Abstract: In the Philebus, Socrates constructs a dialectical argument in which he purports to explain to Protarchus why the pleasure that spectators feel when watching comedy is a mixture of pleasure and pain. To do this he brings in phthonos (malice or envy) as his prime example (47d-50e). I examine the argument and claim that Socrates implicitly challenges Protarchus’ beliefs about himself as moderate and self-knowing. I discuss two reasons to think that more is at stake in the argument (...) than the mixed pleasure and pain of comic malice. (shrink)

À partir de sa clinique, l’auteur montre que le fantasme de Cupidon est un des fantasmes organisateurs du couple. Il précise ensuite trois configurations de ce fantasme qui organisent chacune une combinaison particulière du conjugal et du parental.

In the early 1990s, the Commonwealth reformed its political structure to allow interference in domestic affairs of member states. This article examines whether such an institutional transformation has helped the organization to fulfil its purpose to work in the common interests of member countries and of their people. The article demonstrates that, while, as a consequence of post-Cold War globalization, concerns about the Commonwealth's political credibility and public perception have relaxed Commonwealth leaders' reluctance to accept legally binding norms of the (...) organization, strong resistance to Commonwealth interference in internal affairs exists among developing member states. It is argued that, because the new Commonwealth political structure lacks legitimacy and is contrary to the real interests of the majority of members, institutionalizing the Commonwealth has not contributed to the formation of a collective identity among Commonwealth members and to the resolution of the problem of inequality within and without the organization. (shrink)

This book is about the inner roots of malice.

The article explores two recurring themes in the scholarly writings on ‘transferred malice’ the doctrine designed by Anglo-American law to allow full criminal responsibility where the defendant caused harm to a different object than the one he had in mind, due to either accident or mistake. First, in face of the diversity of views advocating the eradication of transferred malice, the article searches for the provinces in which that doctrine should still have relevance to our legal system. It (...) is often assumed that malice cannot transfer amongst different offences, which has led many scholars to conclude that the doctrine is superfluous. The analysis here offered counters both assumption and conclusion alike, as well as the common view that differentiates between the implications of accident and mistake. Second, reflecting on the different criteria proposed to restrict the implementation of transferred malice such as physical and immediate harm to the actual object, remoteness of the actual harm from the harm intended, and foreseeability as to the actual harm the article provides an analytical framework by which to assess these criteria and to determine which of them proves more persuasive. The result is a notion of transferred malice that strikes a favourable balance with the requirement of mens rea. (shrink)

This article addresses three interpretive errors that are common with respect to Thomas Aquinas’s understanding of malice. The first error concerns the interpretation of malice as consisting in the preference or choice of a lesser good over a greater good. I argue that malice instead consists in a disorder of the will, and where that disorder results in the choice of a spiritual evil. The second error occurs when one charges Thomas with inconsistency: it is claimed that (...) Thomas’s view of the will is incompatible with malicious actions. I argue that such claims rest on a mistaken understanding of the role of choice in Thomas’s thought. The third error is one of translation: some scholars caution against translating Thomas’s malitia as “malice.” The reasons that are usually given for this view do not hold up to scrutiny. (shrink)

This article addresses three interpretive errors that are common with respect to Thomas Aquinas’s understanding of malice. The first error concerns the interpretation of malice as consisting in the preference or choice of a lesser good over a greater good. I argue that malice instead consists in a disorder of the will, and where that disorder results in the choice of a spiritual evil. The second error occurs when one charges Thomas with inconsistency: it is claimed that (...) Thomas’s view of the will is incompatible with malicious actions. I argue that such claims rest on a mistaken understanding of the role of choice in Thomas’s thought. The third error is one of translation: some scholars caution against translating Thomas’s malitia as “malice.” The reasons that are usually given for this view do not hold up to scrutiny. (shrink)

(2013). Hume's Theory of Pity and Malice. British Journal for the History of Philosophy: Vol. 21, No. 2, pp. 324-344. doi: 10.1080/09608788.2012.692664.

In both their external and internal communications, organizations tend to present diversity management approaches and corporate social responsibility initiatives as a kind of morally ‘good’ organizational practice. With regard to the treatment of employees, both concepts largely assume equality to be an indicator of organizational ‘goodness’, e.g. in terms of equal treatment, or affording equal opportunities. Additionally, research on this issue predominantly refers to prescriptive and imperative moralities that address the initiatives themselves, and values them morally. Schopenhauer opposes these moralities (...) by conceptualizing morality as exclusively being based on the incentives of acting instead of the actions themselves. He identifies egoism, compassion, and malice as the sole incentives for every human action, whereby only those actions solely motivated by compassion can be ascribed genuine moral worth. In this context, this article shows that from a Schopenhauerian perspective, CSR and DM initiatives only have a genuine moral worth in so far as the individuals who have initiated or supported their implementation were exclusively motivated by compassion. Stressing the narrative of a business case, if utilized as a façade for true compassion that attaches economic legitimacy to these initiatives, does not necessarily harm their moral worth. The approach and the findings developed in this paper contribute to the discourse on the ethical behavior of organizations, as well as to the discourse on CSR and DM. (shrink)

Inchoate crime consists of acts that are regarded as crimes despite the fact that they are only partial or incomplete in some respect. This includes acts that do not succeed in physically harming the victim or are only indirectly related to such a result. Examples include attempts (as in attempted murder that does not eventuate in the killing of anyone), conspiracy (in which case the crime has only been planned, not yet acted out) and incitement (where the inciter does not (...) himself commit the crime he is urging others to undertake). The present paper attempts to analyze these inchoate crimes from a libertarian perspective, based on the non-aggression principle. (shrink)

Transferred malice, or transferred intent, is the criminal doctrine that states that if D tries to kill A, and accidentally kills B, the intent to kill transfers from A to B, and so D is guilty of murdering B. This is widely viewed as a useful legal fiction. One of the finest essays on this topic was written by our honorand, Douglas N. Husak. Husak views both the potential usefulness of, and his preferred alternative to, transferred malice through (...) the lens of sentencing – how much hard treatment the offender will receive. In this essay, I take a step back and ask in what ways transferred malice might be useful. I find its potential usefulness is not restricted to sentencing, but thinking about other ways in which it might be useful actually brings other potential drawbacks into focus – in particular, I argue, transferred malice mislabels the crimes the offender committed, and does so in a way that erases one of the victims from the moral description of the crime. (shrink)

In Treatise 2.3.4.5 Hume provides an explanation of why ‘we naturally desire what is forbid, and take a pleasure in performing actions, merely because they are unlawful’. Hume's explanation of this phenomenon has barely received any attention so far. But a detailed analysis bears fruit for both Humean scholarship and contemporary moral psychology. After putting the passage in its context, I explain why desiring and taking pleasure in performing certain actions merely because they are unlawful poses a challenge to Hume's (...) theory of evaluation. Then I propose a solution of the challenge which draws on Hume's treatment of malice, and highlights the role played by comparison and the self in these apparently paradoxical passions. Finally, I distinguish three views in contemporary discussions of desiring something under the guise of the bad (negationism, parasitism, at-face-valuism), and I argue that Hume's account stands out as a particularly plausible version of the third view. (shrink)

This chapter contains sections titled: Dante's Mission The Journey Begins Vestibule (Ante‐Hell): The Indecisive Neutrals Upper Hell: Sins of Unrestrained Desire (the Wolf) River Styx, Walls of the City of Dis Lower Hell: Sins of Malice Leading to Violence (the Lion) Lower Hell: Sins of Malice Leading to Fraud (the Leopard) Dante's Existential Lessons in Hell.

The doctrine of transferred intent (or transferred “malice” in England) generally provides that if A attempts to harm B but, because of bad aim, misses and accidentally causes the same harm to befall C, A’s harmful intent vis-à-vis B is transferred to C, thus rendering A guilty of intentionally harming C. Commentators acknowledge the doctrine to be a legal fiction, but they differ regarding whether the fiction produces just results, some believing it does, others believing that A is guilty (...) at most of attempting to harm B rather than intentionally harming C. Commentators who agree that the fiction produces just results nevertheless differ regarding whether the fiction should be retained or whether A’s intent to harm “a” person, in this case, B, is the only intent that signifies for crimes of intentional harm, regardless of whom A eventually harms. Doug Husak sought to achieve reflective equilibrium between intuition and theory regarding bad-aim cases by proposing in 1996 that A be punished for attempting to harm B (rather than for harming C) but sentenced as if he had harmed B. I once believed that Husak was correct. But I now have doubts, in part because Husak, along with others, cannot explain why the strength of people’s intuitions regarding A’s responsibility in bad-aim cases depends upon (1) C’s being a reasonably foreseeable victim, and (2) C’s being harmed by the same threat of force that A initially unleashed against B. I argue that one cannot achieve reflective equilibrium in bad-aim cases without inquiring into why resulting harm matters in criminal law, and that when one does, one discovers that just as people’s intuitions regarding whether intentional harms are proximate depend upon how resulting harms occur, so, too, people’s intuitions regarding whether an actor is guilty of intentional harm depend upon how resulting harm comes about. (shrink)

Malice that cannot speak its name, cold-blooded but secret hostility, impotent desire, hidden rancor and spite--all cluster at the center of envy. Envy clouds thought, writes Joseph Epstein, clobbers generosity, precludes any hope of serenity, and ends in shriveling the heart. Of the seven deadly sins, he concludes, only envy is no fun at all. Writing in a conversational, erudite, self-deprecating style that wears its learning lightly, Epstein takes us on a stimulating tour of the many faces of envy. (...) He considers what great thinkers--such as John Rawls, Schopenhauer, and Nietzsche--have written about envy; distinguishes between envy, yearning, jealousy, resentment, and schadenfreude ; and catalogs the many things that are enviable, including wealth, beauty, power, talent, knowledge and wisdom, extraordinary good luck, and youth. He looks at resentment in academia, where envy is mixed with snobbery, stirred by impotence, and played out against a background of cosmic injustice; and he offers a brilliant reading of Othello as a play more driven by Iago's envy than Othello's jealousy. He reveals that envy has a strong touch of malice behind it--the envious want to destroy the happiness of others. He suggests that envy of the astonishing success of Jews in Germany and Austria may have lurked behind the virulent anti-Semitism of the Nazis. As he proved in his best-selling Snobbery, Joseph Epstein has an unmatched ability to highlight our failings in a way that is thoughtful, provocative, and entertaining. If envy is no fun, Epstein's Envy is truly a joy to read. (shrink)

Abstract: Against the background of a great deal of structural symmetry between intellectual and moral virtue and vice, it is a surprising fact that what is arguably the central or paradigm moral vice—that is, moral malevolence or malevolence proper—has no obvious or well-known counterpart among the intellectual vices. The notion of "epistemic malevolence" makes no appearance on any standard list of intellectual vices; nor is it central to our ordinary ways of thinking about intellectual vice. In this essay, I argue (...) that there is such a thing as epistemic malevolence and offer an account of its basic character and structure. Doing so requires a good deal of attention to malevolence simpliciter . In the final section of the essay, I offer an explanation of our relative unfamiliarity with this trait. (shrink)

“Never attribute to malice that which is adequately explained by stupidity”—so says Hanlon’s Razor. This principle is designed to curb the human tendency toward explaining other people’s behavior by moralizing it. We ask whether Hanlon’s Razor is good or bad advice. After offering a nuanced interpretation of the principle, we critically evaluate two strategies purporting to show it is good advice. Our discussion highlights important, unsettled questions about an idea that has the potential to infuse greater humility and civility (...) into discourse and debate. (shrink)

Life, but not as we know it -- Still life in nearly present time -- Driving and the city -- Movement-space -- Afterwords -- From born to made -- Spatialities of feeling -- But malice aforethought -- Turbulent passions.

Christianity teaches that whenever evil is done, God had ample warning. He could have prevented it, but He didn't. He could have stopped it midway, but He didn't. He could have rescued the victims of the evil, but - at least in many cases - He didn't. In short, God is an accessory before, during, and after the fact to countless evil deeds, great and small. An explanation is not far to seek. The obvious hypothesis is that the Christian God (...) is really some sort of devil. Maybe He is a devil as popularly conceived, driven' by malice. Or maybe He is unintelligibly capricious. Or maybe He is a fanatical artist who cares only for the aesthetic quality of creation - perhaps the abstract beauty of getting rich variety to emerge from a few simple laws, or perhaps the concrete drama of human life with all its diversity - and cares nothing for the good of the creatures whose lives are woven into His masterpiece. Oust as a tragedian has no business providing a happy end out of compassion for his characters.) But no; for Christianity also teaches that God is morally perfect and perfectly benevolent, and that He loves all of His creatures; and that these things are true in a sense not a million miles from the sense in which we attribute morality, benevolence, or love to one another. (shrink)

Everyday moral thought uses the concepts of virtue and vice at two different levels. At what I will call a global level it applies these concepts to persons or to stable character traits or dispositions. Thus we may say that a person is brave or has a standing trait of generosity or malice. But we also apply these concepts more locally, to specific acts or mental states such as occurrent desires or feelings. Thus we may say that a particular (...) act was brave or that a desire or pleasure felt at a particular moment was malicious. Even when they concern acts, these last judgements are of virtuousness rather than of moral rightness. They therefore turn essentially on a person’s motives; while he can act rightly from a bad motive, he cannot act virtuously from a bad motive. But they assess the virtue or vice of particular acts and mental states rather than of persons or traits of character. These global and local uses of the virtue-concepts are clearly connected, in that we expect virtuous persons to perform and have, and virtuous traits to issue in, particular virtuous acts, desires, and feelings. A philosophical account of virtue should explain this connection, but there are two different ways of doing so. Each takes one of the two uses to be primary and treats the other as derivative, but they disagree about which is the primary use. A dispositional view takes the global use to be primary and identifies virtuous acts, desires, and feelings in part as ones that issue from virtuous.. (shrink)

On the traditional view, Butler maintains that forgiveness involves a kind of “conversion experience” in which we must forswear or let go of our resentment against wrongdoers. Against this reading, I argue that Butler never demands that we forswear resentment but only that we be resentful in the right kind of way. That is, he insists that we should be virtuously resentful, avoiding both too much resentment exhibited by the vices of malice and revenge and too little resentment where (...) we merely condone the wrongdoer and leave ourselves open to future injury. I argue that this Butlerian approach offers us a more attractive account of forgiveness as a “virtue” than many recent discussions. In the final section, I address Butler’s challenging thesis that forgiveness is an unconditional moral duty. I argue against those who claim that forgiveness is supererogatory (Kolnai/Calhoun) or else merely morally conditional and even morally blameworthy in some cases (Murphy/Hampton/Novitz/Richards). By contrast, I defend a context-sensitive account of forgiveness which recognizes that it takes place on many different levels. I conclude by taking up the difficult issue of whether anybody can be ultimately “unforgivable”, offering some Butlerian and Strawsonian reflections that might help mitigate our judgments about such matters. (shrink)

Nick Bostrom's book *Superintelligence* outlines a frightening but realistic scenario for human extinction: true artificial intelligence is likely to bootstrap itself into superintelligence, and thereby become ideally effective at achieving its goals. Human-friendly goals seem too abstract to be pre-programmed with any confidence, and if those goals are *not* explicitly favorable toward humans, the superintelligence will extinguish us---not through any malice, but simply because it will want our resources for its own purposes. In response I argue that things might (...) not be as bad as Bostrom suggests. If the superintelligence must *learn* complex final goals, then this means such a superintelligence must in effect *reason* about its own goals. And because it will be especially clear to a superintelligence that there are no sharp lines between one agent's goals and another's, that reasoning could therefore automatically be ethical in nature. (shrink)

Cruelty and morality seem like polar opposites – until they join forces. Beware those who persecute in the name of principle... -/- Following in the steps of Michel de Montaigne, the distinguished political philosopher Judith Shklar has argued that cruelty should be considered the supreme evil and that we should put it first among the vices. The essence of cruelty is to wilfully and needlessly inflict pain and suffering on another creature – be it an animal or a human being. (...) Closely related to this vice are malice and sadism, both of which involve taking pleasure or delight in the suffering of others. Although cruelty might not be peculiar to human beings, it is a familiar and pronounced feature of human nature and social life. One important feature of human cruelty is the way that it varies, both with respect to its instruments and when it is occasioned, depending on our particular cultural and social circumstances. With this in mind, we can ask: what is the relationship between cruelty and morality? -/- . (shrink)

Ce dictionnaire propose de réunir des portraits de brutes et de mégères dans le but de s'interroger sur les causes et les raisons de cette perception négative. Pourquoi certaines figures évoquent-elles la méchanceté? Que peut nous dire cette méchanceté dénoncée de nous-mêmes et de l'époque qui l'a engendrée? Il s'agira de retracer les portraits de ceux et celles ayant marqué l'Histoire et la fiction par leur cruauté, leur perfidie, leur machiavélisme, leur art de la dissimulation ou de la manipulation. S'attarder (...) sur la méchanceté et ses possibles, décliner les façons de la penser et de la vivre, de la subir ou de l'exercer, c'est s'intéresser à une facette peu valorisée de la sensibilité d'autant plus importante que chaque individu, de près ou de loin, est amené, un jour, à se montrer méchant. La méchanceté et ses manifestations, qu'elles soient conceptuelles ou biographiques, nous invitent donc à une introspection globale, à une immersion dans les affres de la noirceur des âmes dont la bouche n'est autre que celle de la méchanceté Le champ de cette entreprise est vaste et recouvre notamment : La Malice, le Machiavélisme, Orangina Rouge, Barbe Bleue, le cinéma d'Alfred Hitchcock, Marie-Antoinette, la Mauvaise conscience, Gilles de Rais, Harry Powell (La nuit du chasseur) Salomé-Hérodiade, Dracula, Tatie Danielle, Marie Tudor, la Perversité, la Mégère Grecque, Dark Vador, Mildred Ratched (Vol au-dessus d'un nid de coucou)... (shrink)

The aim of this essay is to show Cezary Wodziński to be a thinker of evil. First, I discuss the difference between a thinker and a scientist. The latter develops various abstract ideas. The former produces literature as a kind of protective coating against a single destructive and dangerous thought which is haunting him. The thought that was haunting Cezary Wodziński is the idea that the being itself is evil. Since the thought of being is also a part of this, (...) it inevitably participates in the malice of existence. According to Wodziński, the 20th century was the epoch characterized by the epiphany of evil. Thinking is not innocent in the face of this epiphany. This thesis has important political implications. Both the affirmation and the critique of the existing political order appear to be tainted with evil. (shrink)

The defence of qualified privilege emerged in the 1760s in cases involving domestic servants suing their masters for bad references. Its function was to reverse the burden of proof of malice—transferring it from the defendant to the plaintiff—and it was based on the ‘occasion’ of speaking. The evidence suggests that this meant ‘cause’, but later cases interpreted it as meaning ‘situation’ and appeared to hold that there must be a duty or interest in both the publisher and publishee in (...) order for the defence to be raised. This interpretation proved controversial because it denied a defence when the defendant mistakenly believed that he had a duty or interest. In the 1890s it was finally settled that a duty or interest in both publisher and publishee was an essential requirement of the defence; perhaps this was due to parallel developments relating to similar concepts in the torts of deceit and negligence. (shrink)

This book sets stories of morally decent actions in a wider context of the essential barbarism of war. It charts the wider path of obscenity and atrocity in war to highlight moments of moral grace, of goodwill toward the enemy and civilians inside a frame of jarring ugliness and malice. It does not seek traditional war heroes or elevate anyone to secular sainthood. It presents ordinary people caught up in the extraordinary swirl of war, who did not see themselves (...) as saints or heroes at the time yet showed rare courage, notwithstanding. It presents portraits of everyday folk who reacted in a moment of crisis with mercy and sensitivity, with empathy for shared humanity with an enemy or the innocent. The goal is to recognize those brave few who refused immoral acts and orders, even at grave personal risk. Who in the midst of degradation and dehumanization saw common humanity, then chose not to pull the trigger. And others who put themselves outside suffocating conformity, to help rather than kill a wounded enemy or stop an atrocity. And those who made a simple gesture of kindness to a suffering enemy that had no larger consequence. Uninterested in saints, it looks to map a more modest, achievable and relatable lesson taken from the annals of war: an accounting best captured in a simple yet compelling word 'decency.'. (shrink)

This book argues that it can be both reasonable and appropriate to adopt a certain kind of misanthropy. The author defends a cognitivist version of misanthropy, an attitude whose central feature is the judgment that humanity is morally bad. Misanthropy is often dismissed on moral grounds. Many people hold that malice toward human persons is problematic and vulnerable to moral objections. In this book, the author advocates for cognitivist misanthropy. He defends an Asymmetry Thesis, according to which a morally (...) bad deed carries more weight than a morally good deed, even if the harm of the former is exactly equal to the benefit of the latter. He makes the case that being misanthropic in the cognitivist sense is morally permissible and compatible with a broad range of moral reasons for action. He also considers the role of misanthropy in environmental thought, arguing that charges of misanthropy against certain "non-anthropocentric" views do not have the force they are typically thought to carry. Finally, the author investigates the practical implications of adopting cognitivist misanthropy, asking what living with such an attitude would involve. A Philosophical Defense of Misanthropy will appeal to researchers and advanced students working in ethics and the philosophy of human nature. (shrink)

In this article I address the ethical implications of the legal issues the U. S. Supreme Court resolved in New York Times v. Sullivan and its progeny. In a ruling with far-reaching moral implications, the Court addressed truthtelling-journalism's primary ethical directive-and undermined it by favoring other moral principles and social goals. Much of this article focuses on the ethical arguments addressed to the Court in legal briefs that sought rulings that would support fundamental principals of ethical journalism. The creation of (...) actual malice as a legal concept in the Sullivan case owes more to the Court's pursuit of other moral and social values than strict legal reasoning, according to the descriptive theory of pragmatic instrumentalism, which informs this analysis. (shrink)

The evolution of criminal law in Western legal systems is often portrayed as a path leading from objective to subjective notions of criminal responsibility. By examining the historical development of the notions of subjective responsibility, this article suggests that the function of a wrongdoer’s subjective mental state, in both its substantive and procedural aspect, as an element in the process of attributing criminal responsibility, remains much the same today as it was in antiquity. This is indicated by what subjectivity, as (...) an essential condition of culpability, is said to imply: the distinction between intentional and unintentional acts. Although the notions of intent and malice aforethought are attested to in various sources on ancient Athenian law, there are several kinds of cases in which the role played by these aspects—traditionally referred to as mens rea —remain unsolved in contemporary jurisprudence and legal practice. Yet despite the difficulties of establishing facts in particularly complex criminal cases, setting the boundary between “intentional” and “unintentional” remains crucially important in determining criminal responsibility and thus in distinguishing the “licit” from the “illicit,” which is the very foundation of the rule of law. (shrink)

On the traditional reading, Schopenhauer claims that compassion is the recognition of deep metaphysical unity. In this paper, I defend and develop the traditional reading. I begin by addressing three recent criticisms of that reading from Sandra Shapshay: that it fails to accommodate Schopenhauer's restriction to sentient beings, that it cannot explain his moral ranking of egoism over malice, and that Schopenhauer requires some level of distinction to remain in compassion. Against Shapshay, I argue that Schopenhauer does not restrict (...) compassion to sentient beings and that a more metaphysically refined version of the traditional reading can accommodate both Schopenhauer's moral ranking of characters and allow for some level of distinction in compassion. I then turn to four further questions for the traditional reading: what the relation is between the feeling of compassionate pain and the recognition of metaphysical unity, how cognitions mediate compassion, whether compassion is limited to the present, and how the feeling of compassion relates to Schopenhauer's fundamental moral principle. I conclude by explaining how, in a reductive vein, the traditional reading can also allow for compassion to have normative content. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 44.4 (2006) 623-634 MuseSearchJournalsThis JournalContents[Access article in PDF]Character and Evil in Kant's Moral AnthropologyPatrick FriersonIn the Metaphysics of Morals, Kant explains that moral anthropology studies the "subjective conditions in human nature that help or hinder [people] in fulfilling the laws of a metaphysics of morals" and insists that such anthropology "cannot be dispensed with" (6:217).1 But it is often difficult to find clear (...) evidence of this sort of anthropology in Kant's own works. In this paper, I discuss Kant's account of character as an example of Kantian moral anthropology.Kant's account of character is one of the most important parts of his Anthropology from a Pragmatic Point of View.2 Kant describes the character of the person, in particular, as the "distinguishing mark of the human being as a rational being endowed with freedom" and says that character "indicates what the human being is prepared to make of himself" (7:285). Recently, Kant commentators have gone even further. G. Felicitas Munzel, for example, claims that character is "the systematic link between the moral, aesthetic, and anthropological elements of Kant's works."3 This paper will not investigate the full richness of Kant's account of character. Instead, I focus on one particular problem that arises in Kant's discussion of character—an apparent conflict between the moral relevance of character and the possibility of evil character. By showing why there is an apparent conflict and why it is merely apparent, I show some of the ways in which a particular subjective condition in human nature can help, but not force, people to fulfill the laws of a metaphysics of morals. [End Page 623]1. The Problem: Moral Character and the Case of SullaWhen Kant introduces character in the Anthropology, he distinguishes between the character of the person, of the sex, of the nation, of the race, and of the species. Even within the character of the person, he distinguishes between "natural aptitude," "temperament," and "character purely and simply," all of which are different kinds of individual character. But only the last—the "character purely and simply"4 of a person—"is moral" and "shows what man is prepared to make of himself" (7:285).5 This paper focuses only on that general, moral character.At first, Kant seems to describe general character as morally good. Twice in his opening discussion of character, Kant describes "character" (Charakter) as "moral" (moralische) (7:285), and he insists that "character has an inner worth, and is beyond all price" (7:292). Though not decisive, these comments suggest that one with character has a good will. But Kant goes further, adding that the person with character "relies on principles that are valid for everyone" (7:293). This reference to universally valid principles is picked up later in a way that highlights its moral goodness.For character requires maxims that proceed from reason and morally-practical principles. Therefore one cannot rightly say that the malice of this human being is a quality of his character; for then it would be diabolic. The human being, however, never sanctions the evil in himself, and so there is actually no malice from principles; but only from the forsaking of them.(7:293–94)It seems that Kant could not be more explicit. Character seems to involve acting on the basis of principles that conform to and even flow from "morally-practical principles," which he seems to distinguish from anything evil. This seems quite close to Kant's account of the good will as a will "whose principle is the categorical imperative" (4:444). (Although Kant's precise account of the good will is complicated, for our purposes here it is sufficient to define a good will as a will that consistently acts out of respect for the moral law.6) To have character, it would seem, is to have a good will.But this apparent identification of character with good character does not fit the rest of... (shrink)

_God and the Problem of Evil_ brings together influential essays on the question of whether the amount of seemingly pointless malice and suffering in our world counts against the rationality of belief in God, a being who is said to be all-powerful, all-knowing, and perfectly good.

The article is devoted to the analysis of the phenomenon of hatred in philosophic, psychological, and ethical aspects, and of its motivating role during the war. Explicating the philosophical un- derstanding of hatred, the author analyzes the “Treatise of Human Nature” by Hume and ex- plains the structure of hatred as the unity of the elements “cause-object-end” as well as the role of empathy in their genesis. In the article, the author proves that hatred as a passion is not a (...) hu- man instinct or only an emotion, while having an intention towards the understanding of another person and ethical evaluation of his or her motives and actions. The author analyzes the psycho- logical structure of hatred as a durable complex of negative attitudes, motives, emotions, and dispositions of a person formed in individual and social existence. The multilevel way of experience and content of hatred explicated by the range from simple negation of other beings to the ex- pression of moral judgement and demand of the retribution of hurt and struggle against evil. The author analyzes the concept of hatred by R. and K. Sternberg as a negation of intimacy of the other combined with various emotions and commitments of a person to act. Based on that, the article discusses the possibilities of the acquisition of ethical content by hatred and analyzes the typology of hatred by J. Gee (simple hatred, prejudicial hatred, malice and spite, retributive hatred, and moral hatred). The author of the article argues that the higher forms of conscious and controlled hatred possess rational components and moral content. The author concludes that the retributive hatred as a reactive moral attitude towards the blame of the wrongdoer and the de- mand of holding him responsible is an appropriate form of motivation for the resistance during the war and the establishment of peace. This kind of hatred plays a legitimate role in a mature person’s moral life and can be ethically justified. (shrink)

This article explores the peculiarities of the tort of misfeasance in a public office from the perspective of two popular, contemporary theories of tort law: the rights-based theory of Robert Stevens, and the corrective justice theory of Ernest Weinrib. It identifies four significant problems of fit for these theories: viz, the fact that this tort does not protect a clearly defined private law right; the fact that its touchstones of liability include concepts that are highly unusual in tort law (such (...) as malice, recklessness and bad faith); the fact that it confounds the private/public law dichotomy envisaged by both authors, and the fact that it is both animated by, and makes ready use of, public policy considerations. It is nonetheless argued that these apparent oddities are not unique to this tort (each featuring elsewhere in tort law) and that, therefore, misfeasance in a public office is by no means as anomalous as these theories would lead us to believe. Having established that it is not a theoretical anomaly, the article goes on to suggest that this tort also serves a discrete and vital role in holding public officers to account thus rendering implausible any suggestion that it has very little to commend it in practical terms, or that it ought to be abolished. (shrink)

Interest in Leo Strauss is greater now than at any time since his death, mostly because of the purported link between his thought and the political movement known as neoconservatism. Steven B. Smith, though, surprisingly depicts Strauss not as the high priest of neoconservatism but as a friend of liberal democracy—perhaps the best defender democracy has ever had. Moreover, in _Reading Leo Strauss, _Smith shows that Strauss’s defense of liberal democracy was closely connected to his skepticism of both the extreme (...) Left and extreme Right._ It was as a skeptic, Smith argues, that Strauss considered the seemingly irreconcilable conflict between reason and revelation—a conflict Strauss dubbed the “theologico-political problem.” Calling this problem “_the_ theme of my investigations,” Strauss asked the same fundamental question throughout his life: what is the relation of the political order to revelation in general and Judaism in particular? Smith organizes his book with this question and assesses Strauss’s attempt to direct the teaching of political science away from the examination of mass behavior and interest-group politics and toward the study of the philosophical principles on which politics are based. With his provocative, lucid study, Smith establishes a distinctive form of Straussian liberalism himself. _ “By returning to the source and examining what Strauss actually wrote, Mr. Smith lets the breeze of reason into the feverish sickroom of ideology. He portrays a Strauss who cherished democracy as the best bulwark against tyranny, and who valued intellectual honesty above all. By the time Mr. Smith is done, nothing is left of the Strauss caricature except the ignorance and malice that fathered it.”—Adam Kirsch, _New York__ Sun_. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:GOOD MEN'S WOMEN: HUME ON CHASTITY AND TRUST At the very heart of Hume's philosophy in the Treatise, namely between his discussion of the artificial and the natural virtues, he places a short chapter entitled "Of Chastity and Modesty." Its central position is appropriate, since these supposed virtues present something of a test case for Hume's account of the relation between nature and artifice, and, more generally, beyond his (...) moral philosophy, for his views on regularity and constancy in and out of individual lives. For these theoretical reasons, as well as for the calm realism of his treatment of sexual inequality, the chapter warrants more attention than it has received. Perhaps Hume's most important contribution to moral philosophy is his account of the difference between natural virtues, displayed in actions which do good one by one, each act having value independently of whether similar acts are performed by oneself and others on other occasions, and artificial virtues displayed in acts in essential conformity to established socially useful conventions, which do good only in so far as they are supported by general conformity. Hume does not, like Kant, insist that we always see morally good action as obedience to law, nor does he neglect the importance of those areas where good can be done only if acts are correctly seen as conforming to general laws, general conformity to which is not only willed by the agent but assumed by him to be in effect. Hume gives a subtle and elaborate account of when we do and when we do not need moral and social conformity, of which virtues are and which virtues are not mediated by changeable public will or convention. Conventions must operate before any act can count as property-respecting, but there is no need to ask 'can I will this as universal law?' before comforting a frightened child. Whatever the conventions, whatever others do, such an act does some good, and is the sort of 2. act which displays the natural virtue of kindness. Hume requires of a virtuous act not merely that it be helpful or agreeable to someone (or some public) but that it display a durable character trait in the agent. An uncharacteristic act of kindness to a child may do good without displaying a virtue or a good character. Approval is given, according to Hume, to persons on account of theii durable character traits, as displayed in their actions and reactions. The natural response to virtue is to welcome its possessor: His company is a satisfaction to me (T588), and virtue in rags will be the exception in a smoothly functioning society. The fact that Hume's ethics is an agent ethics, and that the concept of welcome virtue is more fundamental to it than that of a useful action, commits Hume, throughout his moral philosophy and especial!, in his treatment of the natural virtues, to an emphasis on consistency or integrity of character, to a search for durable character traits and so for characteristic actions. Now a person might be characteristically kind, yet on occasion, under stress, give expression to unaccustomed malice. The uncharacteristic malicious act may weaken but not destroy the virtue of kindness which kind acts have both expressed and infixed (T411). When the malicious act is known, the person's reputation for benevolence may be slightly sullied, but certainly not ruined. Both within one person's life, and within one population, there will be reason to encourage consistently virtuous action, but no reason to feel that all is lost or spoiled if lapses from the natural virtues occur. Even when cruelty is the norm, the rare kind act may be appreciated, if not rewarded, the rare kind person may be welcome, if also exploited and victimized. With the artificial virtues there is a stronger demand and need for uniformity in a population, since the value of any one just act, or one person's character trait, depends upon the support received from the similar acts and 3. traits of others. Every single act is performed in the expectation that others are to perform the like (T498). To display artificial virtues, actions must be seen as rule... (shrink)