightness that is structurally different from VR. This account also faces important problems. Still, I suggest that further scrutiny is required before we are in a position to make a definitive decision about its fate. (shrink)

Utilitarianism would allow any degree of inequality whatsoever productive of the greatest happiness of the greatest number. But it does not guide political action, because determining what level of inequality would produce the greatest happiness of the greatest number is opaque due to well-known psychological coordination problems. Does Rawlsian liberalism, as is generally assumed, have some superiority to Utilitarianism in this regard? This paper argues not; for Rawls’s ‘difference principle’ would allow any degree of inequality whatsoever that best raises (...) up the worst off, and similar psychological coordination problems apply. It concludes that Rawlsian liberalism, designed to solve the problem that Utilitarianism will not give us stable rules and will counsel their violation, and giving us in the process a contract and rights within a semi-consequentialist framework, repeats (in the difference principle) that very problem of Utilitarianism. It fails substantively to guide the level of inequalities permitted in such a framework. (shrink)

The work of general practitioners is infused by norms from several movements, of which evidence based medicine, patient-centredness, and virtue ethics are some of the most influential. Their precepts are not clearly reconcilable, and structural factors may limit their application. In this paper, we develop a conceptual framework that explains how GPs respond, across different fields of interaction in their daily work, to the pressure exerted by divergent norms. Data was generated from unstructured interviews with and observations of sixteen Swedish (...) GPs and family medicine residents between 2015 and 2017. Straussian Grounded Theory was used for analysis. We found that GPs’ maxims of action can be characterised in terms of dichotomous responses to demands from four distinct sets of norms, or “voices”: the situation, the self, the system, and the profession. From the interactions between these voices emerge sixteen clusters of maxims of action. Based on the common features of the maxims in each cluster, we have developed a conceptual framework that appears to be rich enough to capture the meaning of the ethical decisions that GPs make in their daily work, yet has a high enough level of abstraction to be helpful when discussing the factors that influence those decisions. Our four-dimensional model of GPs’ responses to norms is a first step toward a middle-range theory of quality from GPs’ perspective. It brings out the complexity of their practice, reveals tensions that easily remain invisible in more concrete accounts of their actions, and aids the transferability of substantive theories on GPs’ ethical decision making. By explaining the nature of the ethical conflicts that they experience, we provide some clues as to why efforts to improve quality by imposing additional norms on GPs may meet with varying degrees of success. (shrink)

The study examines the multifaceted nature of legitimacy in the context of international law, elucidating its paramount importance for the law's authority and its pervasive influence on the applicability of legal norms globally. The pressing relevance of this inquiry emerges from the challenges posed by the application of international law in complex scenarios such as military interventions and global governance, which necessitate a refined comprehension of legitimacy's contours. The research's objective is to dissect the essence, theoretical frameworks, and practical dimensions (...) of legitimacy, thereby elucidating its pivotal role and manifestations within the international legal order. The principal findings underscore that legitimacy in international law transcends mere legal validity, embedding itself within a broader ethical and communicative framework that demands consideration of justice, human rights, and international peace and security. Legitimacy is found to be inherently dynamic, shaped significantly by the interactive processes among global actors and the consensus within the international interpretative community on ethical and legal standards. The study highlights the crucial role of narrative and argumentation in legitimizing or delegitimizing actions under international law, illustrating how perceptions of legitimacy can evolve and influence international legal practices and decisions. The nuanced understanding of legitimacy gleaned from this research contributes to a more precise conceptualization of its role, emphasizing its indispensable function in guiding the application of international law, enhancing global governance, and promoting a more equitable and just international order. (shrink)

Public opinion polls consistently reveal that U.S. society wants three basic characteristics in its healthcare system: (1) convenient access to skilled professionals and quality services for everyone, including primary care and specialty personnel and services especially for the very seriously ill; (2) personal affordability at both levels of service; and (3) happy health professionals. Meeting these three goals simultaneously has proved to be quite challenging. The goal of universal access to basic and specialty services pulls against the goal of affordability. (...) Health professionals caught in the middle of this struggle find that their satisfaction with work conditions suffers as a result. If truth is the first casualty of war, worker and consumer happiness appears to be the first casualty of substantive healthcare reform in the United States. (shrink)

This article examines Montesquieu's concept of natural law and treatment of legal customs in conjunction with his theory of moral psychology. It explores his effort to entwine the rational procedural quality of laws with the substantive principles that sustain them. Montesquieu grounds natural law in the desires of the human being as ‘a feeling creature’, thus establishing the normative force of desire and making right action attractive by engaging the passions rather than subordinating them to reason. As a (...) result, natural law generates both political norms and the motivations that drive political actions. It provides a standard for assessing the ostensibly jumbled multiplicity of legal customs in human societies. And it reminds us that there is more to political theory than the rational justifi-cation of norms, that central to any account of liberal constitutionalism must be an effort to show the attractions – and not only the justice or the rationality – of right action. Key Words: law • Montesquieu • moral psychology • motivation • natural • law • norm justification • passions. (shrink)

This essay defends a realist account of normative reasons for action that can disclaim the need for a realist account of moral value. The account of reasons for action aims to undermine the widely held thought that such reasons must be constituted by, or at least derived from, some of the psychological states of the agent whose reasons they are. On the view defended here, there can be correct moral judgments that capture the reasons there are for acting (...) in certain ways; and the reasons themselves are just some of the morally relevant facts of the situation about which the judgment is made. Establishing such an account relies essentially, I argue, on an appeal to substantive ethical theory, to a theory that allows for the attribution of truth to the practical judgments in question. The account can in fact be equally well supported by ethical theories as otherwise diverse as those of Aristotle and Kant. The resulting account of reasons for action is a version of moral realism, but one that is not committed to defending a realist account of the nature of moral value. (shrink)

In the United States, there has been tremendous growth in a form of third-party litigation financing where investors buy pieces of lawsuits from plaintiffs. Many scholars believe that this new financing helps to balance the risk tolerance of plaintiffs and defendants and thereby facilitates the resolution of litigation in a way that more closely tracks the goals of the substantive law. In this Article, I ask whether these risk-balancing virtues of claim investing carry over into class action cases. (...) This is a question that has not yet been addressed by scholars because many think it is not possible for financiers to buy pieces of class action lawsuits in the United States. But I show that such investments are neither impractical nor unethical; indeed, it appears that they are already here. It is therefore worth considering whether the investments confer the same social benefits they do in other cases. I argue that although class members do not need a risk transfer device in class action cases because they are almost always risk-neutral in light of their small losses, their lawyers do need such a device. Although this does not necessarily mean that claim investing is socially desirable overall in class actions, the social costs that have thus far been identified with claim investing seem modest compared to the benefits. (shrink)

Democratic political theory often sees collective action as the basis for non-coercive social change, assuming that its terms and practices are always self-evident and accessible. But what if we find ourselves in situations where collective action is not immediately available, or even widely intelligible? This book examines one of the most intellectually substantive and influential Chinese thinkers of the early twentieth century, Zhang Shizhao, who insisted that it is individuals who must 'make the political' before social movements (...) or self-aware political communities have materialized. Zhang draws from British liberalism, democratic theory, and late-Imperial Confucianism to formulate new roles for effective individual action on personal, social, and institutional registers. In the process, he offers a vision of community that turns not on spontaneous consent or convergence on a shared goal, but on ongoing acts of exemplariness that inaugurate new, unpredictable contexts for effective personal action. (shrink)

The current spread of democracy has not enabled the poor to use rights to win equity, raising questions about whether the poor and weak can use liberal democratic freedoms to address inequality. An oft-cited model of success, however, is the Treatment Action Campaign ’s campaign to press the South African government into distributing anti-retroviral medication to people living with HIV/aids. This article finds that TAC’s strategy of using the rights and rules of constitutional democracy to win gains may offer (...) an exemplar for forms of collective action which can win substantive equality, but that the model remains of limited application. (shrink)

Offers analysis of MacCormick's positivistic account of legal reasoning, partially in response to Dworkin's claim that positivism is inadequate as a theory of law because it cannot account for the nature of legal reasoning. Having analyzed MacCormick's theory and having applied it to some cases, we are now ready to evaluate it. My conclusion is that inmany cases MacCormick's theory can indeed give the judge the kind of concrete guidance he needs when with a hard case. The reason why MacCormick's (...) theory is successful in this regard is that it offers the judge a reasonably firm ranking of the interpretive arguments, and that it is rather easy to understand and apply. The former circumstance is of course important - unless we rank the interpretive arguments, the theory simply will not be able to give the judge any guid ance at all. But the latter circumstance is also cause itmeans that judges will be able to apply the theory even be though they may lack a deep understanding of the relevant field of substantive law. Judges, as is well known, are usually gen eralists, not experts in any particular field. So unlike Ronald Dworkin's subtle and intriguing theory of adjudication,80 MacCormick's theory might actually be applied by real judges in any jurisdiction. This must be considered quite an advantage. To be sure, applying MacCormick's theory to a concrete case is not always easy. But the difficulties we have encountered in applying the theory have been difficulties that would create problems for any theory of legal reasoning. Moreover, with one these difficulties can be handled within the frame work of the theory as it stands. For example, the problem of choosing between a technical and an ordinary version of plain exception which we encountered in the Boxer case, can in most cases be solved by reference to the value that underlies the textual approach, namely predictability. The problem about intentionalist arguments, which we encountered in the case of the Statutory Share, can be solved by simply adding the cate gory of intentionalist arguments toMacCormick's typology of interpretive arguments, or perhaps by placing intentionalist arguments in the category of textual arguments.81 The problem of linguistic indeterminacy, however, which we encountered in theWeber ase, appears to be more or less impossible to solve. If and to the extent that the words that occur in the statute are vague or ambiguous - in their ordinary or in their technical meaning, or in both - the value of the textual approach is clearly reduced. The judge must then proceed to consider systemic and teleological arguments in that order. (shrink)

In his long attempt to solve the vexing and diverse problems of formulating a critical social science of modern societies, Habermas has along the way borrowed from many and quite diverse theoretical and philosophical resources, including Anglo-American analytic philosophy of language, ethics and political philosophy. Initially, Habermas borrowed extensively from American Pragmatism, first Peirce’s philosophy of inquiry and then later from George Herbert Mead, whose thought his own enterprise most closely resembled. With his increasing concern with the rationality of communication (...) and action, Habermas turned to analytic theories of meaning, or more specifically, to speech act theory and its account of illocutionary force. As one part of a large research program in which various empirical disciplines could be appropriated for normative philosophical purposes, speech act theory and theories of meaning became crucial to reconstructing the competence and rationality that knowledgeable social agents manifest in their everyday activities and interactions. Taken together, these theories provided him with the means to formulate the master distinction on which his account of rationality and the theoretical edifice built upon it stands or falls: the deeply substantive and thus not merely analytic distinction between instrumental and communicative action on which a novel and distinctive theory of rationality could be based. (shrink)

The notions 'worldview' and 'social identity' are examined to consider whether they contribute substantively to causal sequences or networks or thought clusters that result in group acts executed intentionally. ... Three proposed explanaitons of sectarian conflict or ethnic violence are analysed as examples of theories that causally link intenitonal group behaivour to the worldviews and social identities of the individual agents directly involved. But as will be shown, it is not a priori features of worldivews and identities as such, but (...) historically specific facts and contingent circumstances that need to be examined in order to explain group-motivated behaviour. Reference to worldviews and identities detract from adequate explanation. (shrink)