This chapter contains sections titled: Introduction Some Common Misunderstandings How Different Are PGW, FUL, and FLN? The Role of the Universal Law Formulas Issues Regarding the Maxim and its Universal Counterpart The Two Hegelian Objections Contradictions in Conception Contradictions in the Will Three Persistent Problems and One Very Modest Proposal Bibliography.

Kant’s chapter “On the Typic of the Pure Practical Power of Judgement” is one of the most obscure passages of the Critique of Practical Reason and it has often been regarded as a mere appendix. However, it deals with a fundamental question, namely, how can the pure practical law be applied to particular cases. In this paper, I would like to make an original contribution towards a better understanding of this chapter by comparing it to (...) the Schematism chapter on the basis of their analogical relation and suggesting how the reference to a sensus communis could help in solving the aim of the Typic chapter. (shrink)

In the Typic chapter of the Critique of Practical Reason, Kant aims to enable moral judgment by means of the law of nature, which serves as the ‘type’, or formal analogue, of moral law. The present monograph is the first comprehensive study of this key text. It provides a detailed commentary on the Typic, situates it within Kant’s ethics and his theory of symbolic representation, and critically engages with the relevant secondary literature.

Moral particularists and generalists alike have struggled over how to incorporate the role of moral salience in ethical reasoning. In this paper, I point to neglected resources in Kant to account for the role of moral salience in maxim formation: Kant's theory of reflective judgment. Kant tasks reflective judgment with picking out salient empirical particulars for formation into maxims, associating it with purposiveness, or intentional activity (action on ends). The unexpected resources in Kantian reflective judgment suggest the possibility of a (...) particularist universalism, where recalcitrant particulars directly inform, and in some cases revise, moral principles. Such an account improves on particularist accounts of moral salience and moral perception: rather than deriving moral sensitivity solely from an agent's upbringing or cultural resources, the reflective dimension is situated alongside the universalist dimension of moral principles typically identified with Kantian ethics, allowing for a critical approach both to moral universals and to the reception of moral particulars. (shrink)

Standard interpretations of Kant’s moral philosophy portray him as affording agents very little, if any, latitude to exercise practical judgment for determining the proper course of action. It is typically thought that Kant holds that because all moral duties are determinable a priori and in advance of particular circumstances this leaves little to no room for agents to exercise practical judgment. In this paper I discuss two senses in which Kant does allow for the practical judgment of (...) agents. The first is an interpretation of Kant’s view of practical judgment developed by Onora O’Neill and others. The second is an underappreciated dimension of practical judgment contained in Kant’s texts. It is to a defense and examination of the importance of the second sense of practical judgment that the majority of this paper is dedicated. (shrink)

"On _Critique of Pure Reason_: The text rendered by Pluhar is the work of an expert translator... the virtues of his text are manifold; his translation exhibits an incontrovertible mastery of both English and German. Equally important is the fact that Pluhar has given the original a very close read during the act of translating.... Pluhar consistently resists the tendency to translate woodenly word-for-word.... In point of fact, accuracy of translation stands in no direct relation to literalness; it is (...) much more a product of meticulous textual reading and skilful writing, and in this respect Pluhar has no modern equals in English Kant translation." --James Jakob Fehr, _Kant-Studien_. (shrink)

Based on the interpretation of the passage that Kant dedicates to the typic of the pure practical power of judgment, the author gives a central place to what, in his view, constitutes the heart of the problem of Kantian critical philosophy, namely, to demonstrate that reason, in its practical use can be effectively moral. This provides the basis to hold that the solution offered by Kant to this severe problem consolidates the subordination of the theorical use of (...) reason to the practical one, which is identified with the subordination of truth to freedom. The conclusion is that said subordination, which would irreversibly change the course of philosophy, is only possible by means of a rupture of the experience that places action and consequently human life in the face of a representation of the real, that goes beyond, from freedom and history, what the categories of understanding show us truth of nature. (shrink)

El propósito de este trabajo es defender la opinión que Kant ha propuesto sobre la teoría internalista de la motivación moral. En particular, argumentaré que la adopción de Kant de internalismo se evidencia en su afirmación de que la relación de la razón pura de la voluntad se basa en una práctica una proposición sintética a priori. Lo que se pretende demostrar es que Kant trata la sinteticidad práctica como un concepto fundamental para su relato de lo que significa ser (...) motivados por los principios de la razón pura. En mi conceptualización de la teoría motivacional de Kant, la relación entre las máximas universalizables y el interés moral de actuar sobre ellos es necesaria pero no tautológica, ya que violaciones de los derechos son lógicamente posibles a pesar de que tengamos una razón moral de actuar. Lo que impide que este último argumento colapse en una cuenta casi externalista de la motivación moral es que el impacto de motivación de las máximas como la ley, es en última instancia, la premisa de una concepción normativa de nosotros mismos como agentes libres. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

The purpose of this paper is to discuss the role of financial practice in the development of mathematics as applied in human judgement. The basis of the paper is in historical research from the 1990s that argues that the monetisation of western commerce, which abstracted value into quantified price, was synthesised with scholastic analysis resulting in a “mathematical mechanistic world picture” that led to the widespread use of mathematics in science from the seventeenth century. An aspect of this process was (...) the quantification of chance that led to the development of mathematical probability, the branch of mathematics most relevant to judgement and the focus of this paper. Ideas from this historical research are related to the fundamental theorem of asset pricing, the foundational theory of contemporary financial mathematics. The paper observes that vestiges of medieval scholastic attitudes to financial ethics can be discerned in the FTAP, offering a novel interpretation of the mathematical theorem. The paper then considers the Dutch book argument, the most popular justification for subjective probability. The paper’s main contribution is in describing the significance of financial practice in validating the DBA and the paper explains how the FTAP addresses some criticisms of how the DBA represents beliefs. The conclusions emphasise the distinction between pure and practical reasoning and that this should be mirrored in a distinction between the mathematics of physica and practica. This point is important as mathematics is becoming more widespread in modelling, and directing, social systems. (shrink)

Among Immanuel Kant's most influential contributionsto philosophy is his development of the transcendental argument. InKant's conception, an argument of this kind begins with a compellingpremise about our thought, experience, or knowledge, and then reasonsto a conclusion that is a substantive and unobvious presupposition andnecessary condition of this premise. The crucial steps in thisreasoning are claims to the effect that a subconclusion or conclusionis a presupposition and necessary condition of a premise. Such anecessary condition might be a logically necessary condition, butoften (...) in Kant's transcendental arguments the condition is necessary inthe sense that it is the only possible explanation for the premise,whereupon the necessity might be weaker than logical. Typically, thisreasoning is intended to be a priori in some sense, eitherstrict or more relaxed. The conclusion of the argument is often directed againstskepticism of some sort. For example, Kant's Transcendental Deductiontargets Humean skepticism about the applicability of a priorimetaphysical concepts, and his Refutation of Idealism takes aim atskepticism about external objects. These two transcendental argumentsare found in the Critique of Pure Reason, butsuch arguments are found throughout Kant's works, for example inthe Critique of Practical Reason, in the Critiqueof the Power of Judgment, and in the OpusPosthumum. This article focuses on theTranscendental Deduction, the Refutation of Idealism, and more recenttranscendental arguments such as P. F. Strawson's that areinspired by these two examples. (shrink)

In her new book, Patricia Kitcher supports Onora O'Neill's view that the categorical imperative is the highest principle of both practical and theoretical reason. I claim that neither O'Neill's original interpretation nor Kitcher's additional evidence in favour of it are convincing. At its core, this misconception of Kant's position consists in the identification of self-referential critique of reason with the concept of autonomy. It will be shown that the (Kant) of both practical and theoretical reason is not the (...) categorical imperative, but the reflective power of judgement, as Kant claims in the Critique of the Power of Judgement. (shrink)

Different from the autonomy of understanding in cognition and the autonomy of practical reason in praxis, the heautonomy in the judgement of taste is reflexive. The reflexivity consists not only in the fact that the power of judgement legislates to its own usage but also, and more importantly, it legislates to itself through its own operative process. This normativity, based on the self-referential structure of pure aesthetic judgement and the a priori principle of subjective, internal purposiveness, can be (...) regarded as a self-discovering and self-flourishing principle that organically grows out of the aesthetic experience and, at the same time, regulates its growth in return. In this scenario, aesthetic freedom can be identified as a third kind of freedom different from Kant’s transcendental freedom and practical freedom – a flexible and living freedom with spontaneous legislation, but not bound by any determinate laws. (shrink)

Clinical decision making is a challenging task that requires practical wisdom—the practised ability to help patients choose wisely among available diagnostic and treatment options. But practical wisdom is not a concept one typically hears mentioned in medical training and practice. Instead, emphasis is placed on clinical judgement. The author draws from Aristotle and Aquinas to describe the virtue of practical wisdom and compare it with clinical judgement. From this comparison, the author suggests that a more complete understanding (...) of clinical judgement requires its explicit integration with goals of care and ethical values. Although clinicians may be justified in assuming that goals of care and ethical values are implicit in routine decision making, it remains important for training purposes to encourage habits of clinical judgement that are consciously goal-directed and ethically informed. By connecting clinical judgement to patients' goals and values, clinical decisions are more likely to stay focused on the particular interests of individual patients. To cultivate wise clinical judgement among trainees, educational efforts should aim at the integration of clinical judgement, communication with patients about goals of care, and ethical reasoning. But ultimately, training in wise clinical judgement will take years of practice in the company of experienced clinicians who are able to demonstrate practical wisdom by example. By helping trainees develop clinical judgement that incorporates patients' goals of care and ethical reasoning, we may help lessen the risk that ‘clinical judgement’ will merely express ‘the clinician's judgement.’. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, but (...) instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- Two different traditions of morality in vi-v century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 3. Aristotle and practical philosophy. -/- Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. The various phases of Stoicism are described, and the shifting place that was given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torah (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was "the tool by which the world was built"; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous, but deeds are the inevitable effect of either faith or learning. The last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on the retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince, had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries, a war raged among theologians and philosophers, finally won by the former with the disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed too a few traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Tora and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. In this phase remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions, gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave pure nature incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too ambitious, and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Prima Secundae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

The key concept in Kant’s aesthetics is “aesthetic reflective judgment,” a critique of which is found in Part 1 of the Critique of the Power of Judgment (1790). It is a critique inasmuch as Kant unravels previous assumptions regarding aesthetic perception. For Kant, the comparative edge of a “judgment” implicates communicability, which in turn gives it a public face; yet “reflection” points to autonomy, and the “aesthetic” shifts the emphasis away from objective properties to the subjective response evoked by the (...) object. Contrary to the view he had inherited, Kant did not treat aesthetic judgments as confused perceptions or inferior cognitions, but rather put them in a category of their own. For Kant, aesthetic reflective judgments implicated not only the processes involved in understanding the empirical world but also the processes involved in ascribing ideas or meaning to experience (which go beyond what is given in perception/cognition). This “going beyond cognition” may have been referred to by Kant as non-cognitive, but it is conditioned on a way of cognizing the object. Kant describes the features of such judgments in the Analytic of the Beautiful before addressing their possibility in subtle ways throughout the Deduction of Pure Aesthetic Judgments. Kant’s critique gives rise to three apparent dichotomies: immediate intuition and prior learning; autonomy and communicability; and non-cognitive response and aesthetic ideas. An interpretation of Kant’s theory can be deemed correct to the degree that it succeeds in showing that the contradictions are only apparent. I will argue that the resulting positive account of Kant’s aesthetic theory offers an understanding of aesthetic reflective judgment that is quite different from the standard formalism that the critics of formalism usually target and by which they misrepresent Kant’s aesthetic theory. When I refer to Kant’s formalism, then, I mean something quite different by this than what is meant by “standard formalism.” The latter is the representation given Kant’s formalism by its contemporary critics and is the typical account of formalism found in the art theory and philosophy of art literature, as will be demonstrated. (shrink)

The Critique of the Power of Judgment is the third of Kant's great critiques following the Critique of Pure Reason and the Critique of Practical Reason. This translation of Kant's masterpiece follows the principles and high standards of all other volumes in The Cambridge Edition of the Works of Immanuel Kant. This volume, first published in 2000, includes: the indispensable first draft of Kant's introduction to the work; an English edition notes to the many differences between the first (...) and second editions of the work; and relevant passages in Kant's anthropology lectures where he elaborated on his aesthetic views. All in all this edition offers the serious student of Kant a dramatically richer, more complete and more accurate translation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.4 (2001) 559-580 [Access article in PDF] Problems in Kant's Vindication of Pure Reason Ted Kinnaman One of the most important questions in interpreting the Critique of Pure Reason concerns the proper way of characterizing Kant's view of the faculty of reason. Clearly, one of Kant's intentions is to show that reason is incapable of cognition of objects such as God (...) or the soul, because such cognition would require going beyond possible experience. At the same time, he also wants to defend reason, to "institute a court of justice, by which reason may secure its rightful claims while dismissing all its groundless pretensions" (Axi-xii). Denied the possibility of attaining theoretical knowledge, reason instead finds its fulfillment in its practical employment, striving to bring the world into conformity with the moral law. This, however, can make it appear that the task of guiding action is one that reason must merely settle for, having unfortunately been denied its true goal, knowledge of the supersensible. It is thus difficult to see how Kant can claim to have vindicated reason.Recently, a number of scholars have suggested that a proper understanding of Kant's account of reason can correct this purely negative view of Kant's theory. In particular, Richard Velkley and Susan Neiman have argued separately that Kant's emphasis on the goal-directed nature of reason's task helps to justify Kant's belief that the first Critique defends as well as limits reason. 1 Because this reading truly does justice to Kant's insistence on the unity of theoretical and practical reason, it goes a long way toward bringing out Kant's overall project in the Critique of Pure Reason. But I will argue that Velkley's and Neiman's defense of Kant's conception of reason, while persuasive as a reading of Kant's intentions in the first Critique and a clear improvement over a simply negative view of reason, is ultimately unsuccessful philosophically. I will show that Kant's defense of reason in the Critique of Pure Reason is vulnerable [End Page 559] to two strong objections, of which Kant himself was made aware of in the years after the publication of the Critique: We have no grounds, on the basis of the argument of the first Critique, to think that the goals reason sets for us can be achieved; nor does Kant's theory provide a basis for defending his conception of reason against other plausible and coherent sources of warranted assertion, such as religion or culture. Indeed, Kant's appreciation of the seriousness of the deficiency of his defense of reason in the Critique of Pure Reason helps to explain the importance of the concept of the purposiveness of nature in the later Critique of Judgment. First I explain in detail why it appears that Kant's analysis of reason produces only a negative result—that reason cannot attain knowledge of its objects. Second, I will look at how the readings of Velkley and Neiman attempt to defend Kant's account of reason's positive use. I will then argue that without some argument for the suitability of appearances to systematization according to ideas of pure reason, we can be assured neither of the possibility of reaching the goals reason sets for us nor of the superiority of Kant's views over competing views on morality and religion. In particular, I will look briefly at the writings of Johann Georg Hamann and Johann Gottfried Herder, with the intention of showing that they offer at least prima facie plausible alternatives to Kant's view of reason. 1. The central problem concerning Kant's conception of reason in the Critique of Pure Reason results from the conjunction of two of his most important philosophical claims. First, it clearly is crucial to Kant's philosophical outlook that "we cannot cognize any object that is thought except through intuitions that correspond to those concepts" (B165). But, second, Kant says that unlike the understanding reason does not relate directly to intuition, and... (shrink)

Internalists and externalists disagree over how intimately normative judgment and motivation are linked. Proponents on both sides typically try to settle the issue by descriptively interpreting our concept of a normative judgment. Unfortunately, this approach has resulted in deep and apparently intractable disagreement. It is time to consider alternative strategies. In this paper, I argue that the internalist/externalist debate is particularly ripe for revisionary arguments that evaluate conceptions of normative judgment in light of the costs and benefits of their adoption. (...) I then develop a revisionary case for externalism by identifying three practical hazards that come with internalist conceptions of normative judgment. Along the way, I show how these internalist hazards are mirrored by externalist benefits. I also argue that two potential benefits of internalism are not very beneficial. Together, these considerations give us strong practical reasons to adopt externalist conceptions of normative judgment, regardless of which account is descriptively accurate. (shrink)

For Aristotle the fallacy of accident arises from mistakes about being per accidens and not from accidental predication. Mistakes in perceiving per accidens come from our judgements about being per accidens and so commit that fallacy. Practical syllogisms have the same formal structure as being and perceiving per accidens . Moreover perceiving per accidens typically provides the minor premise for the practical syllogism as it makes it possible for us to know singular propositions, especially those about substances. Thus (...) these minor premises may come about through fallacious reasoning, what today would be called reasoning via collateral information. On account of these foundations for the practical syllogism, even a person of practical wisdom will need a lot of luck to avoid mistakes. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 110 Heft: 1 Seiten: 172-177.

Many of the methods commonly used to research mathematical practice, such as analyses of historical episodes or individual cases, are particularly well-suited to generating causal hypotheses, but less well-suited to testing causal hypotheses. In this paper we reflect on the contribution that the so-called hypothetico-deductive method, with a particular focus on experimental studies, can make to our understanding of mathematical practice. By way of illustration, we report an experiment that investigated how mathematicians attribute aesthetic properties to mathematical proofs. We demonstrate (...) that perceptions of the aesthetic properties of mathematical proofs are, in some cases at least, subject to social influence. Specifically, we show that mathematicians’ aesthetic judgements tend to conform to the judgements made by others. Pedagogical implications are discussed. (shrink)

In The Moral Problem, Michael Smith argues that only motivational internalists can offer an adequate explanation of why changes in moral judgment tend to be accompanied by changes in motivation in morally virtuous people. Smith argues that the failure of motivational externalism to account for this phenomenon amounts to a reductio of the view. In this paper, I draw on dual-process models of moral judgment to develop an externalist response to Smith’s argument. The key to my proposal is that motivationally (...) efficacious states are often the source of our moral judgments, and changes in judgment are typically the result of changes in these states. However, moral judgments can also be formed via an alternative pathway that does not necessarily affect motivation, and so motivation and judgment can come apart. This response not only defuses Smith’s objections to externalism, but challenges Smith to square his internalist proposal with the empirical details of moral judgment. (shrink)

IT IS CHARACTERISTIC OF KANT that he interprets pure practical reason as will. He thereby revolutionizes the notions of both reason and the will. Reason is conceived as interest, a motivating power, even a self-sufficient telos. Moreover, the will is understood as a rational power, that is, as initially structured by the form of law, and striving for universality in both its inner operation and the way it ought to shape the outside world. For such a will, being (...) rational also means being self-constituting, or autonomous, and self-willing, that is, seeking rationality as end-in-itself. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.3 (2002) 406-408 [Access article in PDF] Book Review Kant's Theory of Taste: A Reading of the Critique of Aesthetic Judgment Henry E. Allison. Kant's Theory of Taste: A Reading of the Critique of Aesthetic Judgment. New York: Cambridge University Press, 2001. Pp. xvi + 424. Cloth, $69.95. Paper, $24.95. In his new book, Henry Allison provides a study of the two introductions (...) and the first half of Kant's Critique of the Power of Judgment to stand alongside his previous books on Kant's theoretical and practical philosophy, Kant's Transcendental Idealism (1983) and Kant's Theory of Freedom (1990). Those books showed Allison's commitment to the unity and coherence of Kant's thought, and it is the aim of the present book to demonstrate the connections between the two halves of Kant's third Critique, that is, Kant's aesthetics and his teleology, as well as to demonstrate the connections between Kant's aesthetic theory and both his theoretical and his practical philosophy. In order to defend the unity of the third Critique, Allison defends Kant's characterization of the judgment of taste as a species of reflective judgment, and argues that our judgments of beauty depend upon the principle of the purposiveness of nature that is also the basis for judgments about the systematicity of natural laws. To display the connections between Kant's aesthetics and his theoretical philosophy, [End Page 406] Allison uses the first Critique's distinction between the quid facti and the quid juris to explicate the relation between Kant's "analytic of the beautiful" and his "deduction of pure aesthetic judgment"; he then defends the success of Kant's strategy for the deduction of judgments of taste by grounding them in the general conditions of the possibility of cognition. Finally, in order to explain Kant's connection between aesthetics and morality, Allison interprets Kant's theory of the "intellectual interest" in the beautiful as evidence of nature's amenability to our achievement of the ends of morality, an assurance that we need not be motivated in the first place to act as morality requires, but rather to prevent our motivation to be moral from being undermined by our own predisposition to radical evil. He then defends Kant's thesis that all beauty, and thus natural as well as artistic beauty, can be seen as an expression of aesthetic ideas, and specifically of the morally requisite idea of nature's amenability to the achievement of our moral objectives.There is much in this approach with which I can agree, and some with which I cannot. I agree that there is much in Kant's general conception of reflective judgment that illuminates his conception of judgments of beauty, yet I do not think that the principle of taste is analogous to the principle of the purposiveness of nature, because it does not play a role in making particular judgments of taste analogous to the role the latter principle plays in the conduct of scientific inquiry. My own interpretation of Kant's model for making particular judgments of taste is not fundamentally different from that which Allison offers under the rubric of the quid facti, although we disagree about which of the four "moments" of the "Analytic of the Beautiful" are part of the meaning of a judgment of beauty and which function more as grounds for making judgments with such a meaning. But I am not persuaded by Allison's defense of Kant's deduction of pure judgments of taste, that is, his answer to the quid juris, from the objections that I and others have raised to it. Finally, although there are large areas of agreement between our interpretations of Kant's theory of intellectual interest in the beautiful, the claim that aesthetic experience is evidence of nature's amenability to the realization of the ends that we adopt in the name of morality is only part of the story that Kant develops in the Critique of Aesthetic... (shrink)

Human beings orient themselves in the world via judgments; factual, moral, prudential, aesthetic, and all kinds of mixed judgments. Particularly for normative orientation in complex and contested contexts of action, it can be challenging to form judgments. This paper explores what one can reasonably expect from a theory of the power of judgment from a Kantian approach to ethics. We reconstruct practical judgments on basis of the self-reflexive capacities of human beings, and argue that for the subject to see (...) himself as committed to prudential goods it is necessarily implied that he understands himself as committed to moral judgment. However, to understand the normativity of understanding oneself as a being with practical commitments at all, the aesthetic judgment is introduced: the power of judgment in its pure form of selfreflexivity. We claim that aesthetic reflection and judgment is conditional on the possibility for human beings to enter the space of reasons, and therewith for practical self-understanding as such. The paper concludes with a preliminary sketch of different conceptual possibilities in fleshing out the role of the power of judgment in its aesthetic employment in developing mixed judgments. (shrink)

The article argues that altruistic giving based on anonymity, which is expected to promote social solidarity and block trade in human body parts, is conceptually defective and practically unproductive. It needs to be replaced by a more adequate notion which responds to the human practices of giving and receiving. The argument starts with identification of the main characteristics of the anonymous altruistic donation: social separation of the organ donor from the recipient, their mutual replaceability, non-obligatoriness of donation, and non-obligatoriness of (...) reciprocation on the recipient’s part. Since these characteristics are also central to typical market relations, anonymous altruistic donation not only cannot promote solidarity but may encourage proposals for markets of transplantable organs. Thus, transplant ethics needs to be reframed. It needs to be rooted in, rather than promote, the practices of giving and receiving known to human societies. As the basis for such reframing, the idea of sharing in another’s misfortune is proposed. It relies on the human practices of giving and receiving and, with appropriate regulatory safeguards, can provide a better conceptual basis for blocking commercial exchanges of human body parts. (shrink)

Aim of this paper is to support the view that all human practical identities are contingent by arguing against the view that there is at least one necessary practical identity shared by all human beings, namely Humanity. The view that Humanity is a necessary practical identity is explicitly defended by Christine M. Korsgaard (Korsgaard, C. M. 1996. The Sources of Normativity, edited by O. O’Neill. Cambridge: Cambridge University Press; Korsgaard, C. M. 2009. Self-Constitution: Agency, Identity, and Integrity. (...) New York: Oxford University Press) and indirectly by Marya Schechtman (Schechtman, M. 2014. Staying Alive: Personal Identity, Practical Concerns, and the Unity of a Life. New York: Oxford University Press). Korsgaard understands Humanity both in terms of pure self-legislation, and as deep sociality. In the first case, Humanity as self-legislation faces what I call ‘Existential dilemma’: either Humanity has specific content, typical of contingent practical identities, but stops being necessary for all human beings; or Humanity is emptied of its content and is conceived of as necessary self-legislation, but stops being a practical identity. In the second case, i.e., Humanity as deep sociality, Korsgaard confuses the necessary natural fact that human beings are social creatures, with contingent contexts of human socialization, which are the true sources of specifically human practical identities. I articulate this confusion in the guise of what I call ‘Nature/nurture dilemma’, which also applies to the morally neutral account of human personhood advocated by Schechtman (Schechtman, M. 2014. Staying Alive: Personal Identity, Practical Concerns, and the Unity of a Life. Oxford University Press). In conclusion, I address the worry that without the necessary practical identity of Humanity we might not be able to extend our practical and moral concerns to distant fellow human beings by sketching an alternative path to extend such concerns. (shrink)

Normative judgments are typically subject to emotional reasons that cannot be justified by reference to facts alone. As a result, practical disputes sometimes go unsettled in ways that support James Lenman's view of moral inquiry as politics. An important consequence is that reasonableness is often preferable to truth as a criterion of good practical judgment. Although the role of emotions suggests metaethical expressivism as preferable to realism for analysing practical reasoning, reasonableness transforms expressivism from a form of (...) noncognitivism into a theory that recognizes cognitively rich forms of approval and disapproval. Defensible normative intuitions have good justifying reasons even when these reasons permit faultless differences of political opinion and ethical practice. Despite implying deep normative pluralism, however, a cognitivist form of expressivism explains how deliberative agents can construct and maintain reasonable moral communities. (shrink)

How do we form aesthetic judgements? And how should we do so? According to a very prominent tradition in aesthetics it would be wrong to form our aesthetic judgements about a particular object on the basis of anything other than first-hand acquaintance with the object itself (or some very close surrogate) and, in particular, it would be wrong to form such judgements merely on the basis of testimony. Further this tradition presupposes that our actual practice of forming aesthetic judgements typically (...) meets, or at least approximates, this ideal. In this paper I target this descriptive claim and argue—by appeal to some empirical work concerning belief polarization and echo chambers in aesthetics—that our actual practice of forming aesthetic judgements is heavily dependent on social sources such as testimony. I then briefly consider what normative implications this descriptive claim may have. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Authority, Reading, Reflexivity: Pierre Bourdieu and the Aesthetic Judgment of KantKoenraad Geldof (bio)Translated by Alex Martin (bio)1. AuthorityFor some time now, Pierre Bourdieu has been a true author 1 —a producer, in other words, of an impressive number of theoretical and analytical discourses in a wide variety of research fields. 2 Whether in anthropology or ethnology, in the sociology of institutions or of the structure and workings of the (...) market of symbolic goods, or in the sociology of literature, the name Bourdieu imposes itself: it establishes authority. Contributing to this is another particularity quite typical of authority: it gets itself talked about; it generates, at accelerated speed, discourses that in one way or another (re-)produce and thus reinforce the authority of the author who was their point of departure and origin. The international proliferation of articles dealing with one aspect or another of Bourdieu’s thought, 3 essay collections, 4 and introductions to Bourdieu’s work 5 testifies to this. The intensity of metadiscursive production not only gives material form to the intrinsic analytic pertinence and richness of the discourse on which it comments—these are evident—but also shows, independent of the pieces’ intentions, that the proliferation is situated in a process of (re-)production of authority, that it is an integral part of a canonizing effort. The articles and introductions problematize, implicitly or explicitly, the direct accessibility of Bourdieu’s discourse. They make the oeuvre into a complex totality, difficult and diversified to the extreme, whose coherence can be revealed only with the help of a gradual, exegetic, and essentially submissive reading practice.To put it another way, and to examine the question more closely, the metadiscursive (re-)production of the authority of the author we call Pierre Bourdieu reveals itself to be [End Page 20] ambivalent: it is at once innovative—it invites the uninitiated to get to know a fascinating new universe of thought—and authoritarian, indeed even conservative. An introduction is never a simple mediation of discourse between an author and his or her potential readers: it provides a sort of user’s guide, it (re-)produces a reading habitus, an ideology of the correct interpretation the reader must learn and interiorize to be able to distinguish orthodox from false, heterodox, readings. Between the metadiscourse/commentary and the authority it discusses, a relationship of tautological circularity is established that surreptitiously transforms the discourse read into a legend (into what must be read): the possibility of an autonomous reading practice is erased by a pedagogy of legendary decoding. 6The authority of an author, that of Bourdieu for example, is consequently implicated in a dynamic of opening (the proliferation of metadiscourses) and closing (the tendency to discipline reading, to make it obey certain norms of legibility). It would be erroneous, however, to attribute the paradoxical aspect of authority simply to the ambivalent effect of metadiscourses/commentaries. This is because authors who establish authority can only rarely escape the canonizing efforts of which they are the object: in many cases, authors themselves participate in the production and reproduction of a mode of reading and interpretation judged to be legitimate. The fact that no authority can completely and exhaustively control its discursive and institutional space does not in any way contradict, therefore, that other distinctive and essential feature of authority: its intrinsic animation by a desire to control, by the desire to see itself respected. Authority wants to become Law and be recognized as such. Thus the tendency of certain authors to become actively involved in the modes of appropriation of their name and their discourses, to endeavor to make the reading of the author’s work not simply an act of connaissance but also a proof of reconnaissance. Authority detests being insufficiently or poorly known. Let us take the case of Bourdieu. As an author, he is first and foremost the one to whom we owe Raisons pratiques, La distinction, Homo academicus and Les règles de l’art, the producer, in other words, of a series of momentous works that, upon publication, established authority. Furthermore, Bourdieu is also the author of a considerable number of accompanying discourses, dominated by the... (shrink)

ABSTRACTCalls to prioritize practice in the study of religion typically claim that attention to lived practices rather than merely to ‘belief’ is needed if a given religious tradition or instance of religiosity is to be understood. Within that broad ambit, certain empirical researchers, as well as some Wittgenstein-influenced philosophers of religion, investigate the diversity of religious practices without passing judgement, whereas certain other philosophers foreground a narrower selection of examples while deploying moral criteria to distinguish acceptable from unacceptable religion. Characterizing (...) this methodological divergence in terms of descriptive versus normative orientations, the present article argues that while attention to practice is indeed vital, the imposition of normative evaluation is liable to inhibit an appreciation of the radical plurality of religious phenomena. (shrink)

This paper offers an account of the historical development of Kant's understanding of belief ( Glaube ) from its early ties to George Friedrich Meier's Auszug aus der Vernunftlehre through various stages of refinement. It will be argued that the Critique of Pure Reason reflects an important but not final stage in Kant's understanding of belief. Its structure is further refined and its scope narrowed in later works, including the Critique of Practical Reason and Critique of Judgment . (...) After charting these stages, an analysis of how belief relates to the Fact of Reason will be presented. (shrink)

In an attempt to explore the role of argumentation in scientific inquiry, I explore the conception of argument that appears fruitful in the light of the recent trends in the philosophy of science, away from logical empiricism, and toward a greater emphasis on change, disagreement, and history. I begin by contrasting typical instances philosopers’ theories of both empiricism and apriorism, with typical instances of scientists’ uses of these two attitudes, suggesting that such practice shows a judiciousness lacking in epistemological theory. (...) Then I examine at some length three important version of scientific judgement, namely Einstein's opportunism, Boltzmann's pluralism, and Huygens's eclecticism. I go on to discuss some recent work in the philosophy of science, exploring connections between the notion of judgment and Feyerabend's anarchism, Harold Brown's view of rationality, and Dudley Shapere's analysis of scientific change. All of this suggests a notion of argument in the sense of informallogic, and I examine some aspects of Galileo's work in its terms. (shrink)

Reasoning and judgement in health care entail complex responses to problems whose demands typically derive from several areas of specialism at once. We argue that current evidence- or value-based models of health care reasoning, despite their virtues, are insufficient to account for responses to such problems exhaustively. At the same time, we offer reasons for contending that health professionals in fact engage in forms of reasoning of a kind described for millennia under the concept of wisdom. Wisdom traditions refer to (...) forms of deliberation which combine knowledge, reflection and life experience with social, emotional and ethical capacities. Wisdom is key in dealing with problems which are vital to human affairs but lack prescribed solutions. Uncertainty and fluidity must be tolerated in seeking to resolve them. We illustrate the application of wisdom using cases in psychiatry, where non-technical aspects of problems are often prominent and require more systematic analysis than conventional approaches offer, but we argue that our thesis applies throughout the health care field. We argue for the relevance of a threefold model of reasoning to modern health care situations in which multifaceted teamwork and complex settings demand wise judgement. A model based on practical wisdom highlights a triadic process with features activating capacities of the self, other and aspects of the problem itself. Such a framework could be used to develop current approaches to health care based on case review and experiential learning. (shrink)

Necessity can be ascribed not only to propositions, but also to feelings. In the Critique of Judgment (KdU), Immanuel Kant argues that a feeling of beauty is the necessary satisfaction instantiated by the ‘free play’ of the cognitive faculties, which provides the grounds for a judgment of taste (KdU 5:196, 217-19). In contradistinction to the theoretical necessity of the Critique of Pure Reason and the moral necessity of the Critique of Practical Reason, the necessity assigned to a judgment (...) of taste is exemplary necessity (KdU 5:237). Necessity can also be assigned by employing the de re/de dicto distinction, namely, by ascribing entailments of what must necessarily hold to either a thing (de re) or to a proposition (de dicto). Although Kant does not use the distinction in any of the three Critiques, this omission has not prevented Kant scholars from applying the distinction in their analyses of the first two Critiques. In this paper, I examine the role that modality plays in Kant’s third Critique and I attempt to bring the de re/de dicto distinction to bear on Kant’s famous aesthetic theory. Ultimately, I perform a retrospective classification of the modality of taste by arguing that because a judgment of taste is not a statement about an objective fact, a judgment of ‘x is beautiful’ can only be read as de dicto necessary. (shrink)

Current disputes over the nature and purpose of the university are rooted in a philosophical divide between theory and practice. Academics often defend the concept of a university devoted to purely theoretical activities. Politicians and wider society tend to argue that the university should take on more practical concerns. I critique two typical defenses of the theoretical concept—one historical and one based on the value of pure research—and show that neither the theoretical nor the practical concept of (...) a university accommodates all the important goals expected of university research and teaching. Using the classical pragmatist argument against a sharp division between theory and practice, I show how we can move beyond the debate between the theoretical and practical concepts of a university, while maintaining a place for pure and applied research, liberal and vocational education, and social impact through both economic applications and criticism aimed at promoting social justice. (shrink)

The concept of Triebfeder, commonly translated into English as “incentive,” plays a crucial role in Kant’s moral philosophy. In the Critique of Practical Reason, in which a whole chapter is dedicated to the Triebfedern of pure practical reason, Kant argues that the moral law is not only the objective determining ground of the will but also functions as a Triebfeder, that is, as a subjective determining ground of the will. Kant’s concept of Trieb, by contrast, is much (...) less clearly defined, and its meaning remains in many ways ambivalent. In the second part of the Critique of the Power of Judgment, for instance, Kant refers to Blumenbach’s idea of Bildungstrieb in order to describe the unique formative powers of organic nature. This chapter offers a detailed comparison of the two etymologically related but philosophically distinct conceptions of Triebfeder and Trieb and draws special attention to the shift of focus that occurs in the third Critique. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Prudence: Classical Virtue, Postmodern PracticeFrancis A. BeerPrudence: Classical Virtue, Postmodern Practice. Ed. Robert Hariman. University Park: Pennsylvania State University Press, 2003. Pp. xi + 337. $65.00, cloth."Would it be prudent?" The phrase echoes in memory, linking Dana Carvey from Saturday Night Live to the presidency of the first George Bush. Robert Hariman has been wrestling with prudence for over a decade, and he has now produced a powerful (...) volume that brings together not only his thoughts but also those of a number of other distinguished authors. The result is a book that will become a standard reference for those interested in prudence.The subtitle, Classical Virtue, Postmodern Practice, and the title of the first chapter, "Theory without Modernity," give some idea of the subtexts that drive the book. This is a book about prudence, and more. It is about virtue in classical, modern, and postmodern settings. It is about the dynamic complexity of practice—decision, judgment, and action in public and private life.Hariman gives us a definition: "Prudence is a mode of reasoning about contingent matters in order to select the best course of action" (5). That would be too easy. He also surrounds prudence with a penumbra of related words to broaden our understanding of the complex lattice of semantic meaning. Our legacy from the Greek and Roman lexicon includes words like phronesis and prudentia. Contemporary nouns involve cautiousness, circumspection, and care. Related adjectives are "careful, judicious, tactful, discerning, sensible, frugal, wise, sage, level-headed, balanced, moderate, politic, practical pragmatic, expedient" (vii). These synonyms, for Hariman, describe a narrow, modern form of prudence, part of the calculative tradition inherited from Aristotle, that ultimately leads to the saddle points of rational choice. They are, however, only a part of the story. Hariman aims to relieve their "stodginess" by recovering the performative tradition of prudence from Cicero. Prudence, from this perspective, is defined not just abstractly as a set of rules but more dynamically as a set of roles. Prudence includes character, and is performed by characters. Pericles in Athens is an iconic example of superb political leadership that blends the honor of the leader with the glory of the state. Prudence combines integrity of the self with respect for others. This is a broad, ambitious interpretation [End Page 176] of prudence. It recuperates not only a classical vision of prudence but also one of politics. It rearranges other virtues to revolve in a constellation around prudence. In this reconstituted form, prudence reemerges to shine as "a crucial element of political leadership," the central political virtue.The book is divided into three parts: "Conceptual Frameworks," "Rhetorical Structures," and "Provisional Networks." All three of the sections are identified in structural terms, which is interesting since Hariman's conception of prudence as a primary political virtue is very agent-centered. The structures, however, provide the settings in which the political observers and actors perform. The first section provides a sample of the rich literature that focuses on philosophical concepts of prudence in earlier times and places. It begins with a chapter by Robert W. Cape Jr. that discusses "Cicero and the Development of Political Practice in Rome." This chapter is critical to the book, since it lays a part of the foundation. It is the first substantive essay and it must also make the case for combining calculative and performative prudence. Cape gives us a fine exposition of prudentia in the Roman context. Interestingly, he suggests that "prudentia is a contraction of providentia, "'foresight.'" (37).The virtue of prudence was typically associated with age and experience. Imprudence, on the other hand, was associated with youth, recklessness, and impropriety (37). Prudence involved knowledge of practical matters, law, and custom as well as proper speech, including rhetoric, and behavior. Prepon mattered. Prudence for Cicero, however, was much more than simply knowing how things work: it was ultimately the extended performance of justice on the public stage. The next chapter, by Eugene Garver, entitled "After Virtù: Rhetoric, Prudence, and Moral Pluralism in Machiavelli," moves the story of prudence from the late classical to the early modern period. As the title indicates, Garver's concern is also with the relation of... (shrink)

The construction industry is typically characterized as a fragmented, multi-organizational setting in which members from different technical backgrounds and moral values join together to develop a particular business or project. The most challenging obstacle in the construction process is to achieve a successful practice and to identify and apply an ethical framework to manage the behavior of involved specialists and contractors and to ensure the quality of all completed construction activities. The framework should reflect a common moral ground for myriad (...) people involved in this process to survive and compete ethically in today’s turbulent construction market. This study establishes a framework for moral judgment of behavior and actions conducted in the construction process. The moral framework provides the basis of judging actions as “moral” or “immoral” based on three levels of moral accountability: personal, professional, and social. The social aspect of the proposed framework is developed primarily from the essential attributes of normative business decision-making models identified in the literature review and subsequently incorporates additional attributes related to professional and personal moral values. The normative decision-making models reviewed are based primarily on social attributes as related to moral theories. The professional and moral attributes are established by identifying a set of common moral values recognized by professionals in the construction industry and required to prevent common construction breaches. The moral framework presented here is the complementary part of the ethical framework developed in Part I of this article and is based primarily on the personal behavior or the moral aspect of professional responsibility. The framework can be implemented as a form of preventive personal ethics, which would help avoid ethical dilemmas and moral implications in the first place. Furthermore, the moral framework can be considered as a decision-making model to guide actions and improve the moral reasoning process, which would help individuals think through possible implications and the consequences of ethical and moral issues in the construction industry. (shrink)

The historical profession is not noted for examining its own methodologies. Indeed, most historians are averse to historical theory. In "Historical Judgement" Jonathan Gorman's response to this state of affairs is to argue that if we want to characterize a discipline, we need to look to persons who successfully occupy the role of being practitioners of that discipline. So to model historiography we must do so from the views of historians. Gorman begins by showing what it is to model a (...) discipline by using recent philosophy of law and philosophy of science. There are different models at work, whose rivalry and resolution are to be historically understood. With this approach in place he is able to develop the history of historiography and explore the character of historiography as presented by historians. He reveals that historians conform to various norms - that historians now and in the past have agreed and disagreed about the same set of interrelated matters: truth-telling, moral judgement and the synthesis of facts - and it is this internal understanding that we need to recover if we are to arrive at a correct characterization of the discipline of historiography. Demonstrating how the practice of historiography requires choices and therefore the exercise of judgement, Gorman is able to show that in their making of judgements historians enjoy the immense benefit of hindsight. He shows how, in reflecting on their own discipline, historians have typically failed to attend adequately to the history of historiography, neglecting to situate previous historians within their historical contexts, or to pay adequate attention to the fact that present historians, too, are within a context that will change. In addition, Gorman's approach, which emphasizes the power and necessity of choice, and which rests on the pragmatic holistic empiricism of Quine, shows postmodernism not to be the threat that some historians feel it to be, indeed, it is shown to be a radical form of empiricism. Gorman shows how the historical enterprise may be established in our factual and moral understanding in the light of our choices and commitments to a shared world. "Historical Judgement" is an original and important contribution to the philosophy of history. By bringing together the ideas of historians and philosophers, Gorman presents a much more practitioner-focused examination of the discipline of history, one that will, hopefully, encourage historians to think more about the nature of what they do. (shrink)

In this paper I argue that if one is to do justice to reason's unity in Kant, then one must acknowledge that reason's practical ends are presupposed in every theoretical investigation of nature. Thus, contrary to some other commentators, I contend that the notion of the metaphysical ground of the unity of nature should not be attributed to the “dynamics of reason” and its “own practical purposes.” Instead, the metaphysical ground of the unity of nature is in fact (...) an indispensable and necessary notion for reason in both its theoretical and practical functions, but this need of reason to presuppose such a notion can only find its adequate proof in the practical. By offering a synopsis of Kant's accounts of nature's systematicity in the Transcendental Ideal of the Critique of Pure Reason (Part I), the Appendix to the Dialectic of the Critique of Pure Reason (Part II), and in the Critique of Judgment (Part III), I identify in each section Kant's theoretical and practical arguments for reason's presupposition of the “unconditioned,” demonstrate their structural interdependence, and show a general continuity in Kant's position on this issue throughout his critical system. (shrink)

This issue of Ethical Perspectives is strongly illuminated by two themes: moral impulse and critical citizenship. Of course, these themes are related – without a critical faculty, the moral impulse is not possible, and impulse, conversely, can be seen as leading toward critique. This is no vicious circle, nor mere tautology – rather, they are both moments of the truly autonomous individual, where the autonomy of the individual is not seen as isolation, but rather as an individual responsibility to and (...) within a society. Hence, a moral impulse fuelled by the individual critic is not enough; criticism must be framed within critical citizenship.Since our schizophrenic age fears for desensitivity, a fear best expressed in our age’s various flavours of political correctness, while it actively or at least tacitly posits this very desensitivity in its canonization of a purely formal ‘freedom to,’ a canonization best exhibited in the extreme examples of reality television, these intertwined themes are of extreme importance, and thus deserve close explication and discussion.I will let the pieces below provide this discussion, but permit me at least to set the table. As Michael Hauskeller so clearly argues in these pages, moral disgust is the moral impulse towards formal ethics, in the sense that it is the initial and immediate moral reaction that normatively colours our comportment with the outside world. I may know or think I know that something is wrong, or right, without giving this impulse a reason. This is not the ethical certitude of Bradley, but it is close in that both Bradley and Hauskeller would argue that the initial feeling need not be explained away, but rather deserves due respect. Moral disgust can clearly be misplaced, and clearly it can fail to withstand ethical scrutiny, but as impulse, it shakes us out of mere consciousness and moves us toward some sort of normativity. In this sense, it is always morally relevant.Lisa Bortolotti joins this discussion by arguing that no moral justification exists for reserving rights to humans. The moral impulse must be widened. At first, her approach comes across as opting for the typical agenda of preference-satisfaction utilitarianism: she wishes to extend the realm of rights in the name of safeguarding the power of reason and autonomy of individuals, who, she argues, are not always human. But then she offers something atypical in this debate: the very safeguarding of the power of reason and autonomy also applies to those who are often seen as marginal humans and thus excluded from in other strands of preference utilitarianism.Co-authors T. Brian Mooney and Samantha Minett apply the question of moral disgust to the question of life-science art, a new form of expression that merges biotechnology with the aesthetic. Like most forms of art that have emerged in recent generations, life-science art sees its task in the questioning of assumptions, which, of course, is a break from past ideas of aesthetics. Mooney and Minett turn their attention to this nascent field and ask: are there good grounds to translate our putative moral disgust at the fanciful and aesthetic use of biotechnology, such as pigs with wings and glowing rabbits? Turning first to utilitarianism and then to Thomastic virtue ethics, they argue clearly: yes, there are.Christian Arnsperger then kicks off our second related theme by posing a simple but profound question: why do English speakers refer to anti-globalism, whereas French speakers refer to alter-mondalism ? This French viewpoint would seem to call for critical global citizens who do not shirk from the increasing interconnectivity of our world, but who also do not take its current form as the inevitable development of immutable laws. Instead, such critical citizenry is called to see the current capitalist framework as an ideology, and as such, as liable to change, a change that citizens themselves can effect.Moving from theory to practice, Andrew Fiala rounds off this issue by giving us an example of critical citizenry, which he sees in just war pacifism. He argues that citizens must not capitulate to political or military authority in judging the justness of war, either regarding ad bellum judgements, or in bello actions. Moreover, seemingly just ad bellum decisions also deserve close scrutiny, largely because once the fog of war descends, in bello actions quickly eclipse justice. For this reason, he argues, a critical citizen should anticipate war crimes and thus be strongly reluctant to authorize war – an authorization that, in democratic societies, ultimately lies in the hands of the citizens themselves through the electoral process.Thus, this number quite clearly furthers the mission of Ethical Perspectives, which is to promote the international dialogue between fundamental and applied ethics. Providing articles written on three separate continents and addressing three of the most characteristic aspects of our age on top of a background well painted by their companion theoretical pieces, our authors once again invite you to take stock of where our world finds itself today. And then, to take action. (shrink)

The chapter first discusses the general meaning of a 'doctrine of method' in Kant’s work, as well as the specific goals of the Doctrine of Method of the second Critique. The central section, then, focuses on the notion of 'receptivity to morality', which here has a central role and a quite distinct meaning. I argue that Kant’s main point in his account of how to 'make objective practical reason subjectively practical' (5:151) is that one ought to lead the (...) individual agent to become aware of his own dignity as a moral being. In Kant’s view, recognition of this point is relevant to the overall aim of the second Critique – to show that pure reason is practical – and of moral theory itself. The task of the Doctrine of Method is to show how it is possible to make agents aware of their basic moral capacities, and through that awareness to instil genuine moral dispositions. Accordingly, the Doctrine of Method is the completion of the Critique, confirming the conclusions of the Analytic through the common use of pure practical reason and connecting them with the experience of every moral agent. (shrink)

This dissertation examines the conceptual limitations of Kant's ethical theory with the purpose of assessing its suitability as a model of practical philosophy based upon the idea of autonomy. My aim is not only to exhibit the specific weaknesses in Kant's treatment of morality, but also to explore a contrast between two different approaches in ethical theory. This contrast can be characterized in terms of an opposition between a 'formal-individualistic' and a 'social-historical' model for the analysis and derivation of (...) ethical principles. The crucial problem here is whether an ethical theory can be constructed on the exiguous basis of concepts such as the 'rationality' or 'freedom' of the will, or whether it requires an insight into the connection between moral principles and specific conditions of historical and social life that constitute the real foundation of moral judgment. ;The dissertation is composed of four chapters. In Chapter One I consider the deficiencies in Kant's treatment of the historical and temporal dimensions of moral volition. I focus especially upon his neglect of the conditions of historical genesis that underlie the framework of moral concepts he analyzes. In the second and third chapters I examine Kant's failure to attend to the social dimension of morality and distinguish two separate parts to this objection: difficulties resulting from his restriction of the scope of moral freedom to the domain of an agent's inner intentions, so that a consideration of the consequences of action is excluded, and problems arising from his monological interpretation of the universalization procedure. Finally, in Chapter Four I argue that Kant's neglect of the historical and social dimensions of morality is by no means accidental. Rather, it is a function of his reliance upon a two-world metaphysical framework in which moral principles are understood essentially as the laws governing a purely rational, non-natural order. The dependence of Kant's ethical theory upon 'problematic' metaphysical premises--particularly in his justification of the moral law--suggests that the two dimensions he excludes from his analysis--history and society--must be integrated within it in order to yield a more convincing elaboration of the basic concepts of morality. (shrink)