Of the many ideas for which Ronald Dworkin is justly famous, perhaps the most striking is his idea that the US Constitution is to be read morally. This essay seeks to honor Dworkin’s idea by sketching the beginnings of an alternative approach to reading constitutions morally. It begins by distinguishing between the idea that constitutions of a certain sort are to be read morally and Dworkin’s way of reading a constitution morally. I review some of the well-known difficulties for his (...) approach in order to make clear how an alternative would need to do better. Finally, I sketch a moral learning approach to reading constitutions morally. I argue that concern for constitutional legitimacy, respect for the overriding authority of morality, and humility about our own limitations support an approach to interpreting a constitution that allows for moral learning to be reflected in the law. (shrink)

Proponents of numerous recent theories of a person's good hold that a plausible account of the good for a person must satisfy existence internalism. Yet little direct defense has been given for this position. I argue that the principal intuition behind internalism supports a stronger version of the thesis than it might appear--one that effects a "double link" to motivation. I then identify and develop the main arguments that have been or might be given in support of internalism about a (...) person's good, showing how these arguments support this stronger version of internalism. (shrink)

In our everyday lives, we confront a host of moral issues. Once we have deliberated and formed judgments about what is right or wrong, good or bad, these judgments tend to have a marked hold on us. Although in the end, we do not always behave as we think we ought, our moral judgments typically motivate us, at least to some degree, to act in accordance with them. When philosophers talk about moral motivation, this is the basic phenomenon they seek (...) to understand. Moral motivation is an instance of a more general phenomenon—what we might call normative motivation—for our other normative judgments also typically have some motivating force. When we make the normative judgment that something is good for us, or that we have a reason to act in a particular way, or that a specific course of action is the rational course, we also tend to be moved. Many philosophers have regarded the motivating force of normative judgments as the key feature that marks them as normative, thereby distinguishing them from the many other judgments we make. In contrast to our normative judgments, our mathematical and empirical judgments, for example, seem to have no intrinsic connection to motivation and action. The belief that an antibiotic will cure a specific infection may move an individual to take the antibiotic, if she also believes that she has the infection, and if she either desires to be cured or judges that she ought to treat the infection for her own good. All on its own, however, an empirical belief like this one appears to carry with it no particular motivational impact; a person can judge that an antibiotic will most effectively cure a specific infection without being moved one way or another. (shrink)

This essay explores the nature of narrative representations of individual lives and the connection between these narratives and personal good. It poses the challenge of determining how thinking of our lives in story form contributes distinctively to our good in a way not reducible to other value-conferring features of our lives. Because we can meaningfully talk about our lives going well for us at particular moments even if they fail to go well overall or over time, the essay maintains that (...) our good must consist in something more than an accumulation of good discrete moments. Since persons have the capacities to reason, remember, and imagine, our good depends on a larger view of our lives that integrates its particular moments in a narrative. That narrative provides shape and texture to our lives. Storytelling serves to connect the events of our lives to each other, and to explain why the meaning and value of past events or features of our lives can shift as the life, and hence the story of the life, continues to unfold. The essay concludes that narrative enables us to see our lives in ways that support, encourage, or promote our self-concept and self-worth as agents who have controlling authority over our own lives. (shrink)

The idea that normativity and agency are importantly connected goes back at least as far as Kant. But it has recently become associated with a view called “constitutivism.” Perhaps the best-known critique of constitutivism appears in David Enoch’s article, “Agency, Shmagency,” which is the focus of this chapter. His critique of my article, “Agency and the Open Question Argument,” is briefly addressed, explaining why, contrary to his claims, I do not therein defend a form of constitutivism. It is then explained (...) why his “shmagency challenge” does not effectively expose the real challenge faced by those who might wish to develop constitutivist theories. Finally, the chapter considers why we should take seriously the idea that normativity and agency are importantly connected, an idea that neither Enoch’s challenge nor the challenge articulated for constitutivism here does anything to defeat. Enoch has not shown that normativity won’t come from what is constitutive of agency. (shrink)

In his critique of egoism as a doctrine of ends, G. E. Moore famously challenges the idea that something can be someone. Donald Regan has recently revived and developed the Moorean challenge, making explicit its implications for the very idea of individual welfare. If the Moorean is right, there is no distinct, normative property good for, and so no plausible objectivism about ethics could be welfarist. In this essay, I undertake to address the Moorean challenge, clarifying our theoretical alternatives so (...) that we may better decide what to admit into our moral ontology and better assess what may be at stake in whether objectivists treat good or good for (or neither) as fundamental. I compare the Moorean and welfarist pictures of value, providing an account of the form and function of good for. According to this account expresses a distinct relational value that has its source in the value of persons. Good for value is thus a form of extrinsic value that provides agent-neutral reasons for action, and it plays a pervasive normative role in regulating child rearing, guiding individual life choices, and shaping social policy formation. (shrink)

In this engagingly written book, Colin McGinn advances a number of related theses, most prominent among them, that moral philosophy is in need of new methodologies in order to get at neglected questions about moral character. The methodology McGinn urges involves drawing upon literature for its deep and intricate portrayals of ethical themes. This would seem a natural approach given McGinn’s substantive views about ethics. He contends that our ethical knowledge is aesthetically mediated ; he speculates that the “innateness” of (...) ethics may be “a by-product of our innate grasp of folk psychology” which comes into play when we interpret literature; and he defends an “aesthetic theory of virtue” according to which virtue coincides with beauty of soul. (shrink)

Stephen Darwall has recently suggested (following work by Mark Overvold) that theories which identify a person’s good with her own ranking of concerns do not properly delimit the ‘scope’ of welfare, making self-sacrifice conceptually impossible. But whether a theory of welfare makes self-sacrifice impossible depends on what self-sacrifice is. I offer an alternative analysis to Overvold’s, explaining why self-interest and self-sacrifice need not be opposed, and so why the problems of delimiting the scope of welfare and of allowing for self-sacrifice (...) are distinct. If my analysis is correct, desire theories may allow for self-sacrifice however they delimit the scope of welfare. (shrink)

Stephen Darwall has recently suggested that theories which identify a person's good with her own ranking of concerns do not properly delimit the ‘scope’ of welfare, making self‐sacrifice conceptually impossible. But whether a theory of welfare makes self‐sacrifice impossible depends on what self‐sacrifice is. I offer an alternative analysis to Overvold's, explaining why self‐interest and self‐sacrifice need not be opposed, and so why the problems of delimiting the scope of welfare and of allowing for self‐sacrifice are distinct. If my analysis (...) is correct, desire theories may allow for self‐sacrifice however they delimit the scope of welfare. (shrink)

As persons, beings with a capacity for autonomy, we face a certain practical task in living out our lives. At any given period we find ourselves with many desires or preferences, yet we have limited resources, and so we cannot satisfy them all. Our limited resources include insufficient economic means, of course; few of us have either the funds or the material provisions to obtain or pursue all that we might like. More significantly, though, we are limited to a single (...) life and one of finite duration. We also age, and pursuits that were possible at earlier points within a life may become impossible at later stages; we thus encounter not only an ultimate time limit but episodic limits as well. Because we must live our lives with limited resources—material and temporal—we are pressed to choose among and to order our preferences. Without some selection and ordering, few if any of them would be satisfied, and we would be unable to live lives that are recognizably good at all. Moreover, we would be unable to function well as the autonomous beings that we are. Our practical task then is to form a coherent, stable, and attractive ordering of aims—to develop a conception of our good. (shrink)

This volume contains thirteen new essays covering various issues in value theory. Eight of the essays were presented at a conference by the same name at Bowling Green State University, five others were commissioned. The essays vary in quality, and some of them cover themes developed in previously published work. But overall, each essay provides a carefully argued point of view on an important issue.

In his book, The Solace: Finding Value in Death through Gratitude for Life, Joshua Glasgow recounts his thoughts as he tried to prepare for a conversation about death with his dying mother, whom he hoped to comfort. After rejecting certain possible sources of solace, he argues that our passing away itself has value, which it derives from the meaningfulness of our lives as a whole, and this value can provide the comfort we may seek. I raise a number of difficulties (...) for and questions about Glasgow’s claims, ultimately concluding that even if our passing away had some value, recognizing thiswould add nothing to the solace we may derive from reflecting on the value of our lives themselves. (shrink)

In this essay, I focus on what appear to be Shapiro’s views about the normativity of law, as well as with his surprising claim that law necessarily has a moral aim. I argue that even if Shapiro offers a more compelling reply to the problem of the normativity of law than Hart offers in The Concept of Law, the moves that he makes appear to be equally available to a defender of Hart’s theory, and so in this respect, the planning (...) theory has no particular advantage over the practice theory. As for the Moral Aim Thesis, it appears to be in tension with Shapiro’s positivism. If he is right that law has a moral aim and law claims moral legitimacy, then he should embrace a richer account of the nature and normativity of law than the one that he has offered. (shrink)

Book Information Moral Realism: A Defence. Moral Realism:\nA Defence Russ Shafer-Landau , Oxford : Clarendon Press ,\n2003 , x + 322 , {Â}\textsterling35 ( cloth ) By Russ\nShafer-Landau. Clarendon Press. Oxford. Pp. x + 322.\n{Â}\textsterling35 (cloth:).

Sandplay is one of the fastest growing therapies. What are its origins, who were it pioneers, and how have they influenced the current practice of sandplay? What does the future hold? Rie Rogers Mitchell and Harriet S. Friedman have written a unique book that answers all these questions and many more. They give an overview of the historical origins of sandplay, including biographical profiles of the innovators together with discussions of their seminal writings. The five main therapeutic trends are (...) explored, and in a final chapter the future of sandplay is discussed through addressing emerging issues and concerns. A special feature is a comprehensive international bibliography as well as a listing of sandtray videotapes and audiotapes. (shrink)

_Supervision of Sandplay Therapy_, the first book on this subject, is an internationally-based volume that describes the state of the art in supervision of sandplay therapy. Recognizing that practitioners are eager to incorporate sandplay therapy into their practice, Harriet Friedman and Rie Rogers Mitchell respond to the need for new information, and successfully translate the theories of sandplay therapy into supervision practice. The book provides a meaningful connection and balance between theoretical principles, practical application, and ongoing therapeutic encounter involved (...) in sandplay. Divided into six sections, contributors cover: original supervision models contemporary supervision models special challenges in supervision international sandplay supervision supervision of special groups connections with other arts therapies. _Supervision of Sandplay Therapy _expands the vision of what is possible in supervision and will be vital reading for those studying supervision and sandplay therapy, as well as for those wanting to provide a depth-oriented approach during supervision. (shrink)

John Searle's Speech Acts made a highly original contribution to work in the philosophy of language. Expression and Meaning is a direct successor, concerned to develop and refine the account presented in Searle's earlier work, and to extend its application to other modes of discourse such as metaphor, fiction, reference, and indirect speech arts. Searle also presents a rational taxonomy of types of speech acts and explores the relation between the meanings of sentences and the contexts of their utterance. The (...) book points forward to a larger theme implicit in these problems - the basis certain features of speech have in the intentionality of mind, and even more generally, the relation of the philosophy of language to the philosophy of mind. (shrink)

John Searle's Speech Acts made a highly original contribution to work in the philosophy of language. Expression and Meaning is a direct successor, concerned to develop and refine the account presented in Searle's earlier work, and to extend its application to other modes of discourse such as metaphor, fiction, reference, and indirect speech arts. Searle also presents a rational taxonomy of types of speech acts and explores the relation between the meanings of sentences and the contexts of their utterance. The (...) book points forward to a larger theme implicit in these problems - the basis certain features of speech have in the intentionality of mind, and even more generally, the relation of the philosophy of language to the philosophy of mind. (shrink)

Several foundational documents of bioethics mention the special obligation researchers have to vulnerable research participants. However, the treatment of vulnerability offered by these documents often relies on enumeration of vulnerable groups rather than an analysis of the features that make such groups vulnerable. Recent attempts in the scholarly literature to lend philosophical weight to the concept of vulnerability are offered by Luna and Hurst. Luna suggests that vulnerability is irreducibly contextual and that Institutional Review Boards (Research Ethics Committees) can only (...) identify vulnerable participants by carefully examining the details of the proposed research. Hurst, in contrast, defines the vulnerable as those especially at risk of incurring the wrongs to which all research ethics participants are exposed. We offer a more substantive conception of vulnerability than Luna but one that gives rise to a different rubric of responsibilities from Hurst's. While we understand vulnerability to be an ontological condition of human existence, in the context of research ethics, we take the vulnerable to be research subjects who are especially prone to harm or exploitation. Our analysis rests on developing a typology of sources of vulnerability and showing how distinct sources generate distinct obligations on the part of the researcher. Our account emphasizes that the researcher's first obligation is not to make the research participant even more vulnerable than they already are. To illustrate our framework, we consider two cases: that of a vulnerable population involved in international research and that of a domestic population of people with diminished capacity. (shrink)

Patient visits are an important opportunity for general practitioners to discuss the risks of smoking and cessation strategies. In Australia, the guidelines on cessation published by the Royal Australian College of General Practitioners represent a key resource for GPs in this regard. The predominant message of the Guidelines is that pharmacotherapy should be recommended as first-line therapy for smokers expressing an interest in quitting. This, however, ignores established evidence about the success of unassisted quitting. Our analysis of the Guidelines identifies (...) a number of potential conflicts of interest which may have affected the advice provided. These include extensive funding by the pharmaceutical industry of sources cited to support the recommendations, and relations between members of the Guidelines Content Advisory Group and the pharmaceutical industry. Recommendations issued by professional bodies have enormous potential impact upon public health and there is a need for the highest levels of scrutiny and transparency in their development. Information about research cited in guidelines should include funding sources, and developers should be free of obvious conflicts of interest. Smoking remains the leading preventable cause of global mortality. Concerns related to pharmaceutical industry funding of research, scientific integrity and recommendations on smoking cessation by medical advisory groups clearly have implications beyond Australia. (shrink)

Human uterus transplantation is currently under investigation as a treatment for uterine infertility. Without a uterus transplant, the options available to women with uterine infertility are adoption or surrogacy; only the latter has the potential for a genetically related child. UTx will offer recipients the chance of having their own pregnancy. This procedure occurs at the intersection of two ethically contentious areas: assisted reproductive technologies and organ transplantation. In relation to organ transplantation, UTx lies with composite tissue transplants such as (...) face and limb grafts, and shares some of the ethical concerns raised by these non-life saving procedures. In relation to ART, UTx represents one more avenue by which a woman may seek to meet her reproductive goals, and as with other ART procedures, raises questions about the limits of reproductive autonomy. This paper explores the ethical issues raised by UTx with a focus on the potential gap between women's desires and aspirations about pregnancy and the likely functional outcomes of successful UTx. (shrink)