A key theme throughout Maimon’s works is a circularity he diagnoses at the heart of Kant’s response to Hume. The objective validity of Kant’s category of causality ultimately rests, Maimon argues, upon the logical status of the hypothetical judgement – on its inclusion among the forms of pure general logic. In turn, however, the inclusion of the hypothetical within pure general logic itself rests upon the objective validity of causal judgements. This article examines Maimon’s diagnosis and traces (...) it back to a debate that has its origins in Wolff’s German Logic, concerning the relationship between categorical and hypothetical judgements. (shrink)

Introduction Kant develops a positive though regulative role for reason toward the end of the Dialectic of the Critique of Pure Reason, particularly in the Appendix to the Dialectic. In the opening section, “The Regulative Employment of the Ideas of Pure Reason”, he provides us with an account of how these ideas can unify the understanding in its employment, although only regulatively. Part of this account includes a discussion of the hypothetical use of reason, in which one inspects a (...) group of particulars to see whether they fit a given universal and then generalizes over other future particulars that the universal will apply to them as well. (shrink)

The logic of proofs is a refinement of modal logic introduced by Artemov in 1995 in which the modality ◻A is revisited as ⟦t⟧A where t is an expression that bears witness to the validity of A. It enjoys arithmetical soundness and completeness and is capable of reflecting its own proofs . We develop the Hypothetical Logic of Proofs, a reformulation of LP based on judgemental reasoning.

This article proposes a novel integrative approach to moral judgment and a related model that could explain how unconscious heuristic processes are transformed into consciously accessible moral intuitions. Different hypothetical cases have been tested empirically to evoke moral intuitions that support principles from competing moral theories. We define and analyze the types of intuitions that moral theories and studies capture: those focusing on agents (A), deeds (D), and consequences (C). The integrative ADC approach uses the heuristic principle of “attribute (...) substitution” to explain how people make intuitive judgments. The target attributes of moral judgments are moral blameworthiness and praiseworthiness, which are substituted with more accessible and computable information about an agent's virtues and vices, right/wrong deeds, and good/bad consequences. The processes computing this information are unconscious and inaccessible, and therefore explaining how they provide input for moral intuitions is a key problem. We analyze social heuristics identified in the literature and offer an outline for a new model of moral judgment. Simple social heuristics triggered by morally salient cues rely on three distinct processes (role-model entity, action analysis, and consequence tallying—REACT) in order to compute the moral valence of specific intuitive responses (A, D, and C). These are then rapidly combined to form an intuitive judgment that could guide quick decision making. The ADC approach and REACT model can clarify a wide set of data from empirical moral psychology and could inform future studies on moral judgment, as well as case assessments and discussions about issues causing “deadlocked” moral intuitions. (shrink)

The so-called Substituted Judgment Standard is one of several competing principles on how certain health care decisions ought to be made for patients who are not themselves capable of making decisions of the relevant kind. It says that a surrogate decision-maker, acting on behalf of the patient, ought to make the decision the patient would have made, had the latter been competent. The most common way of justifying the Substituted Judgment Standard is to maintain that this standard protects patients’ right (...) to autonomy, or self-determination, in the situation where they are no longer able to exercise this right on their own. In this paper we question this justification, by arguing that the most commonly suggested moral reasons for allowing and encouraging people to make their own choices seem not to apply when the patient’s decision-making is merely hypothetical. We end with some brief sketches of possible alternative ways of justifying the Substituted Judgment Standard. (shrink)

The hypothetical approach to the supersensible developed by Kant in his three Critiques, exemplified by his analysis of the aesthetic and reflective judgment in his third Critique, with their principle fortuitous purposiveness, can be considered as the basis for a new foundation of metaphysics. According to Kant’s limitation of cognition to the realm of sense intuition, theoretical knowledge of God, the subject, things-in-themselves, transcendental ideas is impossible. This leads to a kind of “negative theology” of the highest principle and (...) the supersensible as a whole. The reasons are rooted in the character of propositional thought, which can only circumscribe a singular, supersensible reality by means of predicative sentences and discursive thought. Taking Kant’s lead, but in contrast to his terminology, I call really existent singularities, including the thinking, knowing, desiring, feeling unique individuals we know as human beings, spontaneities, in order to distinguish them from descriptive characteristics attributed to them by predicative thought. Kant’s “practico-dogmatic” account of the postulates of God and immortality of the soul, based on the “fact of freedom” and its connection to the moral imperative, ensure the possibility of the “highest good” as final aim of moral behaviour — but cannot satisfy our need for knowledge of the supersensible. To “lay the groundwork” for experience of our own self-conscious reality, the reality of others like ourselves, of things which transcend the boundaries of sense intuition, and of true reciprocity, a different method is needed, one which leads us “beyond being and thought” to the unconditional beginning of conditional reality. (shrink)

Thought experiments invite us to evaluate philosophical theses by making judgements about hypothetical cases. When the judgements and the theses conflict, it is often the latter that are rejected. But what is the nature of the judgements such that they are able to play this role? I answer this question by arguing that typical judgements about thought experiments are in fact judgements of normal counterfactual sufficiency. I begin by focusing on Anna-Sara Malmgren’s defence of the claim that typical judgements (...) about thought experiments are mere possibility judgements. This view is shown to fail for two closely related reasons: it cannot account for the incorrectness of certain misjudgements, and it cannot account for the inconsistency of certain pairs of conflicting judgements. This prompts a reconsideration of Timothy Williamson’s alternative proposal, according to which typical judgements about thought experiments are counterfactual in nature. I show that taking such judgements to concern what would normally hold in instances of the relevant hypothetical scenarios avoids the objections that have been pressed against this kind of view. I then consider some other potential objections, but argue that they provide no grounds for doubt. (shrink)

On a traditional interpretation of the substituted judgement standard a person who makes treatment decisions on behalf of a non-competent patient ought to decide as the patient would have decided had she been competent. I propose an alternative interpretation of SJS in which the surrogate is required to infer what the patient actually thought about these end-of-life decisions. In clarifying SJS it is also important to differentiate the patient's consent and preference. If SJS is part of an autonomy ideal (...) of the sort found in Kantian ethics, consent seems more important than preference. From a utilitarian perspective a preference-based reading of SJS seems natural. I argue that the justification of SJS within a utilitarian framework will boil down to the question whether a non-competent patient can be said to have any surviving preferences. If we give a virtue-ethical justification of SJS the relative importance of consent and preferences depends on which virtue one stresses-respect or care. I argue that SJS might be an independent normative method for extending the patient's autonomy, both from a Kantian and a virtue ethical perspective. (shrink)

Suspension of judgment or belief is often described as the neutral doxastic position or stance, alongside belief and disbelief. However, in this contribution, I will demonstrate that there is more than one way of being neutral. I will introduce paradigmatic cases involving cognitive neutrality and highlight significant differences in their nature, such as their relation to inquiry. I will argue that judgment suspension is an act of committing to indecision, leading to a qualified neutral state of mind. However, subjects can (...) commit to indecision in different ways: depending on their epistemic situation and goals, they can suspend agnostically, precautionarily, or hypothetically. These three resulting states of committed indecision must be distinguished from uncommitted indecision, which is the basic state of doxastic neutrality. (shrink)

The paper sets out from Göodel's question about primitive concepts, in connection with Gödel's proposal of the employment of phenomenological method. The author assumes that the answer that can be found in Kant is relevant as a starting point. In a modification of the approach by K. Reich, a reconstruction of Kant's "deduction'' of logical forms of judgment is presented, which serve Kant as the basis for his "metaphysical deduction of categories'' including substantiality and causality. It is proposed that different (...) aspects of Kant's "original unity of self-consciousness'' as applied and attached to concrete representations step by step yield different forms of concepts, judgments, and inferences. Categorical, hypothetical and disjunctive judgments are shown to be gradually strengthening the conditions of bringing our representations under the "objective unity of consciousness", and in this way gradually implementing logical laws. The corresponding concepts of substantiality, causality, and mutual influence appear to be grounded in the primitive forms of our thinking. (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)

Trolley problems have been used in the development of moral theory and the psychological study of moral judgments and behavior. Most of this research has focused on people from the West, with implicit assumptions that moral intuitions should generalize and that moral psychology is universal. However, cultural differences may be associated with differences in moral judgments and behavior. We operationalized a trolley problem in the laboratory, with economic incentives and real-life consequences, and compared British and Chinese samples on moral behavior (...) and judgment. We found that Chinese participants were less willing to sacrifice one person to save five others, and less likely to consider such an action to be right. In a second study using three scenarios, including the standard scenario where lives are threatened by an on-coming train, fewer Chinese than British participants were willing to take action and sacrifice one to save five, and this cultural difference was more pronounced when the consequences were less severe than death. (shrink)

Perhaps I should define what I mean by "ontological status" here, since much of the ensuing argument is concerned with it. I do not mean verifiability or confirmability in any reductive sense, physicalistically or phenomenologically, although it is perfectly clear that the description of how things exist requires such criteria. But to translate such criteria into ontological proofs, of the sort "what has effects, is real" is to fall prey to circularity. The alternative to such an apparently "inferred" ontology is (...) not necessarily pure, non-ontological descriptionism. Hume's suggestion was that "whatever we conceive, we conceive to be existent." In the context of Hume's conditional view of conception, such an attribution of existence to what we conceive is always probative, hypothetical. In this sense, the criteria for verifiability or confirmability also presuppose existence, even if only as the matrix in which hypothetical objects or events either do or do not have a place. If Hume's formulation is understood reflexively, then not only is what we conceive conceived to be existent, but the conception itself is conceived to be existent, since we can conceive of the fact of conceiving. This involves, of course, a distinction of levels, and the whole range of problems of metalanguages and types. For my purposes here, I shall only point out that, over the range of levels, what we conceive is neither more nor less existent than the conception itself; the empirical concept is neither more nor less existent than its extension. Existence is not a matter of degree, whatever the distinction of levels or types. Yet, there is a certain sense to the common sense appreciation that some things seem to be "more real" than others. What does break the circle of a uniform, non-modal existentiality, and makes sense out of the vaguely intuited "more real," is the hypothesis of derivative relationships between existences, i.e., the hypothesis of genetic sequence and the emergence of qualities in this sequence. In this sense, to establish the ontological status of judgment is to establish the derivative sequence of which judgment is the final term. Yet, to establish ontological status in this way, to say things are the way they have become, is to assume that genetic sequence ends, or is abolished in some instantaneous now, outside of which it is meaningless to speak of ontological status. To press this further, every genetic sequence can be differentiated into a series of "nows" each one of which paradoxically constitutes a final term in the series. As derivation has to do with coming-to-be, and apparently ends with being, in the partial sense of being constituted, so ontological status requires the additional parameter of function, as well as derivation; it requires us to speak of effects, which lie beyond the end term in any genetic sequence; to define what is also in terms of what "it" does, or what "it" becomes, or what "it" causes, or with operationism, in terms of "goings-on," without the antecedent subject-term. (shrink)

In some cases people judge it morally acceptable to sacrifice one person’s life in order to save several other lives, while in other similar cases they make the opposite judgment. Researchers have identified two general factors that may explain this phenomenon at the stimulus level: (1) the agent’s intention (i.e. whether the harmful event is intended as a means or merely foreseen as a side-effect) and (2) whether the agent harms the victim in a manner that is relatively “direct” or (...) “personal”. Here we integrate these two classes of findings. Two experiments examine a novel personalness/directness factor that we call personal force, present when the force that directly impacts the victim is generated by the agent’s muscles (e.g., in pushing). Experiments 1a and b demonstrate the influence of personal force on moral judgment, distinguishing it from physical contact and spatial proximity. Experiments 2a and b demonstrate an interaction between personal force and intention, whereby the effect of personal force depends entirely on intention. These studies also introduce a method for controlling for people’s real-world expectations in decisions involving potentially unrealistic hypothetical dilemmas. (shrink)

Decision making for incompetent patients is a much-discussed topic in bioethics. According to one influential decision making standard, the substituted judgment standard, the decision that ought to be made for the incompetent patient is the decision the patient would have made, had he or she been competent. Although the merits of this standard have been extensively debated, some important issues have not been sufficiently explored. One fundamental problem is that the substituted judgment standard, as commonly formulated, is indeterminate in content (...) and thus offers the surrogate little or no guidance. What the standard does not specify is just how competent one should imagine the patient to be, and what else one ought to envision about the patient’s hypothetical outlook and the circumstances surrounding his or her decision making. The article discusses this problem of underdetermined decision conditions. (shrink)

This author shows how the main principle would endorse a new ground-level principle of weak legal paternalism, the most reliable judgment standard, and compares this standard with the most influential nonconsequentialist standard, Joel Feinberg’s voluntariness standard. The most reliable judgment standard will permit legal paternalism if it is reasonable to believe that the subject will or would come to unequivocally endorse it. The chapter illustrates the difference between his and Feinberg’s standards with hypothetical examples of drug and suicide prohibitions. (...) The chapter explains his consequentialist account of autonomy and shows how that account fits the legal standard of autonomy. However, it does not fit the standard statement of the insanity defense. The chapter explains why the insanity defense should be revised. (shrink)

One hundred sixty subjects acted as members of a hypothetical Institutional Animal Care and Use Committee and evaluated five proposals in which animals were to be used for research or educational purposes. They were asked to approve or reject the proposals and to indicate what factors were important in reaching their ethical decisions. Gender and differences in personal moral philosophy were related to approval decisions. The reasons given for the decisions fell into three main categories: metacognitive statements, factors related (...) to the animal, and factors related to the design of the experiment. (shrink)

Based on “laws” of contagion and similarity, it is understood that people tend to believe that meanings associated with one object may be transferred onto another, and the meanings of the first may “contaminate” the second. The perceived contamination may influence the individual’s way of interacting with the object. We aimed to produce a rich description of individual differences that predict intuitive judgments in response to scenarios involving activation of contagion heuristics. Adolescents and adults in Germany completed a survey and (...) provided rated responses to hypothetical scenarios. They also gave open-ended remarks on one scenario: whether they would wear a sweater that had belonged to Adolf Hitler if they were cold. Content analysis produced a composite description of reflections with insights into historical consciousness in contemporary Germany. Also examined was the extent to which quantitative responses were related to demographics, personality characteristics, supernatural beliefs, and responses to other scenarios. (shrink)

The Shams al-dīn al-Samarqandī who is the first scholar to adopt the method of the philosophical theology in the Hanafī-Māturīdī tradition, is an important Turkish-Islamic thinker who has proven himself in rational and transmitted sciences by giving works in various fields such as theology, logic, mathematics, astronomy, tafsir, ādāb al-bahth wa al-munāzara. Placing the science of logic at the center of his system, al-Samarqandī analyzed every opinion and evidence put forward logically and aimed to reach the truth. Divine attributes, the (...) temporality of the universe, and the God-universe relationship are at the forefront of the subjects that he aims to reach certain and real knowledge. In this respect, al-Samarqandī analyzed the ontological character of divine and universal attributes. The concept of the hypothetical existential essence plays a key role for the author, who begins by analyzing the types of quiddity. defining the concept of existential as As “that which is without any negativity in its essence and truth", al-Samarqandī, who stipulates to exist as a block and not to have any negativity in its existence, brings a unique expansion to this concept. al-Samarqandī, who defines determination as "an adjective that distinguishes the existent from all mental and external beings", claims that this concept has an existential essence. As a result of his concerns about necesarry existence, Samarqandi, who does not deny the philosophers who accept the necessary existence and determination as identical, also overcomes the problems of multiplicity and causality that may arise about God, with the concept of "hypothetical", if he considers determination as "existential". As a matter of fact, al-Samarqandī divides existence into two parts as real and hypothetical, and defines the real existence as "existing in the real sense and not based on any rational assumption"; defines hypothetical existence as "based on rational assumption". In this case, it is not possible to talk about a real multiplicity or causality. al-Samarqandī claims that the concept of necessity falls within the scope of the hypothetical existential essence. Because wujûb means “the essence necessarily necessitates existence”. It is deduced that wujûb must also be existential, since something necessitating existence must take the judgment of existence. By characterizing the concept of wujûb with hypothetical essence, in the sense of a mental formation that is immune to objective existence, he also avoids the doubt of plurality. Concerned that the regard of possibility as an existential essence may require God to be necessary per se and the universe to be eternal, theologians accepted possibility as an absent essence. al-Samarqandī states that possibility can be accepted within the scope of true non-existent or hypothetical existential essence. As a matter of fact, evaluating the possibility in this way also eliminates the possibility that God is necessary and the universe is ancient. Attributes that can be attributed to God and can create a multiplicity in His essence or that can be attributed to the universe and cause the universe to be eternal are evaluated within the scope of the concept of the hypothetical existential essence, and, the idea that God is unique and that he is the only eternal entity is based on this concept. (shrink)

Learning to address moral dilemmas is important for participants on courses in business ethics and corporate social responsibility (CSR). While modern, rule-based ethical theory often provides the normative input here, this has faced criticism in its application. In response, post-modern and Aristotelian perspectives have found favour. This paper follows a similar line, presenting an approach based initially on a critical interpretation of Ross's theory of prima facie duties, which emphasises moral judgement in actual situations. However, the retention of a (...) modern element is suggested, with an invitation to hypothetically universalise detailed proposals for action, following Hare. This further step may reassure students/managers who seek additional closure in their decision-making. Some pedagogical implications are also briefly raised regarding the use of case material and the need to recognise questions of social interaction and personal character as features of dilemma resolution in actual organisational contexts. (shrink)

When people express a moral judgment, others make inferences about their personality, such as whether they are warm or competent. People may use this interpersonal process to present themselves in a way that is socially acceptable in the current circumstances. Across four studies, we investigated this hypothesis in Chinese culture and showed that college student participants tended to associate others’ deontological moral judgments with warmth and utilitarian moral judgments with competence (Study 1,Mage= 21.1, SD = 2.45; Study 2,Mage= 20.53, SD (...) = 1.87). In addition, participants made more deontological judgments after preparing to be interviewed for a job requiring them to be in a warm social role, and more utilitarian judgments after preparing for a job requiring them to be in a competent social role (Study 3,Mage= 19.5, SD = 1.63). This effect held true in moral dilemmas involving different degrees of hypothetical personal involvement, and appeared to be mediated by the perception of others’ expectations (Study 4,Mage= 19.92, SD = 1.97). The results suggest an important role for social cognition as an influence on moral judgments in Chinese culture. (shrink)

Psychopathy is a personality disorder frequently associated with immoral behaviors. Previous behavioral studies on the influence of psychopathy on moral decision have yielded contradictory results, possibly because they focused either on judgment (abstract evaluation) or on choice of hypothetical action, two processes that may rely on different mechanisms. In this study, we explored the influence of the level of psychopathic traits on judgment and choice of hypothetical action during moral dilemma evaluation. A population of 102 students completed a (...) questionnaire with ten moral dilemmas and nine non-moral dilemmas. The task included questions targeting both judgment (“Is it acceptable to … in order to …?”) and choice of hypothetical action (“Would you … in order to …?”). The level of psychopathic traits of each participant was evaluated with the Levenson Self-Report Psychopathy (LSRP) scale. Logistic regression fitted with the generalized estimating equations method analyses were conducted using responses to the judgment and choice tasks as the dependent variables and psychopathy scores as predictor. Results show that a high level of psychopathic traits, and more specifically those related to affective deficit, predicted a greater proportion of utilitarian responses for the choice but not for the judgment question. There was no first-order interaction between the level of psychopathic traits and other potential predictors. The relation between a high level of psychopathic traits and increased utilitarianism in choice of action but not in moral judgment may explain the contradictory results of previous studies where these two processes were not contrasted. It also gives further support to the hypothesis that choice of action endorsement and abstract judgment during moral dilemma evaluation are partially distinct neural and psychological processes. We propose that this distinction should be better taken into account in the evaluation of psychopathic behaviors. (shrink)

Multiple moral emotions were examined from a dynamic motivational framework through two hypothetical dilemmas that originate from the cognitive-developmental research program in morality. A questionnaire based on recognition task measurement of moral motivation and emotions was administered to 546 college students. As part of the dynamic complexity of moral motivation, intrapersonal operation of multiple emotions were expected and found toward each emotion target in each judgment context. Compassion and distress were among the most important moral emotions. Relatively strong degrees (...) of anger and hate were reported toward the victimizers in ways that distinguished judgment choices. Participants distinguished a variety of positive emotions from anger and hate through differential associations with judgment choices. The study revealed orderly patterns of variability in the multiplicity of moral emotional experience based on relations with specific emotion targets, judgment choices, and developmental quality of moral motivation. The overall developmental quality of moral motivation was negatively associated with hate and positively associated with anger toward the victimizers. Emotional awareness was also found to be positively related to the developmental quality of moral motivation. Exploring the intrapersonal multiplicity of moral emotional experience has important implications for understanding the complexity of moral decision making and motivation. (shrink)

We examined the effects of order of presentation on the moral judgments of professional philosophers and two comparison groups. All groups showed similar-sized order effects on their judgments about hypothetical moral scenarios targeting the doctrine of the double effect, the action-omission distinction, and the principle of moral luck. Philosophers' endorsements of related general moral principles were also substantially influenced by the order in which the hypothetical scenarios had previously been presented. Thus, philosophical expertise does not appear to enhance (...) the stability of moral judgments against this presumably unwanted source of bias, even given familiar types of cases and principles. (shrink)

The concept of recognition has been employed as a term of art in sovereign diplomacy, and in a philosophical tradition ranging from Plato to Hegel as an archetype of the emergence of political association leading to ethical civil relations. Recent liberal theorists have adapted the Hegelian 'struggle for recognition' to strengthen the argument for humane respect and human rights in the modern, multicultural state. This article emphasizes the cognitive processes and perceptual capacities of recognition. Drawing on Kant and Arendt, this (...) article argues for a broadly aesthetic view of politics as a basis for ethical and moral appraisal, and illustrates this approach with hypothetical and actual examples of politics and art. (shrink)

OBJECTIVE: How outside factors affect physician decision making remains an open question of vital importance. We sought to investigate the importance of various influences on physician decision making when clinical guidelines differ from patient preference. -/- METHODS: An online survey asking 469 primary care providers (PCPs) across four practice sites whether they would order magnetic resonance imaging for a patient with uncomplicated back pain. Participants were randomized to one of four scenarios: a patient's preference for imaging (control), a patient's preference (...) plus a colleague's opinion against imaging (colleague), a patient's preference plus a professional society's recommendation against imaging (profession), or a patient's preference plus an accountable care organization's quality metric that measures physician use of imaging (ACO). Demographic information and the reasoning behind participants' decisions also were obtained. -/- RESULTS: A total of 168 PCPs completed the survey, yielding a 36% completion rate. A majority chose not to pursue imaging: control 68%, colleague 85%, profession 87%, and ACO 78%. Multivariate logistic regression revealed that participants were more likely not to order advanced imaging only when reminded of a professional society recommendation (P = 0.017). Regression also suggested that practice site exerted an effect on the primary outcome. Evidence-based medicine and clinical judgment were the most cited reasons for the decision. -/- CONCLUSIONS: Our results reinforce the potential to leverage professional societies to advance evidence-based medicine and reduce unnecessary testing. At the same time, practice site appeared to exert influence, suggesting that these recommendations must be part of local institutional culture to be effective. (shrink)

There is a long-standing debate in philosophy about whether it is morally permissible to harm one person in order to prevent a greater harm to others and, if not, what is the moral principle underlying the prohibition. Hypothetical moral dilemmas are used in order to probe moral intuitions. Philosophers use them to achieve a reflective equilibrium between intuitions and principles, psychologists to investigate moral decision-making processes. In the dilemmas, the harms that are traded off are almost always deaths. However, (...) the moral principles and psychological processes are supposed to be broader than this, encompassing harms other than death. Further, if the standard pattern of intuitions is preserved in the domain of economic harm, then that would open up the possibility of studying behavior in trolley problems using the tools of experimental economics. We report the results of two studies designed to test whether the standard patterns of intuitions are preserved when the domain and severity of harm are varied. Our findings show that the difference in moral intuitions between bystander and footbridge scenarios is replicated across different domains and levels of physical and non-physical harm, including economic harms. (shrink)

In the first part of the dissertation, chapters 1 to 3, I criticize several views which tend to set philosophy apart from other cognitive achievements. I argue against the popular views that 1) Intuitions, as a sui generis mental state, are involved crucially in philosophical methodology 2) Philosophy requires engagement in conceptual analysis, understood as the activity of considering thought experiments with the aim to throw light on the nature of our concepts, and 3) Much philosophical knowledge is a priori. (...) I do not claim to have a proof that nothing in the vicinity of these views is correct; such a proof might well be impossible to give. However, I consider several versions, usually prominent ones, of each of the views, and I show those versions to be defective. Quite often, moreover, different versions of the same worry apply to different versions of the same theory. In the fourth chapter I discuss the epistemology of the judgements involved in philosophical thought experiments, arguing that their justification depends on their being the product of a competence in applying the concepts involved, a competence which goes beyond the possession of the concepts. I then offer, drawing from empirical psychology, a sketch of the form this cognitive competence could take. The overall picture squares well with the conclusions of the first part. In the last chapter I consider a challenge to the use of thought experiments in contemporary analytic philosophy coming from the ‘experimental philosophy’ movement. I argue that there is no way of individuating the class of hypothetical judgements under discussion which makes the challenge both interesting and sound. Moreover, I argue that there are reasons to think that philosophers possess some sort of expertise which sets them apart from non-philosophers in relevant ways. (shrink)

The linkage between ethical judgment and ethical behavioral intention was investigated. The Multidimensional Ethics Scale (MES) was used to measure ethical judgment ratings of hypothetical behaviors in retail, sales, and automobile repair scenarios. Confirmatory factor analysis on a sample of 300 undergraduate business students showed that a model with three latent variables representing three correlated ethical dimensions of moral equity, relativism, and contractualism, three correlated scenario latent variables, and correlated residuals presented a good fit to the data. Further, structural (...) models of the relationship of ethical judgment to behavioral intentions revealed that behavioral intentions were more highly related to the scenario factors than to the ethical dimensions across three scenarios. Adding a method factor to the model improved goodness-of-fit and changed some structural model conclusions. (shrink)

The present paper is devoted to present two pragmatic logics and their corresponding intended interpretations according to which an illocutionary act of hypothesis-making is justified by a scintilla of evidence. The paper first introduces a general pragmatic frame for assertions, expanded to hypotheses, ${\mathsf{AH}}$ and a hypothetical pragmatic logic for evidence ${\mathsf{HLP}}$. Both ${\mathsf{AH}}$ and ${\mathsf{HLP}}$ are extensions of the Logic for Pragmatics, $\mathcal{L}^P$. We compare ${\mathsf{AH}}$ and $\mathsf{HLP}$. Then, we underline the expressive and inferential richness of both systems (...) in dealing with hypothetical judgements, especially when based on different, sometimes conflicting, evidence. (shrink)

Hypothetical trolley problems are widely used to elicit moral intuitions, which are employed in the development of moral theory and the psychological study of moral judgments. The scenarios used are outlandish, and some philosophers and psychologists have questioned whether the judgments made in such unrealistic and unfamiliar scenarios are a reliable basis for theory-building. We present two experiments that investigate whether differences in moral judgment due to the role of the agent, previously found in a standard trolley scenario, persist (...) when the structure of the problem is transplanted to a more familiar context. Our first experiment compares judgments in hypothetical scenarios; our second experiment operationalizes some of those scenarios in the laboratory, allowing us to observe judgments about decisions that are really being made. In the hypothetical experiment, we found that the role effect reversed in our more familiar context, both in judgments about what the actor ought to do and in judgments about the moral rightness of the action. However, in our laboratory experiment, the effects reversed back or disappeared. Among judgments of what the actor ought to do, we found the same role effect as in the standard hypothetical trolley scenario, but the effect of role on moral judgments disappeared. (shrink)

Moral judgements usually concern the moral responsibility of an acting person. Someone is considered praiseworthy or blameworthy for an action based on whether this action is according to or against moral norms. According to a Kantian account, the essential issue is the motivation of the acting person since this is a measure for being a moral cause of the action i.e. for intending it. Only moral causation allows the moral imputation of the action to the acting person. And moral motivation (...) always implies the use of practical reason, as the capacity of acting in accordance to rules, while there are two kinds of rules (categorical and hypothetical). To give priority to one of these would lead to moral merit or to moral guilt. The latter considers the acting person as treating himself or others merely as a means instead to respecting himself or others as persons i.e. as individuals able to act according to their own aims and to be responsible for that. We find such an account in Johann Christoph Hoffbauer’s interpretation of Kant’s theory of free will. While Kant is occasionally accused of inconsistency in claiming evil actions are real and imputable while claiming only good actions are free (and therefore imputable), Hoffbauer offers a consistent version of Kant’s theory of free will. In this paper, I analyze his interpretation, sketching first its pre-Kantian theoretical context, and second discussing Hoffbauer’s Kantian interpretation of the concepts of will and the faculty of choice, and using the case of a lie as an illustration. (shrink)

Kelsen's theory of legal norms can be assessed adequately only if his writings are assigned to different phases. Contrary to Stanley L. Paulson's view, there is a radical break in the genesis of the theory around 1940, when Kelsen abandons the specific neo-Kantian thesis that the general legal norm is identical with the hypothetical judgment of legal science in favour of a rather naïve conception, according to which the judgment of legal science simply reproduces the pre-existing legal norm on (...) a descriptive level. By reading this simple correspondence theory of truth of the later period into Kelsen's writings of the twenties, Paulson misses the central thesis of Kelsen's neo-Kantianism. (shrink)

This article researches the historical and systematic background of Kant’s reflecting power of judgment theory based on a historical study of the concept of wit [ingenium, Witz]. Although the Notes from Lessons on Anthropology even expound the meaning of this concept in the context of Baumgarten’s empirical psychology, this material helps us interpret the concept of wit as one of the most important precedents of the reflecting power of judgment theory presented in Kant’s Critique of the Power of Judgment. The (...) exposition of wit furthermore highlights the systematic and historic connection between the third Critique and the theory of the hypothetical use of reason found in the Appendix of the Transcendental Dialectic of the Critique of Pure Reason. (shrink)

According to the ‘expertise defence’, experimental findings suggesting that intuitive judgments about hypothetical cases are influenced by philosophically irrelevant factors do not undermine their evidential use in (moral) philosophy. This defence assumes that philosophical experts are unlikely to be influenced by irrelevant factors. We discuss relevant findings from experimental metaphilosophy that largely tell against this assumption. To advance the debate, we present the most comprehensive experimental study of intuitive expertise in ethics to date, which tests five well- known biases (...) of judgment and decision-making among expert ethicists and laypeople. We found that even expert ethicists are affected by some of these biases, but also that they enjoy a slight advantage over laypeople in some cases. We discuss the implications of these results for the expertise defence, and conclude that they still do not support the defence as it is typically presented in (moral) philosophy. (shrink)

There is a vast literature that seeks to uncover features underlying moral judgment by eliciting reactions to hypothetical scenarios such as trolley problems. These thought experiments assume that participants accept the outcomes stipulated in the scenarios. Across seven studies, we demonstrate that intuition overrides stipulated outcomes even when participants are explicitly told that an action will result in a particular outcome. Participants instead substitute their own estimates of the probability of outcomes for stipulated outcomes, and these probability estimates in (...) turn influence moral judgments. Our findings demonstrate that intuitive likelihoods are one critical factor in moral judgment, one that is not suspended even in moral dilemmas that explicitly stipulate outcomes. Features thought to underlie moral reasoning, such as intention, may operate, in part, by affecting the intuitive likelihood of outcomes, and, problematically, moral differences between scenarios may be confounded with non-moral intuitive probabilities. (shrink)

Gender, age, and culturally specific beliefs are often considered relevant to observed variation in social interactions. At present, however, the scientific literature is mixed with respect to the significance of these factors in guiding moral judgments. In this study, we explore the role of each of these factors in moral judgment by presenting the results of a web-based study of Eastern (i.e., Russia) and Western (i.e., USA, UK, Canada) subjects, male and female, and young and old. Participants ( n = (...) 659) responded to hypothetical moral scenarios describing situations where sacrificing one life resulted in saving five others. Though men and women from both types of cultures judged (1) harms caused by action as less permissible than harms caused by omission, (2) means-based harms as less permissible than side-effects, and (3) harms caused by contact as less permissible than by non-contact, men in both cultures delivered more utilitarian judgments (save the five, sacrifice one) than women. Moreover, men from Western cultures were more utilitarian than Russian men, with no differences observed for women. In both cultures, older participants delivered less utilitarian judgments than younger participants. These results suggest that certain core principles may mediate moral judgments across different societies, implying some degree of universality, while also allowing a limited range of variation due to sociocultural factors. (shrink)

Through hypothetical scenarios, this paper analyses whether machine learning (ML) could resolve one of the main shortcomings present in Christopher Boorse’s Biostatistical Theory of health (BST). In doing so, it foregrounds the boundaries and challenges of employing ML in formulating a naturalist (i.e., prima facie value-free) definition of health. The paper argues that a sweeping dataist approach cannot fully make the BST truly naturalistic, as prior theories and values persist. It also points out that supervised learning introduces circularity, rendering (...) it incompatible with a naturalistic perspective. Additionally, it underscores the need for pre-existing auxiliary theories to assess results from unsupervised learning. It emphasizes the importance of understanding the epistemological entanglements between data and data processing methods to manage expectations about what data patterns can predict. In conclusion, the paper argues against delegating the final authority for defining complex concepts like health to AI systems, as it necessitates ethical judgment and capacities for deliberation that AI currently lacks. It also warns against granting creators and deployers of AI systems the discretionary authority to determine these definitions outside the wider social discussion, advocating for ongoing public engagement on normative notions. Failure to do so risks limiting individuals and collectives’ ability to shape a just digital future and diminishes their fundamental epistemic agency. (shrink)

This study used fMRI to investigate the neural substrates of moral cognition in health resource allocation decision problems. In particular, it investigated the cognitive and emotional processes that underpin utilitarian approaches to health care rationing such as Quality Adjusted Life Years. Participants viewed hypothetical medical and nonmedical resource allocation scenarios which described equal or unequal allocation of resources to different groups. In addition, participants were assigned to 1 of 2 treatments in which they either did or did not receive (...) advanced instructions about the principles of utilitarianism. In all cases, participants were asked to judged the proposed allocations as “fair” or “unfair.” More brain activity was observed within the superior parietal lobe, angular gyrus, middle temporal gyrus, and bilateral caudate nucleus when participants viewed scenarios depicting equal divisions of resources. Conversely, unequal resource divisions were associated with more activity in the inferior frontal gyrus and insula cortex. Furthermore, instructions about the principles of utilitarianism led to significant activation differences within the inferior frontal gyrus and the middle frontal gyrus. Significant differences in activity were also found within the inferior frontal cortex and anterior insula between medical and nonmedical scenarios. The implications for cognitive control mechanisms and the cognitive and neural bases of utilitarian ethical judgment are discussed. (shrink)

Value and reasons for action are often cited by rationalists and moral realists as providing a desire-independent foundation for normativity. Those maintaining instead that normativity is dependent upon motivation often deny that anything called "value" or "reasons" exists. According to the interest-relational theory, something has value relative to some perspective of desire just in case it satisfies those desires, and a consideration is a reason for some action just in case it indicates that something of value will be accomplished by (...) that action. Value judgements therefore describe real properties of objects and actions, but have no normative significance independent of desires. ;It is argued that only the interest-relational theory accounts for the practical significance of value and reasons. Against the Kantian hypothesis of prescriptive rational norms, I attack the alleged instrumental norm or hypothetical imperative, showing that the normative force for taking the means to our ends is explicable in terms of our desire for the end, and not as a command of reason. This analysis also provides a solution to the puzzle concerning the connection between value judgement and motivation. While it is possible to hold value judgements without motivation, the connection is more than accidental. This is because value judgements are usually but not always made from the perspective of desires that actually motivate the speaker. In the normal case judgement entails motivation. But often we conversationally borrow external perspectives of desire, and subsequent judgements do not entail motivation. ;This analysis drives a critique of a common practice as a misuse of normative language. The "absolutist" attempts to use and, as philosopher, analyze normative language in such a way as to justify the imposition of certain interests over others. But these uses and analyses are incoherent---in denying relativity to particular desires they conflict with the actual meaning of these utterances, which is always indexed to some particular set of desires. (shrink)

Abstract:Social contract is rapidly becoming one of the significant alternatives for analyzing ethical issues in business. Contractarian approaches emphasizing consent as a means of justifying principles can provide needed context for rendering normative judgements concerning economic behaviors. Current research issues include developing tests of consent for both hypothetical and extant social contracts, and empirically testing the assumptions of the major contractarian approaches. Open questions include exploring the relationship between contractarian business ethics and other approaches, such as stakeholder management and (...) virtue based ethics; and analysis of the intersection of contractarian approaches with the findings and assumptions of the field of moral psychology. Finally, the managerial utility of social contract based approaches needs to be explored with emphasis on identifying “translator” concepts. (shrink)

Louis Pasteur’s defeat of belief in spontaneous generation has been a classical rationalist example of how the experimental approach of modern science can reveal superstition. Farley and Geison told a counter-story of how Pasteur’s success was due to political and ideological support rather than superior experimental science. They claimed that Pasteur violated proper norms of scientific method, and that the French Academy of Science did not see this, or did not want to. Farley and Geison argued that Pouchet’s experiments were (...) as valid as those of Pasteur. In this paper I argue that the core of the scientific debate was not general theories for or against spontaneous generation but the outcome of specific experiments. It was on the conduct of these experiments that the Academy made judgements favorable to Pasteur. Claude Bernard was a colleague of Pasteur, supportive and sometimes critical. I argue that Bernard’s fact-oriented methodology of “experimental medicine” is a better guide to explaining the controversy than the hypothetic-deductive view of scientific method typical of logical empiricism. (shrink)

'If' is one of the most important words in the English language, being used to express hypothetical thought. The use of conditional terms such as 'if' distinguishes human intelligence from that of all other animals. In this volume, Jonathan Evans and David Over present a new theoretical approach to understanding conditionals. The book draws on studies from the psychology of judgement and decision making, as well as philosophical logic.

This theoretical article investigates the effects of media frames on individuals' judgments. In contrast to previous theorizing, we suggest that framing scholars should embrace both, on-line and memory-based judgment formation processes. Based on that premise, we propose a model that distinguishes between two phases of framing effects. Along the first phase, the media's framing contributes to the formation of an on-line or a memory-based judgment. The second phase describes six hypothetical routes for the stability or the change of these (...) judgments: maintenance, readjustment, crystallization, inoculation, persuasion, and attenuation. At the heart of our model, we try to extract predictors for each of those routes. Finally, the implications of the proposed model for future framing research are discussed. (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)

This study is an in-depth examination of the allure of Cartesianism. Its central focus is to uncover the grounds of Cartesianism in the will, and to show how such a grounding accounts for Descartes' immediate popularity and expansive influence. Cartesianism is generally taken to be a species of rationalism or foundationalism. However, it is essential to understanding Cartesianism to see that it has its foundations in an act of pure will. ;This rarely discussed aspect of the grounds of Descartes' method (...) determines every aspect of Cartesianism and is most accessible in the Discourse on Method. However, this is one of the only studies to examine The Rules for the Direction of the Mind from the perspective of Cartesian willfulness. Enumeration operates in The Rules in lieu of prudence and memory, making it appear that the method can be successful without a moment of judgment and concealing the shortcomings of the method which Descartes was not yet ready to admit as clearly as he would later in the Discourse. ;Vico was perhaps the first philosopher to appreciate the foundation of Cartesianism in the will. He was certainly the first to articulate the implications of this facet of Cartesianism in detail. The significance of the primacy of the will at the inception of Cartesianism is that a philosophical comportment to the world, oriented to an apprehension and articulation of the truth of the whole is sacrificed for the possibility of certainty and mastery. Vico defends the traditional project of philosophy against the Cartesian attempt to redefine the paradigm, and he does so in modern terms, in direct response to Descartes. ;Grounded in pure willfulness, Cartesian modernism engendered a myriad of constructivist projects which has polarized the history and field of philosophy. Those who pursue the Cartesian ideal without a sense of irony do so at the expense of a belief to the intelligibility of their experience, for their studies take place in abstract, imaginary, and hypothetical realms. Post-moderns, who have rejected Cartesian method, also abandon the possibility of the intelligibility of their experience for they are unable to fathom non-Cartesian forms of intelligibility. The only philosophical response to Cartesianism in the modern era is to understand it well enough to recognize its influence on our understanding, and try to transcend that influence. (shrink)