Past research showed that the ability to focus on one’s internal states positively correlates with the self-regulation of behavior in situations that are accompanied by somatic and/or physiological changes, such as emotions, physical workload, and decision-making. The analysis of moral oriented decision-making can be the first step for better understanding the legal reasoning carried on by the main players in the field, as lawyers are. For this reason, this study investigated the influence of the decision context and interoceptive manipulation on (...) the moral decision-making process in the legal field gathering the responses of two groups of lawyers. A total of 20 lawyers were randomly divided into an experimental group, which was explicitly required to focus the attention on its interoceptive correlates, and a control group, which only received the general instruction to perform the task. Both groups underwent a modified version of the Ultimatum Game, where are presented three different moral conditions and three different offers. Results highlighted a significant increase of Acceptance Rate in those offers that should be considered more equal than fair or unfair ones, associated with a general increase of Reaction Times in the equal offers. Furthermore, the interoceptive manipulation oriented the Lawyers toward a more self-centered decision. This study shows how individual, situational, contextual, and interoceptive factors may influence the moral decision-making of lawyers. Future research in the so-called Neurolaw field is needed to replicate and expand current findings. (shrink)

In this philosophically sophisticated and historically significant work, John H. Zammito reconstructs Kant's composition of The Critique of Judgment and reveals that it underwent three major transformations before publication. He shows that Kant not only made his "cognitive" turn, expanding the project from a "Critique of Taste" to a Critique of Judgment but he also made an "ethical" turn. This "ethical" turn was provoked by controversies in German philosophical and religious culture, in particular the writings of Johann Herder (...) and the Sturm und Drang movement in art and science, as well as the related pantheism controversy. Such topicality made the Third Critique pivotal in creating a "Kantian" movement in the 1790s, leading directly to German Idealism and Romanticism. The austerity and grandeur of Kant's philosophical writings sometimes make it hard to recognize them as the products of a historical individual situated in the particular constellation of his time and society. Here Kant emerges as a concrete historical figure struggling to preserve the achievements of cosmopolitan Aufkl-rung against challenges in natural science, religion, and politics in the late 1780s. More specifically Zammito suggests that Kant's Third Critique was animated throughout by a fierce personal rivalry with Herder and by a strong commitment to traditional Christian ideas of God and human moral freedom. "A work of extraordinary erudition. Zammito's study is both comprehensive and novel, connecting Kant's work with the aesthetic and religious controversies of the late eighteenth century. He seems to have read everything. I know of no comparable historical study of Kant's Third Critique."-Arnulf Zweig, translator and editor of Kant's ;IPhilosophical Correspondence, 1759-1799;X "An intricate, subtle, and exciting explanation of how Kant's thinking developed and adjusted to new challenges over the decade from the first edition of the Critique of Pure Reason to the appearance of the Critique of Judgment. "--John W. Burbidge, Review of Metaphysics "There has been for a long time a serious gap in English commentary on Kant's Critique of Judgment Zammito's book finally fills it. All students and scholars of Kant will want to consult it."--Frederick Beiser, Times Literary Supplement. (shrink)

How developing a more expansive, non-formal conception of reason produces richer ethical understandings of human situations, explored and illustrated with many real examples. In Re-Reasoning Ethics, Barry Hoffmaster and Cliff Hooker enhance and empower ethics by adopting a non-formal paradigm of rational deliberation as intelligent problem-solving and a complementary non-formal paradigm of ethical deliberation as problem-solving design to promote human flourishing. The non-formal conception of reason produces broader and richer ethical understandings of human situations, not the simple, constrained depictions provided (...) by moral theories and their logical applications in medical ethics and bioethics. Instead, it delivers and vindicates the moral judgment that complex, contextual, and dynamic situations require. Hoffmaster and Hooker demonstrate how this more expansive rationality operates with examples, first in science and then in ethics. Non-formal reason brings rationality not just to the empirical world of science but also to the empirical realities of human lives. Among the many real cases they present is that of how women at risk of having children with genetic conditions decide whether to try to become pregnant. These women do not apply the formal principle of maximizing expected utility (as advised by genetic counselors) and instead imagine scenarios of what their lives could be like with an affected child and assess whether they could accept the worst of these scenarios. Hoffmaster and Hooker explain how moral compromise and a liberated, extended, and enriched reflective equilibrium expand and augment rational ethical deliberation and how that deliberation can rationally design ethical practices, institutions, and policies. (shrink)

People often judge trustworthiness based on others’ faces (e.g., facial expression and facial gender). However, it is unclear whether social context plays a moderating role in forming trustworthiness judgments. Based on the emotions as social information (EASI) model, differing contexts may impact the effect of facial expression; however, there is no evidence demonstrating that differing contexts will or will not influence the effect of facial gender. In this study, we used two experiments to examine how facial expression and facial gender (...) affect facial trustworthiness judgments and whether the effects on facial trustworthiness judgments are consistent in cooperative and competitive settings. Twenty-seven undergraduates (14 female; Mage = 21.81 years, SD = 2.66) participated in experiment 1. The results showed significant main effects of facial expression and facial gender as well as the interaction between them. To examine the social context effect, 28 undergraduates (18 female; Mage = 20.93 years, SD = 2.94) participated in experiment 2. The results showed the main effects of facial expression, facial gender, and social context. Moreover, there was a significant interaction between facial gender and facial expression and a marginally significant interaction between social context and facial expression. These results suggest that in the process of judging facial trustworthiness, individuals’ judgments are affected by both facial expression and facial gender. Furthermore, the effect of facial gender on facial trustworthiness judgments presents cross-situational stability, and the role of facial expression is influenced by the settings. These findings support and expand the EASI model. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...) due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

This paper argues that moral judgment is suffering at the hands of instrumental rationality and identity thinking, concepts from the tradition of the Frankfurt School of Critical Theory that help explain degradations in human relations. These concepts are not new, but they are realized in novel ways, and the implications continue to be significant, contributing to human suffering and prominent anti-intellectual sentiment. Working through the shared intellectual ground of Adorno, Edmundson, Stivers, and Ellul, the paper takes a critical look (...) at our culture through the objectification of genuine human relations that comes with techno-rational prioritization. The endpoint of such a culture is the compromise of human subjectivity in the service of efficiency, objectivity, and measurability. Extending the analysis to educational practice, Joas’s notion of situational creativity and Dewey’s aesthetics are proposed as possible points of resistance, highlighting positive actions to be taken to remediate these narrow and dehumanizing phenomena. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes in (...) the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)

abstract In this paper we question the basis on which judgements are made about the ‘quality’ of the lives of people whose embodied experience is anomalous, specifically in cases of impairments. In moral and political philosophy it is often assumed that, suitably informed, we can overcome epistemic gaps through the exercise of moral imagination: ‘putting ourselves in the place of others’, we can share their points of view. Drawing on phenomenology and theories of embodied cognition, and on empirical studies, we (...) suggest that there are barriers to imagining oneself differently situated, or imagining being another person, arising in part from the way imagination is constrained by embodied experience. We argue that the role of imagination in moral engagement with others is to expand the scope of our sympathies rather than to enable us to put ourselves in the other's place. We argue for explicit acknowledgement that our assessments of others’ QOL are likely to be shaped by the specifics of our own embodiment, and by the assumptions we make as a consequence about what is necessary for a good quality of life. (shrink)

“It's almost like putting salt in a wound, for this person who's already made a very difficult decision,” suggested Meghan Patterson, a licensed obstetrician-gynecologist whom we interviewed in our qualitative study of the experiences of North Carolina abortion providers practicing under the state's Woman's Right to Know Act. The act requires that women receive counseling with state-mandated information at least twenty-four hours prior to obtaining an abortion. After the law was passed, Patterson worked with clinic administrators, in consultation with a (...) lawyer, to write a script to be used in the state-mandated counseling procedure. She and her colleagues took particular steps to mitigate the effects of what she described as HB 854's “forced language”—such as referring to the “father of the child.” While HB 854 stipulated that patients must be informed of the medical risks associated with the particular abortion procedure as well as those of carrying the child to term, Patterson's script made explicit the magnitude of comparative risks, emphasizing that the risks of carrying a pregnancy to term are substantially greater than the risks of an early-term abortion. She felt that these contextualization strategies helped to facilitate trust and rapport in a clinical care situation that proved relationally and morally challenging. In this article, we take up and expand on this point by elucidating an empirically grounded approach to ethically justified care when health care providers face legal or institutional policy mandates that raise possible moral conflicts. Our approach builds on recent bioethics discourse addressing conscience in the practice of medicine. While the concept of conscience has broad philosophical underpinnings relating to moral judgment, agency, and discernments of right and wrong, debates in bioethics have tended to engage the concept primarily vis-à-vis rights of conscientious objection or refusal. Here, we suggest a broader frame for thinking about claims of conscience in health care. Our approach draws on the feminist bioethics and the ethics of care literatures to highlight how providers may be motivated by matters of conscience, including relational concerns, in the active provision of certain forms of care. What emerges are two possibilities: not only conscientious refusal to comply with a policy mandate but also conscientious compliance—working conscientiously within a mandate's confines. (shrink)

In light of grand societal challenges, most recently the global Covid-19 pandemic, there is a call for research on responsible leadership. While significant advances have been made in recent years towards a better understanding of the concept, a gap exists in the understanding of responsible leadership in emerging countries, specifically how leaders resolve prevalent moral dilemmas. Following Werhane, we use moral imagination as an analytical approach to analyze a dilemmatic stakeholder conflict through the lense of different responsible leadership mindsets and (...) in light of different ethical principles and moral background theories. Based on this analysis, we arrive at a tentative moral judgement, concluding that the instrumental approach is morally inferior and recommending the integrative approach as the morally superior choice. In the subsequent discussion—focussed on what “could” be done, we apply the integrative script and use moral imagination as a pathway for generating morally justifiable solutions. Through this analysis, we provide novel insights on how to apply an integrative responsible leadership approach to a stakeholder conflict situation, using the single case study to expand the responsible leadership discussion to emerging markets. (shrink)

Previous theory and research on bounded rationality has emphasized how limited cognitive resources constrain people from making utility maximizing choices. This paper expands the concept of bounded rationality to consider how people’s rationality may be constrained by their internalization of a qualitatively distinct standard for sound judgment, which is commonly labeled reasonableness. In contrast to rationality, the standard of reasonableness provides guidance for making choices in situations that involve balancing incommensurable values and interests or reconciling conflicting points-of-view. We review (...) recent evidence showing that laypeople readily recognize the distinctions between rationality and reasonableness and thus are able to utilize these as distinct standards to inform their everyday decision-making. The fact that people appear to have internalized rationality and reasonableness as distinct standards of sound judgment supports the notion that people’s pursuit of rationality may be bounded by their determination to also be reasonable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Dewey on Metaphysics, Meaning Making, and Maps James W. Garrison Blueprints and maps are propositions and they exemplify what it is to be propositional.1 [E]very characteristic trait is a quality.... produced and destroyed by existential conditions.2 John Dewey's claim that there are metaphysical generic traits of existence the theory of which provides "a ground-map" for cultural criticism remains controversial. I will work along two intertwining lines to try and (...) clear things up a bit. First, many assume that his reference to a metaphysical map is a metaphor. My paper will show that he uses the idea of a map consistently in many different places throughout his career. Second, my paper will examine how Dewey functionally coordinates ordinary existential traits and their maps within his theory of judgment. We will find that the generic traits and the ground-map of criticism connect in much the same way. Before examining Dewey's theory of judgment, I want to say something about where Dewey's metaphysics fits into his empirical "denotative method." In the conclusion, we wiU look at where metaphysics fits into the architectonic of his entire phUosophy. In between, we wiU examine maps functioning as propositions (especiaUy logical and mathematical universals) as weU as ever-evolving guides to unending inquiry in an unfinished and unfinishable universe. Eventually we wiU see why Dewey insists that "the social" is "The Inclusive PhUosophic Idea." Metaphysics, for Dewey, is simply one tool of cultural criticism among others. First and Last Philosophy in Dewey's Denotative Method Dewey's "denotative method" moves from the immediately given intuitive meanings of qualitative "having" of experience that impart a "sense" of a qualitative, organically whole TRANSACTIONS OFTHE CHARLES S. PEIRCE SOCIETY Vol. 41, No. 4 ©2005 O situation from whence we may select traits, through the experience of "significant " linguistic meanings, such as the propositions of judgment, to the experience of "knowing" as the product of the logical process of inquiry, and back again to primary experience.4 Each phase interpenetrates every 3 other. Here is how Dewey describes the trans-action between primary, noncognitive and secondary, cognitive experience in his original (1925) >■$ introduction to Experience and Nature: ^r There are two avenues of approach to the goal of philosophy. We may " begin with experience in gross, experience in its primary and crude forms ^ [e.g., traits].... Or, we may begin with refined selective products, the a most authentic statements of commended methods of science [e.g., ¿q maps], and work from them back to the primary facts of life. ^ P TT ϕ > Philosophy may start with either immediate existential experience or the 3 experience of mediating meanings. While we may distinguish these two L starting points, we should never construct a dualism from them since both jx occur within experience.6 Dewey explains that "the subject-matter of primary experience sets the problems and furnishes the first data of reflection ""O which constructs the secondary objects of reflection."7 Further, "crude or macroscopic experience" provides the "test and verification" of the secondary objects of reflection. Secondary objects "explain the primary objects, 2 they enable us to grasp them with understanding!'9 The two starting points " differ in direction, but eventually they close to form a circle of expanding? dence. They may then pioneer new pathways, or, having different values, D choose to construct different kinds of maps. ^ Douglas Browning distinguishes "three phases of discussion of the start- 0 ing point."23 The first concerns "the designation of a certain subject matter P1 referred to under the names 'experience' and 'my life'."24 Dewey's empirical « denotative method selects aspects from immediate qualitative experience. The >% second phase involves two things: First, "a reflective moving away from and looking back upon that subject-matter" and, second, "the bringing of a puta- S tive characterization against it." Browning's example of characterization is g "the catalogue of the generic traits of experience." The generic traits are not S antecedent to inquiry; rather they are the products of reflection used to char- 5 ' acterize primary experience. Browning observes that characterization is always ^ provisional; as we wiU find, Dewey insists that the theoretical map proposi- ^ tionaUy representing the existential... (shrink)

Although debates about the shape and future of the built environment are usually cast in economic and political terms, they also have an irreducible ethical component that stands in need of careful examination. This paper is the report of an exploratory study in descriptive ethics carried out in Atlanta, Georgia. Archival sources and semi-structured interviews provide the basis for identifying and sorting the diverse value judgments and value conflicts that come into play in a rapidly growing metropolitan area. The goal (...) of the project is to expand and refine a draft framework for grappling with the ethical complexity of the situations from which individuals and communities make important decisions about their surroundings. The success of the framework is to be measured by its usefulness in informing the judgment of professionals and citizens, and in facilitating a robust normative debate about the built environment. (shrink)

Moral sensitivity affects whether and how we see others, note moral concerns, respond with delicacy, and navigate complex social interactions. Scholars from a variety of fields explore the concept of moral sensitivity and how it develops, beginning with a natural moral capacity for sensitivity towards others that is shaped in a variety of ways through relationships, forms of teaching, and social institutions. Each of these influences alters the capacity as well as one’s responses in complex ways. The concept of moral (...) sensitivity deepens as progressive chapters demonstrate its increasing complexity through development within individuals, over time, as they mature, and as their relationships and social contexts expand. The chapters integrate research from philosophy, psychology, neuroscience, literature, education, and media and technology studies, with key chapters by Darcia Narváez, Nancy E. Snow, Michael S. Pritchard, and Stephen J. Thoma and a Foreword by Owen Flanagan. It is the only comprehensive presentation of interdisciplinary work on moral sensitivity that integrates a theoretical, methodological, and pedagogical analysis. This highly interdisciplinary approach provides a new way of thinking about the relationship of individuals to society and moral sensitivity as a social phenomenon, extending current research in ethics, moral psychology, and psychology toward situated, embodied, and contextual analyses. (shrink)

Plagiarism is a pervasive challenge throughout academia perpetuated by the advent of technology, lack of ethical education, and the ambiguity in its definition. Plagiarism in the United States’ higher education settings has gained more attention over the years as international student population has increased. Considering how higher education institutions are growing as international spaces due to globalization, it is crucial to closely examine ethical issues concerning the diverse and multicultural student population. A prevailing view of plagiarism asserts that international students’ (...) plagiarized texts are influenced by their ethical judgment and cultural backgrounds. This invites the question of whether ethical decision-making processes and cross-cultural perspectives are taken into consideration when instructors encounter instances of plagiarism committed by international or multicultural students. This paper intends to expand on the concept of culture in regard to the ethical dilemmas of plagiarism. Extending the discussions of cross-cultural influences surrounding plagiarism and ethical judgments in higher education, we position ourselves as viewing culture through the expanded lenses of macro- and micro-level cultural practices. In response to the internationalization of higher education, we advocate for changes in higher education curricula and instruction towards more cultural responsiveness and inclusivity. Instead of questioning or criminalizing ethics based on cultural background, especially in the cases of plagiarism committed by international students, we suggest approaching culture using the expanded perspectives of macro- and micro-cultural practices. The paper also provides recommendations for higher education instructors when tackling ethical dilemmas while preventing and managing situations of plagiarism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Moral Dilemmas in Medieval Thought: From Gratian to AquinasTaina M. HolopainenM.V. Dougherty. Moral Dilemmas in Medieval Thought: From Gratian to Aquinas. Cambridge-New York: Cambridge University Press, 2011. Pp. x + 226. Cloth, $90.00.In this book, M.V. Dougherty challenges the assumption that the medieval period of Western ethical thought has little to say concerning the question of moral dilemmas (while [End Page 138] understanding a moral dilemma generally as (...) “any situation in which an agent cannot fulfill all genuine impending moral obligations” [3]). He aims to show that this is not the case by examining debates on the subject of moral dilemma from the twelfth to the fifteenth centuries. According to medieval terminology, an agent in a moral dilemma is considered to be perplexed (perplexus) or to be suffering from perplexity (perplexitas). Dougherty emphasizes the importance to his study of the ontological and objective sense of perplexitas: an agent is said to be confused in the presence of a genuinely dilemmatic situation. The book deals with the topic through a selection of prominent thinkers from the major schools of the period (e.g. Franciscan, Dominican, and Thomistic).Canon law was the first discipline in which systematic discussion of moral dilemmas took place. Accordingly, in chapter 1 Dougherty discusses two opposing views from the twelfth and early thirteenth centuries that were equally authoritative and conveyed the canon law tradition to later medieval thinkers. Gratian asserts, in his Decretum, the existence of genuine moral dilemmas (through conflicts within natural law itself) and counsels agents in those situations to choose the lesser of two evils. Gratian’s views were commented on by many glossators who argued against him in the Glossa ordinaria, contending that moral agents can fulfill all moral obligations, as the well-known maxim “ought implies can” asserts, and so avoid moral wrongdoing. If an agent finds himself in a perplexed state, it is due to his own culpable negligence, never the result of the disordered moral order.In addition to canon law there were other forums for discussions of moral perplexitas. In chapter 2, Dougherty expands the theme to two influential thirteenth-century summaries of theology: the Summa aurea, authored by William of Auxerre, and the Summa Halesiana, associated with Alexander of Hales. In these, Dougherty thoroughly examines a number of dilemma cases and shows both works concluding that moral agents can find themselves trapped in such situations, with some degree of moral wrongdoing being inescapable. The maxim “ought but cannot” is evident, then, in these works. Further, their concrete advice for agents in a moral dilemma is to apply the principle of choosing the lesser evil, or, as William of Auxerre specifies in certain cases, “what obliges more greatly is to be done”; however, his connection between these two principles seems not so clear: why would the choice of that which obliges more be identified with the choice of a lesser evil?Chapter 3 is one of the book’s highlights. It presents the distinctive medieval moral dilemma position of Raymond Lull (ca. 1232–1316) through an analysis of four of Lull’s own dilemmas in his autobiographical work, Vita coaetanea. Dougherty argues that Lull is opposed to the traditional solution of medieval commentators on Lombard, since Lull did not claim that a judgment of conscience, which dictates something contrary to natural law or a command of God, had to be in error. Lull thinks that the world truly is such a place where agents find themselves in dilemmatic situations from which they are unable to escape by their own powers and therefore are in need of divine intervention (“the Divine Intervention resolution”). Dougherty also argues that Lull implicitly appeals to “the Lesser Evil resolution” in one dilemma case.In chapter 4, Dougherty considers passages from Aquinas’s texts in which agents appear to be perplexed. The aim is to confirm Alan Donagan’s interpretation of Aquinas and to reveal the misinterpretations by contemporary theorists who have claimed that Aquinas accepted the view that innocent agents could find themselves in situations of genuine moral dilemmas. According to Aquinas, all real moral dilemmas are generated by some prior moral failure (past misdeed) on... (shrink)

The state is often regarded as an abstract and neutral bureaucratic entity. Against this common sense idea, At the Heart of the State argues that it is also a concrete and situated reality, embodied in the work of its agents and inscribed in the issues of its time. The result of a five-year investigation conducted by ten scholars, this book describes and analyses the police, the court system, the prison apparatus, the social services, and mental health facilities in France. Combining (...) genealogy and ethnography, its authors show that these state institutions do not simply implement laws, rules and procedures: they mobilise values and affects, judgements and emotions. In other words, they reflect the morality of the state. Of immense interest to both social scientists and political theorists, this work will make an important contribution to the ever expanding literature on the contemporary state. (shrink)

The aim of this article is to argue that the principle of “publicity” constitutes a fundamental idea in Kant’s political thought. Publicity provides a central insight that binds together various strands of Kant’s political writings (on issues as diverse as the question of Enlightenment, the right of revolution, historical teleology, reflective judgment, cosmopolitan citizenship, democratic peace, and republican government), and moreover, it offers a much-needed cornerstone for a systematic exposition of his nonexistent political philosophy. Apart from some eminent examples, (...) publicity has been a rather neglected topic in the ever-expanding literature on Kant’s political ideas. Revisiting this notion will make us more attentive to his evocation of the “spirit of republicanism” over and above the letter of the law, and might prompt us to reconsider Kant’s reputation as a classical representative of liberal political thought. Indeed, it should inspire us to situate Kant’s appeal for the “public use of reason” in the vicinity of the republican ideal of political liberty. (shrink)

This article probes the evolutionary origins ofmoral capacities and moral agency. From thisit develops a theory of the guidancesystem of higher mind (GSHM). The GSHM is ageneral model of intelligence whereby moralfunctioning is integrated with cognitive,affective, and conative functioning, resultingin a flow of information between eight brainlevels functioning as an evaluative unitbetween stimulus and response.The foundation of this view of morality and ofcaring behavior is Charles Darwin's theory,largely ignored until recently, of thegrounding of morality in sexual instincts whichlater expand into (...) parental love. Also, PaulMacLean made these same connections in hisdevelopment of the triune brain theory, whichwas founded on observations of both sexual andaffectionate responses from stimulation oflimbic and paleocortical areas (that is, notthe most primitive areas) of monkey brains. This article relates the revolutionary areas ofDarwin and of MacLean together for the firsttime in an way intended to be accessible to arange of social and natural scientists. TheGSHM builds on and expands both of their workto develop a theory of the processing withinour brains of information screened by asequence of systems, social, future, moral,developmental, and managerial ``sensitivities.''Darwin's and MacLean's observations and theGSHM theory developed here argue against theold strict distinction between ``lower''emotional processes and ``higher'' rationalprocesses. In fact, MacLean, Karl Pribram, andothers have found that emotional responses areclosely tied to reason through the functions ofthe prefrontal cortex. Prefrontal function isclosely related to the development of moralsensibility and judgment. In particular, it isthe connections between prefrontal cortex andother brain areas that allow us to makedeliberate choices to be or not to be caring. These same connections allow us to learnculturally sensitive signals for when torelease or inhibit our cooperative oraggressive tendencies (both of which can beelicited by sexual displays in monkeys as wellas humans). These are closely tied to thesocial instinct in animals, and to thesocialization that children receive from theirparents (whom the clinical psychologist AlanSchore has described as providing a ``substituteprefrontal cortex'' for their very youngchildren). Higher levels of the GSHM modelsuch capabilities as thinking beyond thecurrent social situation to ``what could be'' anddialectical synthesis of apparent opposites,which are what allow humans the freedom todesign social realities to fit our moralsensibilities. (shrink)

Personality traits describe dispositions influencing individuals' behavior and performance at work. However, in the context of personnel selection, the use of personality measures has continuously been questioned. To date, research in selection settings has focused uniquely on predicting task performance, missing the opportunity to exploit the potential of personality traits to predict non-task performance. Further, personality is often measured with self-report inventories, which are susceptible to self-distortion. Addressing these gaps, the planned study seeks to design new personality measures to be (...) used in the selection context to predict a wide range of performance criteria. Specifically, we will develop a situational judgment test and a behavior description interview, both assessing Big Five personality traits and Honesty-Humility to systematically compare these new measures with traditional self-report inventories regarding their criterion-related validity to predict four performance criteria: task performance, adaptive performance, organizational citizenship behavior, and counterproductive work behavior. Data will be collected in a simulated selection procedure. Based on power analyses, we aim for 200 employed study participants, who will allow us to contact their supervisors to gather criterion data. The results of this study will shed light on the suitability of different personality measures to predict an expanded range of performance criteria. (shrink)

Differences in guidance from various organisations is preventing uniform standards of practiceThe emphasis in medical law and ethics on protecting the patient’s right to choose is at an all time high. Apart from circumscribed situations, for instance where the Mental Health Act 19831 is applicable, the only justification for medically treating an adult patient against his or her wishes is on the basis of common law, using the principle of best interests, and only when he or she lacks capacity to (...) refuse treatment. As a result, it is important that clinicians should be able to assess capacity to refuse treatment. Given that judgements of incapacity involve deciding that a person does not have the ability to refuse treatment, a great deal of care needs to go into the assessment and characterisation of incapacity.There is divergence between the characterisation of capacity that is used by the courts and that which is recommended by the British Medical Association . The BMA usefully expands on the first element of capacity as set out in the standard legal definition of capacity in the Re C judgment2 but ignores the other two elements. By doing this, the BMA makes it unclear whether it is rejecting these as relevant to capacity; it also misses the opportunity to expand on these elements in a clinically useful way.We will begin with a description of the BMA’s advice3 and the standard English legal definition of capacity.2,4 Then we will show that there are important discrepancies between these two sources of advice. We think that the BMA ought to clarify its position on capacity in order to safeguard the interests of physicians, healthcare workers, and patients.THE RE C TESTMr C was a patient in a psychiatric secure hospital who had chronic paranoid schizophrenia with …. (shrink)

The U.S. military is developing augmented reality (AR) capabilities for use on the battlefield as a means of achieving greater situational awareness. The superimposition of digital data—designed to expand surveillance, enhance geospatial understanding, and facilitate target identification—onto a live view of the battlefield has important implications for virtuous conduct in war: Can the soldier exercise practical wisdom while integrated into a system of militarized legibility? Adopting a virtue ethics perspective, I argue that AR disrupts the soldier’s immersion in the scene (...) such that he is blinded to features beyond those identified in advance by the military’s system of cybernetic judgment. I turn to Michael Walzer’s classic account of the “naked soldier” dilemma to illustrate how AR capabilities radically shrink the bounds within which the soldier can cultivate the capacity for right conduct. By transforming the ambiguous ethical matter of killing an enemy combatant into the straightforward application of a rule, AR hollows out the soldier’s potential for virtuous action. The “smart battlefield” leaves no space for deliberative judgments that transcend the technical and legal determinations already written into the soldier’s view of the scene. (shrink)

In the latest edition of Principles of Biomedical Ethics, Tom Beauchamp and James Childress provide an expanded discussion of the ethical theory underlying their treatment of issues in medical ethics. Balancing judgements remain central to their method, as does the contention that such judgements are more than intuitive. This theory is developed precisely in response to the common skepticism directed at "principlism" in medical ethics. Such skepticism includes the claim that moral reasoning comes to a dead halt when confronted (...) by competing conflicts between moral norms in a given pluralistic situation. In this paper, I use examples from the text to show that despite the authors’s arguments to the contrary, balancing judgements are the product of unreasoned intuitions. Given the necessity of some such judgements in any principle-based system, my argument highlights the degree to which principled ethical reasoning rests upon an arational core. (shrink)

Introduction There is a paramount need for moral development for pharmacists and pharmacy students to practice the patient-centered profession. We aimed to explore the current situational judgment utilizing ethical reasoning among undergraduate pharmacy students. Methods A set of ten ethical dilemmas, representing potential real-life situations that the students come across in the university and may face in the future as a pharmacist were developed by a team of students, academic staff, and stakeholders. These ethical dilemmas were validated, checked for (...) accuracy, and piloted. An online questionnaire was created consisting of these ten scenarios as open-ended questions and administered to fourth year and fifth year PharmD students in a public university located at the city of Mecca, Saudi Arabia, asking them how they would react in that situation. Responses of the participants were analyzed using thematic analysis independently by four researchers and inter-rater agreement were achieved through consensus. Results Out of 205, 186 students completed the questionnaire with a response rate of 90.7%. Analysis and resulted in the generation of 32 codes, which were then categorized into seven overarching themes: student engagement, social and professional responsibility, academic integrity, legal obligation, moral obligation, signposting, and moral engagement and patient safety. Conclusions Undergraduate pharmacy students experience complex state of mind in connection with ethical reasoning. The participants’ situational judgment were driven by cultural norm, authority, and responsibility. Student engagement is also affected by the state of mind and feelings of mutual trust, perceived cultural influence and peer pressure. The students were prone to seek help from university administrators or teachers when faced with situations in which they were helpless. (shrink)

This article will offer a close reading of sections 74 and 75 of “Chapter V: Temporality and Historicality” of Division Two of Heidegger’s Being and Time (1927). Our goal is to expand on a speculative metaphysical reconstruction of Chapter 17 of the Gospel of John, when Jesus is finished speaking to the disciples and is addressing the Father alone. This is right before his Passion, namely the arrest, trial, crucifixion, and ultimate Resurrection. The work is not situated in either abstract (...) systematic or biblical theology, which seeks to defend faith, particularly using modern continental philosophical resources, such as the early Heidegger’s fundamental ontology. Then again, it is not a philosophy of religion either, in the sense that it is not concerned with investigating the nature or essence of religion. Rather, it is trying to move within Being and Time to construct anew its ‘missing Division Three’ by creating new terms and distinctions beyond what is offered in the first Two Divisions. Our hypothesis is this: the supersession of Being and Time requires an imaginative metaphysical expansion of hidden secrets buried in the Gospel regarding a strange double temporalization in the discourse of Jesus to his Father. These two temporal planes are phenomenologically irreducible to either the linear sequence of events of his life as narrated in the four Gospels; or the history of theological attempts, particularly twentieth-century theological giants (Barth, Tillich, Rahner, Moltmann, Pannenberg), to think about the time-eternity-history relation with regard to the Kairos (through the Incarnation of the Son) at the fulfilled time and the Parousia, namely the Second Coming at the eschatological end of time. The article concludes with certain criteria regarding judgements on the undecidability of theism vs. atheism when attempting to go beyond Heidegger’s Being and Time. The ontological consequences, and therefore meaning of such an undertaking at a step beyond Being and Time, remain indiscernible for specific reasons. (shrink)

Teachers’ social-emotional competence is considered important to master the social and emotional challenges inherent in their profession and to build positive teacher-student relationships. In turn, this is key to both teachers’ occupational well-being and positive student development. Nonetheless, an instrument assessing the profession-specific knowledge and skills that teachers need to master the social and emotional demands in the classroom is still lacking. Therefore, we developed the Test of Regulation in and Understanding of Social Situations in Teaching (TRUST), which is a (...) theory-based situational judgment test measuring teachers’ knowledge about strategies for emotion regulation and relationship management in emotionally and socially challenging situations with students. Results from three studies (N = 166 in-service teachers, N = 73 in-service teachers, N = 107 pre-service teachers) showed satisfactory internal consistency for both the emotion regulation and relationship management subtests. Furthermore, confirmatory factor analyses supported the differentiation between the two facets of social-emotional competence. Regarding convergent validity, results from Study 3 revealed a positive association between the profession-specific TRUST and pre-service teachers’ general emotional intelligence. Furthermore, small to moderate correlations with the Big Five personality traits provided evidence for the discriminant validity of TRUST. In Studies 1 and 2, we found evidence for a correlation with external criteria, that is, teachers with higher test scores reported providing more emotional support for students and having better teacher-student relationships. For teachers’ occupational well-being, we found a link with symptoms of depersonalization and job satisfaction, but none for emotional exhaustion. We will discuss the use of TRUST in research, for the evaluation of interventions, in teacher education, and professional development and will illustrate ideas for enhancing the tool. (shrink)

A framework is presented to better characterize the role of individual differences in information processing style and their interplay with contextual factors in determining decision making quality. In Experiment 1, we show that individual differences in information processing style are flexible and can be modified by situational factors. Specifically, a situational manipulation that induced an analytical mode of thought improved decision quality. In Experiment 2, we show that this improvement in decision quality is highly contingent on the compatibility between the (...) dominant thinking mode and the nature of the task. That is, encouraging an intuitive mode of thought led to better performance on an intuitive task but hampered performance on an analytical task. The reverse pattern was obtained when an analytical mode of thought was encouraged. We discuss the implications of these results for the assessment of decision making competence, and suggest practical directions to help individuals better adjust their information processing style to the situation at hand and make optimal decisions. (shrink)

What role does “discursive consciousness” play in decision-making? How does it interact with “practical consciousness?” These two questions constitute two important gaps in strong practice theory that extend from Pierre Bourdieu's habitus to Stephen Vaisey's sociological dual-process model and beyond. The goal of this paper is to provide an empirical framework that expands the sociological dual-process model in order to fill these gaps using models from cognitive neuroscience. In particular, I use models of memory and moral judgment that highlight (...) the importance of executive functions and semantic memory. I outline each model as it pertains to the aforementioned gaps in strong practice theory. I then use the models from cognitive neuroscience to create an expanded dual-process model that addresses how and when conscious mental systems override and interact with subconscious mental systems in the use of cultural ends for decision-making. Finally, using this expanded model I address the sociological debate over the use of interview and survey data. My analysis reveals that surveys and interviews both elicit information encoded in declarative memory and differ primarily in the process of information retrieval that is required of respondents. (shrink)

This book is the first to introduce readers to contemporary philosophical works on moral judge- ment stemming from France, Germany and the Anglo-American world — many of which remain untranslated. By integrating Kantian and Aristotelian reflections on this subject, the author combines historiography and critical reflection to offer a rich picture of what it means to make good moral decisions. -/- As both Kantians and Aristotelians argue, moral judgements are ultimately grounded in the normativity of practical identities. Thus, it is (...) by identifying the obligations tied to the multiple dimensions of our identities (e.g., friend, teacher, romantic partner, citizen) that we can ultimately understand how we ought to act. Yet, Aristotle and Kant also remind us that doing so requires the acquisition of moral virtues which allow us to better discern practical reasons in concrete situations. (shrink)

This article described three heuristics that are employed in making judgements under uncertainty: representativeness, which is usually employed when people are asked to judge the probability that an object or event A belongs to class or process B; availability of instances or scenarios, which is often employed when people are asked to assess the frequency of a class or the plausibility of a particular development; and adjustment from an anchor, which is usually employed in numerical prediction when a relevant value (...) is available. These heuristics are highly economical and usually effective, but they lead to systematic and predictable errors. A better understanding of these heuristics and of the biases to which they lead could improve judgements and decisions in situations of uncertainty. (shrink)

In this paper I present reasons for us to accept the hypothesis that suspended judgment has correctness conditions, just like beliefs do. Roughly put, the idea is that suspended judgment about p is correct when both p and ¬p might be true in view of certain facts that characterize the subject’s situation. The reasons to accept that hypothesis are broadly theoretical ones: it adds unifying power to our epistemological theories, it delivers good and conservative consequences, and it (...) allows us to assess processes of reasoning involving attitudes of suspended judgment. (shrink)

It is a common socio-moral practice to appeal to reasons as a guiding force for one’s actions. However, it is an intriguing possibility that this practice is based on fiction: reasons cannot or do not motivate the majority of actions—especially moral ones. Rather, pre-reflective evaluative processes are likely responsible for moral actions. Such a view faces two major challenges: i.) pre-reflective judgements are commonly thought of as inflexible in nature, and thus they cannot be the cause of the varied judgements (...) people rely on in everyday life, and ii.) if reflective reason-based judgements do not play a strong causative role in judgement, why do people rely on the articulation of reasons in their moral practices? We argue that the pre-reflective judgements motivating moral actions are embodied in nature. The experience of the rightness of an action that drives a person to act depends on the sensorimotor interactions that have cultivated an agent’s perspective on the world. These interactions are embedded in relational contexts, relative to which judgements are individuated. Because of this relational embeddedness they are more flexible than they are commonly thought to be, enabling us to explain the variety of human behavior by appealing to them. The Anglo-European practice of appealing to reason as if they were propositional belief-statements motivating actions can be accounted for as nothing more than an idiosyncratic way of constructing narratives to clarify and express the relational context of intentional actions. (shrink)

Even though grit is an important resource in our practical arsenal, I argue that practical judgment is an even more important capacity that we need in order to live well because it allows us to effectively pursue our various long-term ends. To show this, we will examine a theory of instrumental rationality that differs from the decision theory that underlies recent accounts of grit. This theory is Tenenbaum’s (2020, Rational Powers in Action: Instrumental Rationality and Extended Agency. Oxford University (...) Press) Extended Theory of Instrumental Rationality. I will then expand on Tenenbaum’s account of the instrumental virtue of practical judgment and show how developing it can help us achieve a well-rounded life. (shrink)

The aggregation of consistent individual judgments on logically interconnected propositions into a collective judgment on those propositions has recently drawn much attention. Seemingly reasonable aggregation procedures, such as propositionwise majority voting, cannot ensure an equally consistent collective conclusion. The literature on judgment aggregation refers to that problem as the discursive dilemma. In this paper, we motivate that many groups do not only want to reach a factually right conclusion, but also want to correctly evaluate the reasons for that (...) conclusion. In other words, we address the problem of tracking the true situation instead of merely selecting the right outcome. We set up a probabilistic model analogous to Bovens and Rabinowicz (2006) and compare several aggregation procedures by means of theoretical results, numerical simulations and practical considerations. Among them are the premise-based, the situation-based and the distance-based procedure. Our findings confirm the conjecture in Hartmann, Pigozzi and Sprenger (2008) that the premise-based procedure is a crude, but reliable and sometimes even optimal form of judgment aggregation. (shrink)

Sexual and reproductive health is a challenge worldwide, and much progress is needed to reach the relevant UN Sustainable Development Goals. This paper presents cross-sectional data collected in Sierra Leone on sexual and gender-based violence, family planning, child, early and forced marriage, and female genital mutilation using an innovative method of measurement: situational judgment tests, as a subset of questions within a larger survey tool. For the SJTs, respondents saw hypothetical scenarios on these themes and had to indicate how (...) they would react. The objective is to give an impression of beliefs and norms on specific behaviors, which provide insights for social and behavior change interventions. Data was collected by enumerators traveling to villages randomly selected in six districts of the country. The sample is composed of 566 respondents. Results show that FGM in particular seem to be a priority topic, in comparison to the other topics for which the norms seem to be stronger against those practices. Age differences emerged and suggest priority groups to be targeted. In terms of validity of the measurement methods, situational judgment test answers correlated positively with other items in the survey, but the magnitude of the association is often small, and sometimes not significant. Thus, more studies are needed to further explore the validity of this measure by comparing against a reference value. Using SJTs could complement other data collection tools to perform community assessment, and orient the direction of the program in its planning phase. (shrink)

The paper offers a modelling of the sense of justice as it is displayed in ordinary situated disputes. While this model accounts for a plurality of legitimate forms of evaluation which are used in the process of critique and justification, it escapes a relativism of values by demonstrating that all these forms satisfy a set of common requirements. The reasonable character of the everyday sense of justice is also anchored in a reality test involving the engagement of objects which qualify (...) for a certain form of evaluation. The paper discusses this model in relation to competing theories of justice, and models of social action and interaction. (shrink)

For many years, researchers and practitioners have sought out meaningful indicators of sales performance. Yet, as the concept of performance has broadened, the understanding of what makes up a successful seller, has become far more complicated. The complexity of buyer–seller relationships has changed therefore as the definition of sales performance has expanded, cultivating a growing interest in ethical/unethical actions since they could potentially have impacts on sales performance. Given this environment, the purpose of this study is to explore the (...) impact of moral judgment on sales performance and sellers engaging in a customer-oriented selling approach. Specifically, by utilizing a sample of 345 business-to-business salespeople, this study examines the relationships between moral judgment, customer-oriented selling, and outcome and behavior based performance. Results, managerial implications, and opportunities for future research are provided. (shrink)

Until recently, the work of Jean-Paul Sartre seemed to have faded out of fashion. Existentialism was replaced by structuralism and poststructuralism, and Sartrean philosophy was relegated to anthologies. In France and the United States, real confrontation with his work has been virtually missing. This collection of essays addresses this absence by shedding light on Sartre's contribution to critical trends that have been developing over the last twenty years, including feminism, gender studies and post-colonial studies. In addition, the essays combine to (...) reassess Sartre's importance in such traditional fields as literature, philosophy and psychoanalysis. An essential, comprehensive volume of work, Situating Sartre in Twentieth-Century Thought and Culture updates and expands the scope of Sartrean studies. (shrink)

The increasing body of knowledge in fields like animal ethology, biology, and technology has not necessarily led to the improvement of animal welfare. On the contrary, it has enabled humans to exploit animals more functionally and on increasing scales of magnitude. Building on approaches that stem from posthumanism and critical animal studies, we argue that instead of aiming for more general production of scientific knowledge, what is needed to counter exploitation and oppression is an increased sensitivity towards animals that arises (...) from local, partial, and ‘situated knowledges’. In the first part of this paper we articulate an argument that proposes how such knowledges can arise from the practice of game design as a form of ‘doing multispecies philosophy’. The second part of this work expands this notion with an understanding of design as a practice of configuring and prefiguring situations in which we can enter in a relationship of response and attention with other ‘selves’, in other words, with entities that are alive. To explore the practical consequences of this framework, in the third part of this paper we discuss a game design project that involves some unexpected designerly negotiations with a colony of black ants. We conclude that our wider perspective concerning notions of knowledge, design, and selves could elicit changes in our empathy towards other beings and help us develop new ideas and knowledges that favour less anthropocentric futures. (shrink)

The first section introduces a distinction between 2 families of cognitive operations, called System 1 and System 2. The second section presents an attribute-substitution model of heuristic judgment, which elaborates and extends earlier treatments of the topic. The third section introduces a research design for studying attribute substitution. The fourth section discusses the controversy over the representativeness heuristic. The last section situates representativeness within a broad family of prototype heuristics, in which properties of a prototypical exemplar dominate global judgments (...) concerning an entire set. (shrink)

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)

This study examines the implications of practical reason for entrepreneurial activities. Our study is based on Thomas Aquinas’ interpretation of such virtue, with a particular focus on the partition of practical reason in potential parts such as synesis, or common sense, and gnome, or perspicacity. Since entrepreneurial acts and actions deal with extremely uncertain situations, we argue that only this perspicacity, as the ability of correctly judging in exceptional cases, has the power to find wisdom under such blurred conditions. Perspicacity (...) frees entrepreneurs from their cognitive schemata rendering them able to be truly entrepreneurial. Based on this vision and thanks to a semantic analysis of the meaning of the Greek word gnome, we construct an interpretative model for entrepreneurial judgment composed of three dimensions, specifically, knowledge-cognitive, external-affective and personal-reflective. The model highlights how a ‘successful’ entrepreneurial judgment is also such from a holistic point of view. (shrink)

We only regard a system or a process as being “scientific” if it displays the three predominant characteristics of the natural sciences: predictability, repeatability and quantifiability. This by definition precludes intuition, subjective judgement, tacit knowledge, heuristics, dreams, etc. in other words, those attributes which are peculiarly human. Furthermore, this is resulting in a shift from judgment to calculation giving rise, in some cases, to an abject dependency on the machine and an inability to disagree with the outcome or even (...) question it. To tolerate such a situation could be seen as an abdication of professional responsibility. In complex technological and scientific environments, it is sometimes said that those who make best use of computers already know what the answer is (in ball park terms) before the calculation. (shrink)

The Critique of Judgment aims to account for the affective sharing of a common world of appearance. To accomplish this project, Kant retrieves a connection between contemplation and judgment which had lain dormant in the philosophical tradition since the time of Plato. Kant rescues the theme of contemplatio or $\theta\varepsilon\omega\rho\acute\iota\alpha$ from the Neo-platonist tradition culminating in Leibniz and Shaftesbury. This tradition took beauty as the motivation for an intuitive assimilation to the order of ideas, which are understood as (...) principles for the determination of natural form. Discovering imagination as a power through which human beings may escape the tyranny of determinate objectivity, Kant insists that taste demands an openness towards appearance, outside of cognitive and conative determination. The attitude of disinterestedness suspends objectivity and looks toward the idea of a sensus communis, which implies a human plurality. In the first two Critiques, Kant subjectivizes the Leibnizian principle of determining ground. In the third Critique he suspends this principle, while retrieving and retaining the significance of humanitas latent in the idea of sensus communis which forms the indeterminate ground for aesthetic judgments. ;The first two chapters develop a phenomenological interpretation of Kantian aesthetics. Operating with an unthematized method of phenomenological reduction, Kant uncovers features indicating the primacy of appearance over determining ground within aesthetic contemplation. The third chapter traces Kant's response to Leibniz from the pre-critical period up to the Critique of Judgment. Kant's rehabilitation of appearance emerges in opposition of the Leibnizian principle of determining ground. The fourth chapter resumes the phenomenological interpretation, now directed to illuminating Kant's apology for sensibility and his advance beyond Shaftesbury's Platonist aesthetics. Sensibility compels think to relinquish its power to determine objectivity. ;A tension emerges between the subject's powers of determination and the freedom within sensibility which escapes determination. Despite its indeterminancy, the regulative idea of a sensus communis orients a disciplined sensitivity to appearance. Beauty testifies to a fractured human subject who cannot determine its own ground and must dwell in a world of appearance among a plurality in the sharing of perspectivally situated voices. (shrink)

The aim of this article is to contribute to the formulation of a non-excluding concept of solidarity which is of relevance to contemporary society. The assumption is that in the present individualized and culturally diverse society there is an urgent need for a new form of solidarity to create social cohesion. The central theme is that contemporary solidarity is about recognition and a fair distribution of chances for recognition. This ideal may function as a normative standard for critical research and (...) as a guideline for people in their moral struggles. What ultimately needs to be done is not a purely theoretical question but something which must be settled by a judgement that constitutes a battlefield where conflicting values and perceptions of reality confront each other. (shrink)

ABSTRACTThe judgment of blame was studied in a group of 28 teenagers, 14 with Asperger syndrome and 14 typically developed. Teenagers in each group were matched by age, cognitive development and academic level. They were presented with 12 short vignettes in which they had to judge an action according to the intent of the actor, the consequences of the action and the seriousness of the situation. Results showed a significant difference in the patterns of judgment of both (...) groups. The AS group judged the action according to the physical consequence of the action more than the intent of the actor; the opposite was observed with the control group. In addition, the AS teenagers were less capable than the control group of grading injury to a person when apportioning blame especially when they were not familiar with the social situations. This result suggests that the judgement of the seriousness of the outcome of the social interactio... (shrink)