A central question in contemporary ethics and political philosophy concerns which entities have moral status. In this article, I provide a detailed analysis of the view that moral status comes in degrees. I argue that degrees of moral status can be specified along two dimensions: (i) the weight of the reason to protect an entity’s morally significant rights and interests; and/or (ii) the rights and interests that are considered morally significant. And I explore some of the complexities (...) that arise when we link degrees of moral status to the weight of reasons to protect bundles and/or the content and size of these bundles, in particular regarding the attribution of moral status to nonparadigmatic entities (e.g. people with severe cognitive disabilities, children, embryos and foetuses, robots, non-human animals, ecosystems, and rivers). (shrink)

This article questions the traditional view that moral rightness and wrongness are discrete predicates with sharp boundaries. I contend that moral rightness and wrongness come in degrees: Some acts are somewhat rightandsomewhat wrong. My argument is based on the assumption that meaning tracks use. If an overwhelming majority of competent language users frequently say that some acts are a bit right and a bit wrong, this indicates that rightness and wrongnessaregradable concepts. To support the empirical (...) part of the argument I use the tools of experimental philosophy. Results from three surveys (n= 715, 578, and 182) indicate that respondents userightandwrongas gradable terms to approximately the same extent as color terms, meaning that rightness and wrongness come in degrees roughly as much as colors do. In the largest study, only 4 percent persistently usedrightandwrongas non-gradable terms. (shrink)

One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue for the view (...) that regards the right to healthcare as fundamentally moral in kind, which should thereby guide its legal and contractual appropriations. In particular, we respond to objections against this view stemming from issues concerning the universality and satisfiability of the right’s correlative duty. We deal with such issues by invoking the relative degree of incumbency of moral rights and the capability-relativity of positive duties. We further contend that as these factors define the scope of the moral right to healthcare, they thus constrain what we can demand as a matter of right to meet our healthcare needs in this time of the pandemic. (shrink)

In his recent book, The Dimensions of Consequentialism, Martin Peterson puts forward a new version of consequentialism that he dubs ‘multidimensional consequentialism’. The defining thesis of the new theory is that there are irreducible moral aspects that jointly determine the deontic status of an act. In defending his particular version of multidimensional consequentialism, Peterson advocates the thesis—he calls it DEGREE—that if two or more moral aspects clash, the act under consideration is right to some non-extreme degree. (...) This goes against the orthodoxy according to which—Peterson calls this RESOLUTION—each act is always either entirely right or entirely wrong. The argument against RESOLUTION appeals to the existence of so-called deontic leaps: the idea is that endorsing RESOLUTION would not give each relevant moral aspect its due in the final analysis. Our paper argues that, contrary to Peterson, all moral aspects remain visible in what can properly be called the final analysis of a moral theory that involves RESOLUTION, moral aspects do not have to remain visible in judgements of all-things-considered rightness or wrongness, respectively, introduction of what Peterson calls verdictive reasons does not change the overall picture in favour of DEGREE. We conclude that multi-dimensional consequentialists should accept RESOLUTION rather than DEGREE. (shrink)

It’s often assumed that if white people have a sexual preference for other white people, they, when using intimate dating platforms, have the right to skip over the profiles of Black people. As some argue, we have the right to act on our sexual preferences, including racialized sexual preferences, because doing so isn’t harmful, and even if it were harmful, this wouldn’t matter because either our “right” to act on our sexual preferences outweighs the harm and/or we cannot even control (...) our sexual preferences. Against this view, I argue that (1) when white people act on anti-Black sexual preferences, white people harm Black people insofar as they reduce their objective welfare level, and (2) we can in fact, to some degree, control our racialized sexual preferences. Moreover, I argue that because white people who engage in racialized sexual discrimination against Blacks disrespect and demean Black people and we don’t have any kind of right to disrespect and demean persons, white people don’t have even a prima facie right to act on anti-Black sexual preferences. Indeed, white racialized sexual discrimination against Black people is always deeply wrong, not only because it wrongs Black people, but it also wrongs the discriminators themselves. (shrink)

Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of (...) moral consideration to some intelligent social robots: it sketches a novel argument for moral consideration based on social relations. It is shown that to further develop this argument we need to revise our existing ontological and social-political frameworks. It is suggested that we need a social ecology, which may be developed by engaging with Western ecology and Eastern worldviews. Although this relational turn raises many difficult issues and requires more work, this paper provides a rough outline of an alternative approach to moral consideration that can assist us in shaping our relations to intelligent robots and, by extension, to all artificial and biological entities that appear to us as more than instruments for our human purposes. (shrink)

Medical populism, as a political style of handling the challenges of a public health crisis, has primarily been analyzed in terms of its influence on the efficacy of governmental efforts to meet the challenges of the current pandemic (such as those related to testing, vaccination, and community restrictions). As these efforts have moral consequences (they, for instance, will affect people’s wellbeing and may lead to suffering, loss of opportunities, and unfair distributions), an analysis of the ethics of medical populism (...) is much needed. In this essay, we address the need to analyze the moral dimension of medical populism by relating it to issues in healthcare ethics. Specifically, we identify the moral significance of medical populism by demonstrating how it contributes to the failure of governments to discharge their moral duty to provide for the healthcare needs of their people, and, correlatively, to the violation of the people’s moral right to healthcare. We argue that with medical populism, governments tend to mishandle the constraints that would morally justify their shortcomings in fulfilling such duty. We identify such constraints as mainly referring to the governments’ given (economic and institutional) capacities and the relative degree of incumbency of their competing duties. (shrink)

Consciousness and confidence seem intimately related. Accordingly, some researchers use confidence ratings as a measure of, or proxy for, consciousness. Rosenthal discusses the potential connections between the two, and rejects confidence as a valid measure of consciousness. He argues that there are better alternatives to get at conscious experiences such as direct subjective reports of awareness (i.e. subjects’ reports of perceiving something or of the degree of visibility of a stimulus). In this chapter, we offer a different perspective. Confidence (...) ratings in general, and metacognitive measures in particular, may offer important advantages over subjective ratings. The arguments we offer here are supported by empirical, practical and socio-strategic considerations. However, we do not suggest consciousness and confidence are interchangeable. We recognize the limitations of confidence ratings in some experimental designs and for some research questions. Nevertheless, we also address a potential conceptual link between consciousness and confidence that stems from Rosenthal’s very own work on mental quality space theory. (shrink)

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (shrink)

This article discusses what is involved in having full moral status, as opposed to a lesser degree of moral status and surveys different views of the grounds of moral status as well as the arguments for attributing a particular degree of moral status on the basis of those grounds.

Our pains can be more or less intense, our mental imagery can be more or less vivid, our perceptual experiences can be more or less striking. These degrees of intensity of conscious experiences are all manifestations of a phenomenal property I call mental strength. In this article, I argue that mental strength is a domain-general phenomenal magnitude; in other words, it is a phenomenal quantity shared by all conscious experiences that explains their degree of felt intensity. Mental strength has (...) been largely overlooked in favor of mental states’ type, representational contents, domain-specific phenomenology, or processes such as attention. Considering mental strength in our reflections about the mind illuminates debates about the relation of representational contents and phenomenal character, and it also helps address questions about the structure and functions of consciousness. Mental strength provides a unifying construct to model what is shared in the phenomenology of different types of conscious experiences. (shrink)

Martin Peterson argues for two interesting and appealing claims: multi-dimensionalism and degrees of rightness. Multi-dimensionalism is the view that more than one factor determines whether an act is right. According to Peterson’s multi-dimensionalism, these factors are not simply ways of achieving some greater aggregate good. Degrees of rightness is the view that some actions are more wrong or less right than others without being entirely wrong. It is of course, compatible with this, that some actions are right or (...) wrong to a maximal degree, or entirely right or wrong. Multi-dimensionalism and degrees are taken to be intertwined. On Peterson’s view, if there were only one dimension, we wouldn’t need degrees; where only one dimension applies, an act is entirely right or entirely wrong. Peterson claims that degrees of rightness or wrongness arise only because there are multi-dimensions, and that an act cannot be entirely right if it is wrong on some dimension. I shall argue against both of these claims. (shrink)

Sometimes people wonder why we should look at the morality of property at all. Property rights are taken to be legal constructs. Their validity rests, as Hume suggested, on their utility. In this context it makes little sense to focus on the specific provisions of property law and ask about their moral foundation. What has a foundation in morality is the whole system of property itself: laws, distributions, expectations, conventions. And the general usefulness of this arrangement is so large (...) a question, so fraught with uncertainty, that it is almost beyond serious discussion. (shrink)

One major objection to social rights is a failure of determining which precise social and economic claims should be granted rights status. The social rights debate has grappled with this ‘indeterminacy problem’ for quite some time, and a number of proposals have emerged aimed at fixing the content of these rights. In what follows I examine three distinct approaches to fleshing out the idea of a minimum threshold: social rights as the fulfilment of basic needs, social rights as the securing (...) of a minimally decent life and social rights as a requirement of citizenship. Each of these proposals progressively expands on what the minimum threshold of social rights requires and, conversely, what obligations they generate on part of the state. I will show that none of these approaches is entirely satisfactory and suggest that the social rights debate look elsewhere to determine its content. (shrink)

The moral status of animals is a subject of controversy both within and beyond academic philosophy, especially regarding the question of whether and when it is ethical to eat meat. A commitment to animal rights and related notions of animal protection is often thought to entail a plant-based diet, but recent philosophical work challenges this view by arguing that, even if animals warrant a high degree of moral standing, we are permitted - or even obliged - to (...) eat meat. Andy Lamey provides critical analysis of past and present dialogues surrounding animal rights, discussing topics including plant agriculture, animal cognition, and in vitro meat. He documents the trend toward a new kind of omnivorism that justifies meat-eating within a framework of animal protection, and evaluates for the first time which forms of this new omnivorism can be ethically justified, providing crucial guidance for philosophers as well as researchers in culture and agriculture. (shrink)

This paper offers an alternate explanation of cases from the doxastic wronging literature. These cases violate what I call the degree of inquiry right—a novel account of zetetic obligations to inquire when interests are at stake. The degree of inquiry right is a moral right against other epistemic agents to inquire to a certain threshold when a belief undermines one’s interests. Thus, the agents are sometimes obligated to leave inquiry open. I argue that we have relevant interests (...) in reputation, relationships, and the well-being of our social groups. These interests generate obligations against others to “do their homework” before closing inquiry. This alternate account makes better sense of puzzles that accounts of doxastic wronging fall prey to. (shrink)

I argue that the personhood of a fetus is analogous to the the heap. If this is correct, then the moral status or intrinsic value of a fetus would be supervenient upon the fetus's biological development. Yet to compare its claim vis-a-vis its mother's, we need to consider not only their moral status, but also the type of claim they each have. Thus we have to give weight to the two factors or variables of the mother's moral (...) status and her claim to some lesser good . And then we have to consider the fetus's lesser moral status and its claim to some greater good, namely, life. I argue that we do not know how to compare these two-variable claims. This also explains why the central cases of abortion have been so difficult to resolve. I suggest that the problem of animal rights has a similar structure. (shrink)

In this paper, I appeal to two aspects of Immanuel Kant’s philosophy – his metaphysics and ethics – in defense of abortion rights. Many Kantian pro-life philosophers argue that Kant’s second principle formulation of the categorical imperative, which proscribes treating persons as mere means, applies to human embryos and fetuses. Kant is clear, however, that he means his imperatives to apply to persons, individuals of a rational nature. It is important to determine, therefore, whether there is anything in Kant’s philosophy (...) that permits regarding embryos and fetuses as persons, since they lack the capacity for sentience (at least until mid-gestation), let alone rational thought. In the first part of the paper, I will illustrate why there are difficulties maintaining, from a Kantian perspective, that conception marks the genesis of a new person. Even granting that embryos and fetuses are persons, however, this alone would not entail the moral impermissibility of abortion rights, mainly because prohibiting abortion, and compelling women to gestate, violates the formula of humanity against them. Developing this thesis encompasses the second part of my essay. Finally, although I argue that Kant’s philosophy lends strong support to abortion rights, this does not thereby entail that it allows for the complete dehumanization of the human fetus. By appealing to the writings of Kantian scholar Allen Wood, I will argue that a fetus’ status as a potential person does render it worthy of some degree of respect and moral value. (shrink)

Introspection is a fundamental part of our mental lives. Nevertheless, its reliability and its underlying cognitive architecture have been widely disputed. Here, I propose a principled way to model introspection. By using time-tested principles from signal detection theory (SDT) and extrapolating them from perception to introspection, I offer a new framework for an introspective signal detection theory (iSDT). In SDT, the reliability of perceptual judgments is a function of the strength of an internal perceptual response (signal- to-noise ratio) which is, (...) to a large extent, driven by the intensity of the stimulus. In parallel to perception, iSDT models the reliability of introspective judgments as a function of the strength of an internal introspective response (signal-to-noise ratio) which is, to a large extent, driven by the intensity of conscious experiences. Thus, by modelling introspection after perception, iSDT can calibrate introspection’s reliability across a whole range of contexts. iSDT offers a novel, illuminating way of thinking about introspection and the cognitive processes that support it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 (...) : 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

Small-group discussion and documentation between three students that explains their opinion on “what is a right” and the foundation and process of their thinking.

Small-group discussion and documentation between three students that explains their opinion on “what is a right” and the foundation and process of their thinking.

Small-group discussion and documentation between three students that explains their opinion on “what is a right” and the foundation and process of their thinking.

Small-group discussion and documentation between three students that explains their opinion on “what is a right” and the foundation and process of their thinking.

The purpose of this essay is to study the problem of inherent obscurity of the criterion for maximal utility in utilitarianism. For the sake of convenience of analysis, situations of moral actions are classified into four categories. It is shown that morality is flexible, especially in the positive sense, in that a virtuous action can be taken in various ways and/or to various degrees. For some situations it is inherently unclear what the moral requirement is, and whether it (...) is a maximum or a minimum. It is concluded that the schism of the principle of utility between the principle of the good and the principle of the right seems to be inevitable, and the interpretation of the ultimate criterion for maximal utility should be relaxed or interpreted separately and differently according to the situation of action. (shrink)

The purpose of this essay is to study the problem of inherent obscurity of the criterion for maximal utility in utilitarianism. For the sake of convenience of analysis, situations of moral actions are classified into four categories. It is shown that morality is flexible, especially in the positive sense, in that a virtuous action can be taken in various ways and/or to various degrees. For some situations it is inherently unclear what the moral requirement is, and whether it (...) is a maximum or a minimum. It is concluded that the schism of the principle of utility between the principle of the good and the principle of the right seems to be inevitable, and the interpretation of the ultimate criterion for maximal utility should be relaxed or interpreted separately and differently according to the situation of action. (shrink)

This work describes the perceptions that Industrial Engineering students have regarding Colombian firms’ corporate social responsibility (CSR) practices. It also explores the incidence of gender, academic level, work experience and entrepreneurial intention on students’ vision. A survey with 70 CSR practices was designed based on previous research. Practices were grouped in ten dimensions: shareholders, customers, employees, suppliers, stakeholders, ethics, environment, legal, human rights and society. A representative sample of 142 students was used. Results show that students perceive a higher commitment (...) of Colombian companies with the shareholders dimension, while a lower with the society, ethics and environmental CSR practices. Work experience and entrepreneurial intention are the only variables affecting the identified perceptions. Thus, as they gain experience, their perceptions become more favorable. On the other hand, potential entrepreneurs have a more critical view on the companies’ commitment. Additionally, the fact that the academic level does not impact students’ perceptions constitutes a challenge for the academic program, since it is expected that this will affect the vision of future engineers. This is the first study that evaluates perceptions of Industrial Engineering students, who, given their object of study, will be responsible for designing and managing production processes in organizations of the future. Results respond to a specific context (students at a Colombian public university), therefore further research to explore the subject is recommended. (shrink)

In this article I provide and defend a solution to the problem of moral luck. The problem of moral luck is that there is a set of three theses about luck and moral blameworthiness each of which is at least prima facie plausible, but that, it seems, cannot all be true. The theses are that (1) one cannot be blamed for what happens beyond one’s control, (2) that which is due to luck is beyond one’s control, and (...) (3) we rightly blame each other for events that are due to luck. I suggest that the response which distinguishes between degree and scope of blameworthiness is promising. The main objection that one might level against this approach is that it seems to lead to the absurd conclusion that we, in the actual world, are as blameworthy as the person we could have been and who performs all sorts of heinous acts in a far away possible world. For, we in the actual world and our counterpart in a far away possible world are both such that we would perform certain heinous acts in particular circumstances. I argue that this objection can be met, namely by paying attention to the nature of luck. By using the insights into the nature of luck that have been gained by epistemologists, we can solve the problem of luck as it has been formulated by ethicists. For, epistemologists have argued that some event is due to luck only if it fails to occur in a substantial number of nearby possible worlds. I defend this account of luck and argue that the problem of moral luck can be solved if we pay attention to the nature of luck. I, therefore, call my solution to the problem of moral luck a modal solution. (shrink)

Broadly speaking, an entity has moral status if and only if it or its interest matters morally for its own sake. Some philosophers, who think of moral status in terms of duties and rights owed to an entity, allow that moral status can come in degrees, with only some beings having status of the highest degree – that is, full moral status (FMS). We critically review the competing accounts of what qualifies one for FMS. Some (...) accounts demand cognitive sophistication, which excludes many children, while others are inclusive of children but fail by (a) putting children morally on a par with most animals (experiencing subject of a life), (b) invoking criteria of dubious moral relevance (potentiality, membership in a biological species), or (c) not securing impartial moral status (special relationships). We end with our own account, which attempts to rectify such problems, addressing specifically the moral status of children. (shrink)

Claims concerning the death of the nation-state are often accompanied by postnationalist arguments that emphasize the potential of human rights to contest nation-bounded conceptualizations of membership. Conversely, arguments focusing on the continuing importance of state-bounded social citizenship rights undermine such postnationalist claims. To assess these claims, this article turns to the Irish state and its prohibition of abortion except in cases where the life of the pregnant woman is in danger. The authors focus their analysis on four legal cases that (...) unfolded between 1992 and 2010. These cases reflect how specific women’s social location within interconnected power hierarchies of nationality, gender, class, race/ethnicity positioned them differently vis-a-vis the Irish state, international and supranational bodies. Furthermore, the transnational, in the form of immigration, non-governmental organizations and the Catholic Church, plays an important role in structuring the context within which these cases unfold. Rather than showing that the international, supranational and transnational are conduits for the declining power of the nation-state, this article finds that in the increasingly dense legal-political field there is room for all of these forces. (shrink)

This study compares the neural substrate of moral decision making processes between Korean and American participants. By comparison with Americans, Korean participants showed increased activity in the right putamen associated with socio-intuitive processes and right superior frontal gyrus associated with cognitive control processes under a moral-personal condition, and in the right postcentral sulcus associated with mental calculation in familiar contexts under a moral-impersonal condition. On the other hand, American participants showed a significantly higher degree of activity (...) in the bilateral anterior cingulate cortex (ACC) associated with conflict resolution under the moral-personal condition, and in the right medial frontal gyrus (MFG) associated with simple cognitive branching in non-familiar contexts under the moral-impersonal condition when a more lenient threshold was applied, than Korean participants. These findings support the ideas of the interactions between the cultural background, education, and brain development, proposed in the field of cultural psychology and educational psychology. The study introduces educational implications relevant to moral psychologists and educators. (shrink)

A common intuition is that the more difficult it is for someone to do the right thing, the more praiseworthy she is for succeeding and the less blameworthy she is for failing. Here, I call this the ‘Difficulty Thesis’ and argue that the Difficulty Thesis is false. In Section 2, I briefly describe what I mean by ‘difficulty’ and the Difficulty Thesis. The Difficulty Thesis has strong prima facie appeal, however, why exactly difficulty is morally relevant remains an open and (...) interesting philosophical question. I discuss this briefly in Section 3. Then, in Section 4, I argue that the Difficulty Thesis is in fact false. That is, difficulty is not relevant to degrees of praise- and blameworthiness. In Section 5, I offer several explanations for why many are fooled by the illusion of relevance of Difficulty. I argue that difficulty is, at best, an imperfect heuristic with regard to evaluations of praise- and blameworthiness. I also argue that while difficulty is not relevant to praiseworthiness and blameworthiness, difficulty is relevant to practices of praise and blame. I conclude, then, that the Difficulty Thesis ought to be rejected. (shrink)

El presente trabajo investiga las tesis sobre el poder civil de Alonso de la Veracruz que buscan incorporar en la comunidad política española a los habitantes autóctonos del Nuevo Mundo, tesis que suelen relacionarse con F. de Vitoria y el tomismo español, y que últimamente son consideradas parte del republicanismo novohispano elaborado desde la periferia americana. Se busca demostrar que su propósito era aplicar una teoría de derechos naturales, sin que ello implique participación política de los indios americanos. Se analiza (...) la postura del fraile frente a la diversidad cultural y la guerra contra los indios. The paper explores Alonso de la Veracruz's theses on civil power, which sought to integrate the native inhabitants of the New World into the Spanish political community. These theses, which have usually been associated with F. de Vitoria and Spanish Thomism, have recently come to be considered part of a Novohispanic republicanism developed in the American periphery. The article seeks to show that the purpose of such theses was to apply a theory of natural rights that did not entail the political participation of the indigenous population, as well as to analyze Veracruz's position regarding cultural diversity and the war against the indigenous peoples. (shrink)

The judiciary is a key policy actor that is involved in deciding health rights and policy by intervening in the policy process through a variety of judicial mechanisms, yet the appropriate extent of its involvement remains contentious. Taking the competence objection seriously requires understanding it as an epistemic problem about how courts assess empirical and scientific evidence in order to competently adjudicate controversial health claims. This paper examines recent advances in social epistemology to develop insights for the epistemic competence of (...) the judiciary from a system‐oriented approach. I outline three epistemic features that set the judiciary and the judicial decision‐making process apart from other types of decision‐makers in health policy: the distribution of epistemic power, the epistemic authority of a justified believer, and the principle of disinterestedness. Finally, I relate these insights back to the judicial decision‐making process with a specific focus on recent court decisions in health rights and health policy in Chile. (shrink)

The problem of ontological determination of the historical being, inHeidegger’s words, can´t be developed in the historiografic ground as anhistorical science; further, the right conceptualization of epistemologicalproblems about historiografy, mains depends on a previous resolution of thehistorical..

Politics is about managing conflict, about how we should live together. Many traditions of thought and political thinkers have nonetheless taken this shared space of conflict, this we the people, as a given. The people is considered as a necessary precondition for politics. What happens when a part of this we disagrees with that? When, for some, this shared community is not taken as a given and claim their right to secede and build their own independent political community. Such claims (...) bear on the fundamental questions: who is the “ demos ”? who are the people entitled to self-government?’. (shrink)

Alastair Norcross argues that the basic judgments of morality are essentially comparative: alternatives are judged to be better or worse than each other. Notions such as right and wrong are not part of the fundamental subject matter of moral theory, but are constructed in a context-relative fashion out of the basic comparative judgments.

A basic income is typically defined as an individual’s entitlement to receive a regular payment as a right, independent of other sources of income, employment or willingness to work, or living situation. In this article, we examine what it means for the state to institute a right to basic income. The normative literature on basic income has developed numerous arguments in support of basic income as an inextricable component of a just social order, but there exists little analysis about basic (...) income within a jurisprudential or philosophical rights perspective. In our view, strong reasons of either a principled or a pragmatic nature in support of instituting a basic income scheme nevertheless often fall short of ascribing to basic income a distinctive Hohfeldian rights status. This article aims to partially redress this gap by examining two sets of questions. First, what are the implications – ethical and practical – of adopting basic income as a legal right as opposed to a mere policy? Second, we also enquire whether there should be such a right: what, if anything, is the ethical foundation that warrants granting basic income a distinctive legal rights status? This article suggests that any such foundation must be grounded in comparative evaluation and discusses several comparative strategies available to basic income advocates. The aim of this article is not to offer a definite argument in favor of a legal right to basic income, but to chart several lines of argument that a rights perspective might add to the contemporary discussion. (shrink)

In everyday life, we assume that there are degrees of blameworthiness and praiseworthiness. Yet the debate about the nature of moral responsibility often focuses on the “yes or no” question of whether indeterminism is required for moral responsibility, while questions about what accounts for more or less blameworthiness or praiseworthiness are underexplored. In this paper, I defend the idea that degrees of blameworthiness and praiseworthiness can depend in part on degrees of difficulty and degrees of sacrifice required for (...) performing the action in question. Then I turn to the question of how existing accounts of the nature of moral responsibility might be seen to accommodate these facts. In each case of prominent compatibilist and incompatibilist accounts that I consider, I argue that supplementation with added dimensions is required in order to account for facts about degrees of blameworthiness and praiseworthiness. For example, I argue that the reasons-responsiveness view of Fischer and Ravizza requires supplementation that takes us beyond even fine-grained measures of degrees of reasons-responsiveness in order to capture facts about degrees of difficulty to extend the reasons-responsiveness view by appealing to such measures). I conclude by showing that once we recognize the need for these additional parameters, we will be in a position to explain away at least some of the appeal of incompatibilist accounts of moral responsibility. (shrink)

To provide a theoretical basis for the common view that moral status comes in degrees, many philosophers endorse ‘two-factor’ accounts of the foundations of moral status. These accounts postulate one or more properties which endow individuals with moral status, and one or more other properties which increase the moral status of those who possess them. Critical assessment of two-factor accounts has focused on their implications, especially for humans who lack the properties thought to increase individuals’ (...) class='Hi'>moral status. Unfortunately, this approach has led to an impasse. To try to break it, the present manuscript instead assesses the assumption on which two-factor accounts are based, namely, possession of one or more properties, what I call ‘moral status enhancing’ properties, increases their possessors’ moral status. I argue that two challenges, the problem of relevance and the need for a threshold, reveal that there are no moral status enhancing properties, hence, no degrees of moral status among those who matter morally. (shrink)

Moral theory is no substitute for virtue, but virtue is no substitute for moral theory. Many critics of moral theory, with Richard Posner being one prominent recent example, complain that moral theory is too abstract, that it cannot generally be used to derive particular rights and wrongs, and that it does not improve people's characters. Posner complains that it is thus of no use to legal theorists. This article defends moral theory, and to some (...) class='Hi'>degree, philosophical inquiry in general, against such pragmatic complaints. I argue that the primary goal of moral theorizing is not pragmatic, but theoretical. Moral theory aims at explanation, at answering certain kinds of questions about morality. Moral theory is meant to deepen our insight into morality but, to count as deepening our insight, it need not provide a formula for calculating what to do in a particular circumstance, nor must it make us more virtuous. I provide an account of the scope and nature of explanation provided by moral theory as well as an account of why such explanations can be worth having, even if they were to have few pragmatic consequences. (shrink)

Resumen Este artículo da cuenta de la forma en que el liberalismo del filósofo chileno Jenaro Abasolo (1833-1884), al conceder un rol activo al Estado en la “habilitación de la masa desheredada”, responde al adjetivo “social”. En Abasolo, el deber de asegurar en lo posible la prosperidad de las personas, se sostiene en el derecho natural y en una teología de la historia pan[en]teísta afín al krausismo. Abasolo piensa que la redención del desheredado en naciones aun juveniles debe apoyarse en (...) una forma de Estado “casi socialista”. Esto implica una acción de centralización y de tutela del pueblo que enfrenta a los autores del artículo a la gran dificultad de determinar cómo el autor chileno realiza la transición de una habilitación consumada a través de un buen grado de despotismo, hacia la libertad. Es decir, resulta controversial establecer la factibilidad de la realización de esta vía cuasi socialista a un liberalismo contrafácticamente orientado por el laissez faire. Abstract This article shows how the liberalism of the Chilean philosopher Jenaro Abasolo (1833-1884), by granting an active role to the State in the “empowerment of the disinherited mass”, responds to the adjective “social”. In Abasolo, the duty to ensure as far as possible the prosperity of the people is based on natural law and on a pan[en]theistic theology of history akin to Krausism. Abasolo thinks that the redemption of the disinherited in even juvenile nations must be supported by an “almost socialist” form of state. This implies an action of centralization and guardianship of the people that confronts the authors of the article with the great difficulty of determining how the Chilean author makes the transition from an empowerment consummated through a good degree of despotism, towards freedom. That is to say, it is controversial to establish the feasibility of the realization of this quasi-socialist path to a liberalism counterfactually oriented by laissez faire. (shrink)

The debate over the civilian use of nuclear power is highly polarised. We argue that a reasonable response to this deep disagreement is to maintain that advocates of both camps should modify their positions. According to the analysis we propose, nuclear power is neither entirely right nor entirely wrong, but rather right and wrong to some degree. We are aware that this non-binary analysis of nuclear power is controversial from a theoretical point of view. Utilitarians, Kantians, and other (...) class='Hi'>moral theorists make sharp, binary distinctions between right and wrong acts. However, an important argument speaking in favour of our non-binary analysis is that it better reflects our considered intuitions about the ethical trade-offs we face in discussions of nuclear power. The aim of this article is to make this argument sharp by explaining how it can be rendered compatible with, and supported by, the Capability Approach, which is quickly becoming one of the most influential frameworks for thinking about human development. (shrink)