Our inability to feel what others feel makes it difficult to understand how they think. Because moral intuitions organize political attitudes, moral empathy gaps can exacerbate political conflict (and other kinds of conflict as well) by contributing to the perception that people who do not share our moral opinions are unintelligent and/or have malevolent intentions.

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

We extend the target authors' moral disciplining theory (MDT) by discussing signaling, proscriptive and prescriptive morality, and the dynamics by which signaling may operate in tandem with proscriptive and prescriptive forms of moral disciplining. We also suggest that MDT can help explain challenges to economic and social progress by revealing fundamental tensions between puritanical intuitions and liberal ideals.

The moral domain is broader than the empathy and justice concerns assessed by existing measures of moral competence, and it is not just a subset of the values assessed by value inventories. To fill the need for reliable and theoretically grounded measurement of the full range of moral concerns, we developed the Moral Foundations Questionnaire on the basis of a theoretical model of 5 universally available sets of moral intuitions: Harm/Care, Fairness/Reciprocity, Ingroup/Loyalty, Authority/Respect, and Purity/Sanctity. We present evidence for the (...) internal and external validity of the scale and the model, and in doing so we present new findings about morality: Comparative model fitting of confirmatory factor analyses provides empirical justification for a 5-factor structure of moral concerns; convergent/discriminant validity evidence suggests that moral concerns predict personality features and social group attitudes not previously considered morally relevant; and we establish pragmatic validity of the measure in providing new knowledge and research opportunities concerning demographic and cultural differences in moral intuitions. These analyses provide evidence for the usefulness of Moral Foundations Theory in simultaneously increasing the scope and sharpening the resolution of psychological views of morality. (shrink)

Commentators have noted that the issue stands taken by each side of the American “culture war” lack conceptual consistency and can even seem contradictory. We sought to understand the psychological underpinnings of culture war attitudes using Moral Foundations Theory. In two studies involving 24,739 participants and 20 such issues, we found that endorsement of five moral foundations predicted judgments about these issues over and above ideology, age, gender, religious attendance, and interest in politics. Our results suggest that dispositional tendencies, particularly (...) a person’s moral intuitions, may underlie, motivate, and unite ideological positions across a variety of issues and offer new insights into the multiple “moral threads” connecting disparate political positions. (shrink)

Several scholars have recognized the limitations of theories of moral reasoning in explaining moral behavior. They have argued that moral behavior may also be influenced by moral identity, or how central morality is to one’s sense of self. This idea has been supported by findings that people who exemplify moral behavior tend to place more importance on moral traits when defining their self-concepts (Colby & Damon, 1995). This paper takes the next step of examining individual variation in a construct highly (...) associated with immoral behavior — psychopathy. In Study 1, we test the hypothesis that individuals with a greater degree of psychopathic traits have a weaker moral identity. Within a large online sample, we found that individuals who scored higher on a measure of psychopathic traits were less likely to base their self-concepts on moral traits. In Study 2, we test whether this reduced sense of moral identity can be attributed to differences in moral judgment, which is another factor that could influence immoral behavior. Our results indicated that the reduced sense of moral identity among more psychopathic individuals was independent of variation in moral judgment. These results suggest that individuals with psychopathic traits may display immoral behavior partially because they do not construe their personal identities in moral terms. (shrink)

Libertarians are an increasingly prominent ideological group in U.S. politics, yet they have been largely unstudied. Across 16 measures in a large web-based sample that included 11,994 self-identified libertarians, we sought to understand the moral and psychological characteristics of self-described libertarians. Based on an intuitionist view of moral judgment, we focused on the underlying affective and cognitive dispositions that accompany this unique worldview. Compared to self-identified liberals and conservatives, libertarians showed 1) stronger endorsement of individual liberty as their foremost guiding (...) principle, and weaker endorsement of all other moral principles; 2) a relatively cerebral as opposed to emotional cognitive style; and 3) lower interdependence and social relatedness. As predicted by intuitionist theories concerning the origins of moral reasoning, libertarian values showed convergent relationships with libertarian emotional dispositions and social preferences. Our findings add to a growing recognition of the role of personality differences in the organization of political attitudes. (shrink)

This paper describes the development of pragma-dialectics as a theory of argumentative discourse. First the development of the pragma-dialectical model of a critical discussion is explained, with the rules that are to be complied with in order to avoid fallacies from occurring. Then the integration is discussed of rhetorical insight in the dialectical framework. In this endeavour, the concept of strategic manoeuvring is explained that allows for a more refined and more profoundly justified analysis of argumentative discourse and a better (...) identification of fallacies. The paper ends with a brief overview of current research projects. (shrink)

Van Eemeren and Houtlosser observe that Walton’s (and Walton and Krabbe’s) notion of ‘dialogue type’ involves a mixture of an empirical notion on a par with a speech event or activity type and a normative notion such as the model of a critical discussion. Then they discuss Walton’s contextual analysis of fallacies as illegitimate dialectical shifts of dialogue types and offer an alternative in which both the empirical and the normative dimension are given their due.

The paper reacts against the strict separation between dialectical and rhetorical approaches to argumentation and argues that argumentative discourse can be analyzed and evaluated more adequately if the two are systematically combined. Such an integrated approach makes it possible to show how the opportunities available in each of the dialectical stages of a critical discussion have been used strategically to further the rhetorical aims of the speaker or writer. The approach is illustrated with the help of an analysis of an (...) `advertorial' published by R. J. Reynolds Tobacco Company. (shrink)

Starting January 1, 2017, the Oregon Health Authority (OHA, henceforth) made a sweeping decision that no elective surgery is to be performed for Medicaid recipients who smoke tobacco. The authors of this paper investigate the administrative procedures behind the OHA’s decision, explore some possible ethical arguments for and against the decision, and render our ethical verdict about the ban and our suggestion for the OHA. Meanwhile, since this issue involves the problems of smoking-related addiction, the agent’s autonomy which may be (...) understood in the light of moral freedom and rationality/irrationality, and our society’s perception about obesity and cigarette smoking; the paper engages in a deeper philosophical debate about the problems beyond the legal purview of the ban. (shrink)

A celebration of Eva Brann, prolific author and beloved teacher at St. John's College.

Marcus Lutter is one of the most renowned legal scholars in Germany and has significantly influenced commercial law over the past few decades, particularly the law of limited liability companies and the law of stock corporations. Issued in honor of his 80th birthday, this collected volume presents the 65 most important essays by Marcus Lutter on matters of company law. It particularly addresses the bodies and members of the bodies of a company, the affiliated group, capital protection, transformation law and (...) financial accounting, as well as the principle national and international issues concerning business and company law and legal policy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kinship:The Relationship Between Johnstone's Ideas about Philosophical Argument and the Pragma-Dialectical Theory of ArgumentationFrans H. van Eemeren and Peter Houtlosser1. Johnstone on the Nature of Philosophical ArgumentAs he himself declared in Validity and Rhetoric in Philosophical Argument (1978, 1), the late philosopher Henry W. Johnstone Jr. devoted a long period of his professional life to clarifying the nature of philosophical argument. His well-known view was that philosophical arguments (...) are sui generis, i.e., not to be judged by the standards of argumentation in science or everyday discourse. Philosophical arguments are not ad rem, but are based on premises that are expressed or implied commitments of a party in dialogue. This is why philosophical argumentation is, according to Johnstone, always ad hominem. In philosophical argumentation, every ad rem argument begs the question.Usually, ad hominem argumentation is dismissed as invalid. Johnstone, however, maintains that making use of argumentum ad hominem is the only way to establish a philosophical conclusion. In an argumentum ad hominem, inferences are drawn from propositions stated or implied by the other party and critical questions are raised about the conclusions that were drawn, so that it can be used to refute a philosophical position by showing that this position is inconsistent. As Walton (2001) rightly observes, this type of ad hominem argumentation boils down to arguing from commitments of the other party, i.e., ex concessis.The use of ad hominem argumentation as the criticism of a position in terms of its own presuppositions is, in Johnstone's view, the only valid argument in philosophy, if any philosophical argument is indeed valid. All philosophical polemic is in this perspective in fact addressed ad hominem. This applies not only to philosophical argumentation that concerns self-referential refutation but also to other ad hominem types of philosophical argumentation, including the tu quoque argument (1978, 11–12).According to Johnstone, there is no objective criterion for determining the validity of ad hominem argumentation. Validity must, says Johnstone in the [End Page 51] epilogue of his collected essays on philosophical argument, be viewed as "a regulative ideal" (135). Much earlier, Johnstone had already come to the conclusion that "the valid argument is the one that maintains philosophical discussion" (38). It is this self-perpetuating feature that is the distinctive rationality of philosophy. By forcing the interlocutor to elaborate his philosophical position rather than just repeat it, the gap between the interlocutors is bridged.In order to distinguish between constructive persuasive argumentation and mere repetition or other forms of paralyzing the discourse, the line must be drawn between responsible and irresponsible persuasion. This is a problem for Johnstone. Where the Ancients solved the problem by insisting that the persuader be virtuous, Johnstone proposed to base the distinction between responsible and irresponsible persuasion on the attitude of the philosopher and his interest in maintaining the philosophical enterprise. The philosopher is a critic who criticizes con amore. His intention to do so, however, is revealed "only in the way he goes about his work" (84).A more down to earth criterion for responsible persuasion that Johnstone proposed is that the discourse should not tend to degenerate. Logic, as the discipline concerned with reason, serves to prevent the discussion from degenerating, but it can do so only if the parties concerned have jointly committed themselves to certain logical principles. If in philosophical argument a defendant is under no obligation to acknowledge an inconsistency when the other party points out an inconsistency in his position, then the other party's criticism cannot count as valid. According to Johnstone, however, it will depend on the parties' presuppositions whether or not they consider two statements as being inconsistent. In other words, what is inconsistent for the one party may not be inconsistent for the other party.Few obligations are imposed on everyone; most obligations arise from commitments made by specific individuals or groups of individuals. As Johnstone says, "Even the cogent philosophical argument is not, of course, absolutely cogent; it is cogent only relatively to interlocutors who maintain the premises on which it depends" (27). Once we abandon the search for objective conditions under which philosophical arguments can be valid, according... (shrink)

Trust is a central dimension in the relation between human beings and technologies. In many discourses about technology, the relation between human beings and technologies is conceptualized as an external relation: a relation between pre-given entities that can have an impact on each other but that do not mutually constitute each other. From this perspective, relations of trust can vary between _reliance_, as is present for instance in technological extensionism, and _suspicion_, as in various precautionary approaches in ethics that focus (...) on technological risks. Against these two interpretations of trust, this article develops a third one. Based on a more internal account of the relations between human beings and technologies, it becomes possible to see that every technological development puts at stake what it means to be a human being. Using technologies, then, implies trusting ourselves _to_ technologies. We argue that this does not imply an uncritical subjection to technology. Rather, recognizing that technologies help to constitute human subjectivity implies that human beings can get actively involved in processes of technological mediation. Trust then has the character of _confidence_: deliberately trusting oneself _to_ technology. (shrink)

Van Eemeren and Houtlosser view fallacies as “derailments of strategic maneuvering” that go against a norm for critical reasonableness. What is to happen if such a derailment is perceived to have taken place? Krabbe (2003) and Jacobs (2000) have discussed the possibilities for continuing the argumentative exchange in a constructive way. Starting from their proposals, van Eemeren and Houtlosser argue that the party who observes that something has gone wrong should maneuver in such a way that at the same time (...) the derailment is recognized and a “re-railment” takes place that brings the discussion back on track. This means that then a meta-dialogue or sub-discussion develops in which the alleged fallacy is responded to and readjusted appropriately. Although this solution has something in common with both Krabbe’s proposal and Jacobs’ proposal, it differs from Krabbe’s proposal because it does not result in just retracting or maintaining the alleged fallacy and it differs from Jacobs’ proposal because it does not allow for making a move that has the appearance of a counter-fallacy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kinship:The Relationship Between Johnstone's Ideas about Philosophical Argument and the Pragma-Dialectical Theory of ArgumentationFrans H. van Eemeren and Peter Houtlosser1. Johnstone on the Nature of Philosophical ArgumentAs he himself declared in Validity and Rhetoric in Philosophical Argument (1978, 1), the late philosopher Henry W. Johnstone Jr. devoted a long period of his professional life to clarifying the nature of philosophical argument. His well-known view was that philosophical arguments (...) are sui generis, i.e., not to be judged by the standards of argumentation in science or everyday discourse. Philosophical arguments are not ad rem, but are based on premises that are expressed or implied commitments of a party in dialogue. This is why philosophical argumentation is, according to Johnstone, always ad hominem. In philosophical argumentation, every ad rem argument begs the question.Usually, ad hominem argumentation is dismissed as invalid. Johnstone, however, maintains that making use of argumentum ad hominem is the only way to establish a philosophical conclusion. In an argumentum ad hominem, inferences are drawn from propositions stated or implied by the other party and critical questions are raised about the conclusions that were drawn, so that it can be used to refute a philosophical position by showing that this position is inconsistent. As Walton (2001) rightly observes, this type of ad hominem argumentation boils down to arguing from commitments of the other party, i.e., ex concessis.The use of ad hominem argumentation as the criticism of a position in terms of its own presuppositions is, in Johnstone's view, the only valid argument in philosophy, if any philosophical argument is indeed valid. All philosophical polemic is in this perspective in fact addressed ad hominem. This applies not only to philosophical argumentation that concerns self-referential refutation but also to other ad hominem types of philosophical argumentation, including the tu quoque argument (1978, 11–12).According to Johnstone, there is no objective criterion for determining the validity of ad hominem argumentation. Validity must, says Johnstone in the [End Page 51] epilogue of his collected essays on philosophical argument, be viewed as "a regulative ideal" (135). Much earlier, Johnstone had already come to the conclusion that "the valid argument is the one that maintains philosophical discussion" (38). It is this self-perpetuating feature that is the distinctive rationality of philosophy. By forcing the interlocutor to elaborate his philosophical position rather than just repeat it, the gap between the interlocutors is bridged.In order to distinguish between constructive persuasive argumentation and mere repetition or other forms of paralyzing the discourse, the line must be drawn between responsible and irresponsible persuasion. This is a problem for Johnstone. Where the Ancients solved the problem by insisting that the persuader be virtuous, Johnstone proposed to base the distinction between responsible and irresponsible persuasion on the attitude of the philosopher and his interest in maintaining the philosophical enterprise. The philosopher is a critic who criticizes con amore. His intention to do so, however, is revealed "only in the way he goes about his work" (84).A more down to earth criterion for responsible persuasion that Johnstone proposed is that the discourse should not tend to degenerate. Logic, as the discipline concerned with reason, serves to prevent the discussion from degenerating, but it can do so only if the parties concerned have jointly committed themselves to certain logical principles. If in philosophical argument a defendant is under no obligation to acknowledge an inconsistency when the other party points out an inconsistency in his position, then the other party's criticism cannot count as valid. According to Johnstone, however, it will depend on the parties' presuppositions whether or not they consider two statements as being inconsistent. In other words, what is inconsistent for the one party may not be inconsistent for the other party.Few obligations are imposed on everyone; most obligations arise from commitments made by specific individuals or groups of individuals. As Johnstone says, "Even the cogent philosophical argument is not, of course, absolutely cogent; it is cogent only relatively to interlocutors who maintain the premises on which it depends" (27). Once we abandon the search for objective conditions under which philosophical arguments can be valid, according... (shrink)

Considering Pragma-Dialectics honors the monumental contributions of one of the foremost international figures in current argumentation scholarship: Frans van Eemeren. The volume presents the research efforts of his colleagues and addresses how their work relates to the pragma-dialectical theory of argumentation with which van Eemeren’s name is so intimately connected. This tribute serves to highlight the varied approaches to the study of argumentation and is destined to inspire researchers to advance scholarship in the field far into the future. Replete with (...) contributions from highly-esteemed academics in argumentation study, chapters in this volume address such topics as: *Pragma-dialectic versus epistemic theories of arguing and arguments; *Pragma-dialectics and self-advocacy in physician-patient interactions; *The pragma-dialectical analysis of the ad hominem family; *Rhetoric, dialectic, and the functions of argument; and *The semantics of reasonableness. As an exceptional volume and a fitting tribute, this work will be of interest to all argumentation scholars considering the astute insights and scholarly legacy of Frans van Eemeren. (shrink)

There are a number of possible strategies open to one in meeting this problem. He can try to show that God's unlimited power and goodness are, in fact, compatible; or show, through linguistic analysis, that the problem is meaningless; or show, through the use of the notions of commitment and mysticism, that the problem can be safely ignored. There are, however, grave difficulties with all these moves. So the most reasonable alternative move for one who wishes to remain more or (...) less within the theistic tradition is to try to modify the notion of unlimited power in a way that neither does violence to this tradition nor founders on the problem of evil. Whitehead and Hartshorne are the best examples of this interesting and complicated strategy. This strategy requires careful analysis before effective criticism can be advanced. After careful analysis, however, the criticisms of this strategy can be seen to be as effective as the criticisms of all the other strategies. The ultimate result is driving another nail into the coffin of religious cosmology. (shrink)