A rich literature examines human rights treaty commitment and compliance. A subset of this literature has begun to examine the international legal actions states make following treaty ratification. I argue that the ways that states legally engage with treaties following commitment to UN human rights treaties is much more nuanced and differentiated than scholars have thus far presented via Reservation, Understanding, and Declaration. I introduce a first descriptive analysis of what I term Post-Commitment Actions to UN human rights treaties and (...) generate varying hypotheses of why different PCAs have different relationships with expected human rights practices. I conduct a preliminary statistical analysis of the effect of PCAs on human rights practices and find that they are varied and important. Some PCAs result in improved human rights, while others result in worse human rights. I conclude by calling for further future study into these treaty actions. (shrink)

Aristotle’s virtue ethics can teach us about the relationship between our habits and our actions. Throughout his works, Aristotle explains much about how one may develop a virtuous character, and little about how one might change from one character type to another. In recent years criminal law has been concerned with the issue of recidivism and how our system might reform the criminals we return to society more effectively. This paper considers how Aristotle might say a vicious person could change (...) and what a penal system could do to facilitate such a transformation. It discusses how previous attempts to rehabilitate criminals may have failed because they do not address habit in the way that Aristotle advocates. This paper concludes that a rehabilitative model that addresses habit more aggressively than previous methods might be required to soften the hardest criminals. (shrink)

Through critical examination of three main contemporary approaches to describing moral responsibility, this book illustrates why philosophers must take into account the relationship between retrospective moral responsibility and desert of praise or blame. The author advances the moral attitude account, whereby desert of praise and blame depends on the agent’s moral attitudes in response to moral reasons, and retrospective moral responsibility results from expressions of those attitudes in overt behavior.

I argue that the two criteria traditionally identified as jointly sufficient for voluntary behavior according to Aristotle require qualification. Without such qualification, they admit troubling exceptions. Through minding these difficult examples, I conclude that a third condition mentioned by Aristotle – the eph' hēmin – is key to qualifying the original two criteria. What is eph' hēmin is that which is efficiently caused by appetite and teleologically caused by reason such that the agent could have, in theory, acted differently. I (...) propose that praise and blame are justified only when 1: the behavior is voluntary and 2: the agent is susceptible to the positive influences of appropriate praise and blame to help form, improve, or strengthen a good character. Through concentrating on the agent's affectability in morally salient situations, we may better understand the qualified criteria's role in voluntary human behavior in general. (shrink)

Aristotle’s virtue ethics can teach us about the relationship between our habits and our actions. Throughout his works, Aristotle explains much about how one may develop a virtuous character, and little about how one might change from one character type to another. In recent years criminal law has been concerned with the issue of recidivism and how our system might reform the criminals we return to society more effectively. This paper considers how Aristotle might say a vicious person could change (...) and what a penal system could do to facilitate such a transformation. It discusses how previous attempts to rehabilitate criminals may have failed because they do not address habit in the way that Aristotle advocates. This paper concludes that a rehabilitative model that addresses habit more aggressively than previous methods might be required to soften the hardest criminals. (shrink)

Moral Psychology: Historical and Contemporary Readings is a much-needed collection of essays on issues of moral psychology. The aim of the book is to present the reader with a comprehensive view of both the history and foundations of moral psychology as well as the discipline's position in academia and its relationship with other disciplines, such as psychology, neuroscience, and evolutionary biology, all of which involve empirical investigation of human capabilities and behavior. This collection is well organized into five distinct parts. (...) Each part has a helpful editorial introduction that not only summarizes the main themes of the debate assigned to that part, but also provides brief summaries of each of the subsequent essays in that section. The selected papers are presented in chronological order, thus illustrating the development of the debate. First, an historical piece of philosophy is presented to demonstrate the original questions of the section's theme. The historical pieces are followed by more-recent articles or selections written by scientists concerning similar topics. Finally, each part concludes with articles written by contemporary moral psychologists. These final articles often make mention of the historical texts or the scientific articles preceding those papers. This dialectic style of presentation successfully gives the reader the context and progression of the debate while still highlighting the "live" questions that are, in a sense, left as an exercise for the reader as well as future academics. (shrink)

Julia Annas' book, Intelligent Virtue, provides the reader a novel account of the nature of virtue, practical reasoning, and flourishing. Throughout the book, Annas presents her account in a gradual manner with each chapter building on the next. Annas periodically presents and argues against potential objections to her view. Suitable for the interested undergraduate non-philosophy major, this book could also serve the curiosities of the most elite professors. While none of the chapters of the book stands well alone, the fluid (...) writing style and helpful examples make the 176-page work an easy read. At the end of each chapter, the reader finds herself happily continuing on to the next. (shrink)

David White’s Myth, Metaphysics and Dialectic in Plato’s Statesman is an ambitious work that aims not only to interpret the message of Plato’s Statesman, but also to situate the dialogue within Plato’s corpus as one that serves as a transition between Plato’s earlier metaphysics and his more mature views in later dialogues such as Philebus and Laws. White makes several adept observations of oddities sprinkled throughout Statesman, and he frequently connects these observations to thoughtful claims concerning possible motivations on the (...) part of Plato as well as possible revelations concerning Platonic metaphysics and philosophy. However, justifiably made inferences are difficult for the reader to discern, as White tends to obfuscate his message with difficult and wordy prose. In addition to these flaws, White makes frequent references to many other Platonic dialogues with little explanation in the way of contextualization. While I find this aspect of White’s thinking to be impressive and indicative of both extensive knowledge and great aptitude for synthesis in thought, readers are warned that novices of Plato scholarship might get lost in the copious references to dialogues beyond those central to the book. That being said, in most respects, White’s interpretation is both sound and refreshing. In my opinion, the virtues of this work heavily outweigh any imperfections. (shrink)

This book provides a contemporary overview of an age-old question in philosophy, namely the connection between intellectual and moral virtues. Ideal for courses in virtue ethics and virtue epistemology, the volume includes coverage of specific topics, such as vice, ignorance, hope, courage, patience, justice and mercy.

Aristotle maintains that vicious people are blameworthy despite their moral ignorance, since becoming vicious was up to them and whatever is up to us we are able to do or not do. However, one’s upbringing shapes one’s moral character. Together, these claims invite an objection I call the horrible childhood challenge. According to this objection, vicious adults who suffered horrible childhoods through which they were taught to adopt bad ends as though they were good should not be held accountable for (...) their vice. Aristotle’s likely answer to this challenge reveals that, for Aristotle, a minimal degree of rationality is necessary for moral responsibility. I argue that, for Aristotle, a vicious agent is responsible for her vice only if 1) she is rational, which implies 2) she grasps a specific basic principle, thus consenting to become a certain kind of person through action. The thoroughly bad who satisfy both claims are moral idiots; those who do not may be blameless brutes. (shrink)

Abstract The infantilization of older adults seems morally deplorable whereas very young children are appropriate recipients of such treatment. Children, we argue, are not mentally capable of acting autonomously and reasoning clearly. However, we have difficulty reconciling this justification with the fact that many of the elders whom we respect are mentally deficient in those very same ways. In this paper, I try to make sense of this asymmetry between our justifications for infantilizing the young and our conviction that our (...) elders ought to be respected. I argue that our intuitions against adult infantilization are non-consequentialist (i.e., deontic). I consider several candidates for the deontic factor that might explain the asymmetry of our judgments and practices. I argue that a very specific kind of dignity (one that is socially constructed and reified) grounds our disparate judgments and treatments of very young and very old persons with similar needs. (shrink)

Plato’s Allegory of the Cave is both a staple in the philosopher’s diet and the lesson that is often difficult to digest. In this paper, I describe one way to teach the Sun, Line, and Cave analogies in reference to students’ personal past experiences. After first learning about Plato’s metaphysics and epistemology through reading Republic VI-VII, students are asked to reflect upon a time in their lives when they emerged from a particular “cave of ignorance.” In reflecting on this experience, (...) students are encouraged to consider how each aspect of the line analogy might be represented in their own experience. Students also consider the epistemological experience turning towards that which is more real. In so doing, students gain a deeper understanding of these lessons by connecting new, abstract, and difficult information to information that is so familiar, it is remembered and not merely imagined. Putting Plato’s theories into the context of their own learning experiences facilitates students’ comprehension of the different levels of being and cognition, their interrelation, and the psychological process of increasing understanding. (shrink)

Ethics is demanding by nature, telling us what we should or should not do. But one ethical theory in particular, utilitarianism, is more demanding than most, and is often criticized as requiring too much of us. Neither utilitarianism nor deontology requires Superman to care about truth, justice, or the American way. It might not be possible for Superman to be supererogatory since very little is above or beyond the call of duty for him, given our incredibly high expectations. Virtue ethics (...) has the best chance to explain how Superman can perform supererogatory acts, since it doesn't focus on good action as such, but rather good character. While people use the name “big blue boy scout” in a derogatory way with Superman, it is a nice way to capture an ethical theory that might grant Superman’s responsibilities while allowing him a chance to live his own life: virtue ethics. (shrink)

In this essay, the general ideas of Peirce’s theories of logic are brought together in an attempt to show how the various aspects of logic were arranged to develop an objective representation of the universal forms of reasoning.

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

Bovine growth hormone is a protein that occurs naturally in cattle. A chain of 190 amino acids, bGH is produced by the pituitary gland and helps to regulate a cow’s lactational cycle; generally speaking and up to a certain point, the more bGH a cow has, the more milk she gives. Using the techniques of genetic engineering, researchers at Monsanto Company have isolated the gene that produces the protein and devised low-cost techniques to manufacture it. Bacteria are placed into fermentation (...) chambers where they multiply rapidly; lab technicians then extract and purify the final product, which is identical to the naturally occurring protein in 189 of the 190 amino acids; and the product is then injected into cows. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should be (...) released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

Agricultural biotechnology refers to a diverse set of industrial techniques used to produce genetically modified foods. Genetically modified (GM) foods are foods manipulated at the molecular level to enhance their value to farmers and consumers. This book is a collection of essays on the ethical dimensions of ag biotech. The essays were written over a dozen years, beginning in 1988. When I began to reflect on the subject, ag biotech was an exotic, untested, technology. Today, in the first year of (...) the millenium, the vast majority of consumers in the United States have taken a bite of the apple. Milk produced by cows injected with a GM protein called recombinant bovine growth hormone (bGH), is found, unlabelled, on grocery shelves throughout the US. In 1999, half of the soybeans and cotton harvested in the US were GM varieties. Billions of dollars of public and private monies are being invested annually in biotech research, and commercial sales now reach into the tens of billions of dollars each year. Whereas ag biotech once promised to change American agriculture, it now is in the process of doing so. (shrink)

In 1973, Richard Sylvan began his seminal essay, "Do We Need a New, an Environmental Ethic?" with these words: "It is increasingly said that ... Western civilization ... stands in need of a new ethic ... setting out people's relations to the natural environment." In the intervening years, it has increasingly been said that Western civilization is in need of ecocentrism, an ethic according to which a thing's value is derived from its contribution to the integrity, stability, and beauty of (...) ecosystems. Do those interested in agricultural ethics need a new, an ecocentric, ethic? I argue that the answer is no. Agriculturalists must look elsewhere for an adequate ethic setting out our relations to the natural environment. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

Not long ago, interreligious conversations were regulated by the ideals of truth, goodness, and beauty. We are suspicious of these noble sounding ideals today. In a world of liberation theology, feminist criticism, and the hermeneutics of suspicion, can there be any new, “postmodern,” rules to govern our religious dialogues? Not able to consult any general theory, or “metanarrative,” in order to provide the answer, I simply tell the story of the only postmodern Catholic I have ever known. On the basis (...) of that experience, I argue that something like the old rules will have to accompany us into the new age. (shrink)

When Francis Bacon declared his intent to torment and interfere with nature, he probably did not envision sickly experimental hogs with human genes. But the Baconian desire to understand nature and place “her” at our command has entrenched itself in our collective psyche, and the bioengineering epoch has enabled us to impose our desires in ways Bacon could not have imagined. In so doing, have we stepped over the bounds of decency?

Environmental ethics consists of a set of competing theories about whether human actions and attitudes to nature are morally right or wrong. Ecocentrists are holists whose theory locates the primary site of value in biological communities or ecosystems and who tend to regard actions interfering with the progress of an ecosystem toward its mature equilibrium state as prima facie wrong. I suggest that this form of ecocentrism may be built on a questionable scientific foundation, organismic ecology, and that a better (...) scientific foundation for environmental ethics may be found in individualistic neo-Darwinian population biology. However, the latter approach probably requires a corresponding shift away from ethical holism and toward approaches locating value primarily in individuals. I call such environmental ethicists ‘extensionists’ and briefly outline an extensionist environmental ethic. (shrink)

I pulled weeds out of half-mile rows of soybeans on grandma and grandpa’s farm long before I heard of the controversy surrounding herbicide resistance and genetic engineering. Twenty years ago, Gordie, Richard, Greg, and I “walked beans,” not knowing that our fists and scythes were not the only means available to Grandpa for killing weeds. We knew little then about uprooting thistles with tractors and discs or about spraying chemicals onto mustard. We knew only that a cool thermos of lemonade (...) and some stem looks from Mom would motivate our troop into action because every good Iowan hated volunteer corn and sunflower shoots. The hatred stemmed as much from the fact that the weeds made a field “look messy from the highway” as from the fact that they cut down yields; Grandma had aesthetic sensibilities as highly developed as any character in Greg Brown’s song. (shrink)

When I wrote “The Case Against bGH” in the late 1980s, I enjoyed eating meat, enjoyed serving it to my family, and believed one could simultaneously defend traditional family farms and the welfare of animals. Shortly after finishing that article, I read again, and more carefully, Tom Regan’s The Case for Animal Rights. 2 Regan’s arguments challenged my presuppositions.

When social issues involve questions as momentous as global survival, ethicists should do more than analyze arguments and formulate principles. They should help us find stories to put our values into practice. In the essays collected here, I have tried to tell my story in the hope that others might find it instructive.

Agricultural biotechnology refers to a diverse set of industrial techniques used to produce genetically modified foods. Genetically modified foods are foods manipulated at the molecular level to enhance their value to farmers and consumers. This book is a collection of essays on the ethical dimensions of ag biotech. The essays were written over a dozen years, beginning in 1988.

I worked for many years constructing my version of the global case but, as I continued to try to strengthen it, I slowly began to lose confidence. My unease began with several personal experiences. One of our children had a common but annoying physical ailment, for which our pediatrician prescribed a very expensive nasal spray. When I inquired about its cost, the pharmacist informed me that it was a new, genetically engineered, product. The spray worked, and Karen and I never (...) batted an eye. (shrink)

Thus the extrinsic argument against ag biotech. In considering whether it is a good argument, I believe we should simply assume that is true. Substantially risky technologies, perhaps by definition, should not be developed. Seeing no reason to contest, therefore, I will focus on.

Erratum to: Int J Semiot Law DOI 10.1007/s11196-014-9376-7Dans la publication originale de cet article, l’auteur n’a pas cité le titre correct de la thèse de philosophie de Stefan Goltzberg.A la dernière phrase du premier paragraphe, il ne faut pas lire «il a écrit une thèse de philosophie intitulé Théorie et histoire de la philosophie du droit, philosophie du droit de Chaïm Perelman, de Theodor Viehweg, de Roscoe Pound» mais bien «il a écrit une thèse de philosophie intitulée Théorie bidimensionnelle de (...) l’argumentation. Définition, Présomption, Argument A fortiori». (shrink)