This chapter contains sections titled: How Kant Answers Hegel's Formalism Charge Basic Principles versus Particular Duties: Kant and Rawls What Is My Obligation to Reduce Poverty? Social Contexts Specify the Content of Maxims Herman's Rules of Moral Salience The Humanity of Others Is Not Simply Given Developing Moral Judgment: The Case of Kant Himself The Return of Hegel.

I argue that Kant’s Categorical Imperative should be applied to individual maxim tokens rather than abstract maxim types. The article is divided into five sections. In the first, I explain my thesis. In the second, I show that my thesis disagrees with Rawls. In the third, I argue for my thesis on the basis of the wording of the Categorical Imperative and on the basis of considerations about autonomy. In the fourth, I argue for my thesis on the (...) basis of considerations about the ‘ought implies can’ principle. In the fifth, I provide a summary of the main argumentative moves and also explain some of the philosophical advantages of my thesis. (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hegel's Value: Justice as the Living Good by Dean MoyarThimo HeisenbergDean Moyar. Hegel's Value: Justice as the Living Good. Oxford: Oxford University Press, 2021. Pp. 384. Hardback, $110.00.Hegel's Philosophy of Right is one of those texts that make it easy to miss the forest for the trees. On the argumentative journey from private property and punishment, via the "emptiness" of Kant's moral law to Hegel's vision (...) of a rational social order, it is easy to lose sight of the overall arch of Hegel's argument. Indeed, this kind of problem is confounded by an ever-growing literature on individual ideas and sections of the text (from Hegel's conception of agency to his argument for the market economy), which, while interesting and rewarding on their own, direct our attention to parts of his argument, rather than to the Philosophy of Right as a whole.Dean Moyar's new book is devoted to making us see the forest again—albeit while never leaving the trees out of sight. Indeed, to stretch the metaphor of forest and trees a little bit further, Moyar builds his ambitious endeavor on two new interpretative theses, which enable him to show us completely new paths through and clearings in the forest, bringing to light previously underappreciated aspects of the argument and adding refreshing new takes on the parts of Hegel's view that are already well known.The first of Moyar's two central theses concerns Hegel's methodology in his Philosophy of Right. Moyar maintains that the structure of the Philosophy of Right can be understood as a "teleologically inferentialist" account: the content of the norms of right is developed through use, where at each stage of the argument the content of those norms is refined by sublating previous failures of application. But while this Hegelian process is dynamic, relying on conflicts and their resolution, the process is—in contrast to some pragmatist forms of inferentialism—not open-ended: instead, or so Moyar convincingly argues, it leads to a point of inferential equilibrium as telos of the text (Hegel's vision of Ethical Life), in which some dynamism persists but further development of right is no longer necessary.This kind of interpretation, Moyar argues, has several advantages: it renders the methodology of the Philosophy of Right consistent with the method of Hegel's Logic, but it also provides us with a general template (which Moyar calls the "basic argument" [30 and passim]) on which to understand all the different transitions in the Philosophy of Right as structurally analogous, thereby showing Hegel to be both intertextually and intratextually consistent. Even more, using this basic argument as a template, Moyar puts himself in a position to generate interesting understandings of all the major and minor transitions in Hegel's text, focusing not merely on the most well-known (the transition from Morality to Ethical Life), but also on those that have traditionally received much less attention (such as the minor transition that leads from the contradiction between right [Recht] and welfare [Wohl] to the Good).The second of Moyar's two central theses concerns the importance of the concept of value to Hegel's project. Indeed, Moyar argues that even though the word 'value' (Wert) may not appear frequently in the published version of Hegel's lectures, the concept of value is at work everywhere in the text. Moyar, consequently, traces the presence of this concept throughout the Philosophy of Right, using it to understand many of the forbiddingly [End Page 327] difficult passages, from the dense section on the "Alienation of Property" early on in the part on Abstract Right, to Hegel's later views on the relationship between right and duty, his precarious theory of the "circulation of value" on the market, and finally his view of history at the end of the Philosophy of Right.In this way, Moyar extracts a rich interpretative bounty: he defends a heterodox reading of Hegel as a legal positivist, reconstructs a Hegelian doctrine of public reason, and argues against an "amoral" reading of Hegel's account of history. Most important, perhaps, is his interpretation of the relationship... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:134 When the woman saw that the fruit of the tree was good for food and pleasing to the eye, and also desirable for gaining wisdom, she took some and ate it —­Genesis 3:6 Abstract Aesthetics has emerged as an important battleground in the moral quest for a lower carbon society. Especially in the case of proposed wind farms (an environmentally benign technology in terms of low (...) carbon emissions), opponents frequently refer to the unsightly machines creating negative landscape impacts and ruining the view. This essay seeks to reflect on the particular ways in which visual aesthetics are framed and mobilized in this moral debate. Exploring the dividing lines between pictoral and more-­ than-­ representational approaches I ask if the moral dilemmas in our landscape decisions (e.g. individual rights to beauty or collective duties toward future generations) are obscured by physical or visual realms. The largely invisible nature of wind, electricity and climate change, set within the physical and tangible nature of landscapes and turbines, challenges us to experience the aesthetics of landscapes-­ with-­ machines through more creative and engaging means that are not limited to visibility, nor deaf to morality. SIN, DUTY, AND THE AESTHETICS OF NATURE As the first act of sin in the bible, Eve’s consumption of a visually aesthetic fruit led to humans being banned from the Garden of Eden. Looking at the above sentence more closely, we could even argue that “good for food” is not a positive condition (e.g. tasty, nourishing), but Justice in the Eye of the Beholder? ‘Looking’ Beyond the Visual Aesthetics of Wind Machines in a Post-­Productivist Landscape DAN VAN DER HORST Dan van der Horst / Justice in the Eye of the Beholder? 135 rather the absence of a negative (e.g. inedible), whilst “also desirable” may sound like the hunger for wisdom was only a secondary, additional attraction. The sentence thus draws attention to the key role of aesthetics in the making of a moral decision; would Eve have eaten the forbidden fruit if it was not “pleasing for the eye”? Aesthetic judgments may be informed by a range of factors, but as this bible quote illustrates, morality is key among them. Associations between right and wrong on the one side and beauty or ugliness on the other, are not exactly rare in written history, be they religious, literary or scholastic works. As a marked contribution to the latter, Immanuel Kant has paid particularly close attention to the links between aesthetics and morality, arguing amongst others that any universal agreement in judgments of the sublime must rest on an appeal to moral feelings.1 But universality is not the only logical link between aesthetic judgementandmorality.Peoplecanfeelasenseof‘duty’tofindcertainthings beautiful e.g. because that is the aesthetic judgment of the group they aspire to belong to.2 Whilst this sense of duty can refer to social conditioning and group belonging, it also has resonance for landscape aesthetics at a time of anthropogenic climate change (a universal threat) when we must “learn to love the low carbon landscape.”3 This presents a point of departure from the debate on the moral obligation of preserving aesthetically pleasing landscapes (as we tend to do through legal designations, e.g. national parks), an ethical logic which leads, to use the words of Holmes Rolston, “from beauty to duty.”4 Moreover a posi­ tive aesthetical appreciation of a landscape because it accommodates low carbon technologies, would potentially require an inverse ethical logic, i.e. from duty to beauty.5 Notwithstanding the clear conceptual links between moral and aesthetic judgment, in everyday life it may be far less clear what kind of moral issues may underpin particular expressions of aesthetic sensibility. This can be particularly problematic for the deployment of environmental technologies (i.e. technologies pursued to reduce pollution ) that have significant landscape footprints. That is where we can find universal moral claims demanding environmental action for the common good rubbing up against aesthetic landscape judgments in places where such developments are proposed. This produces an unsatisfactory situation in which the deployment of clean technologies ENVIRONMENT, SPACE, PLACE / VOLUME 10 / ISSUE 1 / 2018 136 is delayed, tensions within local communities may increase... (shrink)

I want to distinguish between maxims at three levels of abstraction. At the first level are what I shall call individual maxims, or i‐maxims: maxim tokens as adopted by particular rational beings. At the second level are abstract maxims, or a‐maxims: abstract principles distinct from any individual who adopts them. At the third level are maxim kinds, or k‐maxims: sets of various action‐guiding principles that are grouped on the basis of (...) their content. In this paper, I argue for the thesis that i‐maxims are the locus of assessment in Kant's ethics. (shrink)

The article presents a theoretical analysis of the extramural polemic between Slavoj Žižek and Evald Ilyenkov, undertaken in the context of the search for the foundational underpinnings of the two philosophers’ perspectives on the limit-logical definitions of being. It shows how this apparently “abstract” search grows out of the socio-historical circumstances of the thinkers’ lives, which are inscribed in the dramatic conditions of existence of the political events of the twentieth century. The active life-political position of the follower of (...) Marx’s ideas, figuratively expressed in the text by Lenin’s term “tactics of social democracy” (Lenin 1962), is justified by one or another cognitive position: the unified attitude “not to explain but to transform the world” breaks down into various “tactics” precisely in the attempt to solve the problem of radical negativity (as Žižek formulates it). This is expressed in the division of Marxism into “Western” and “Eastern”. This article analyzes the legitimacy of such a division and shows the conditions for a disintegration of the divide. The relation of Ilyenkov and Žižek to Hegel’s works turns out to be the key to understanding this division, and consequently to the essential difference in socio-political attitudes and “tactics”, of which they are creative representatives. The analysis leads to the formulation of the “germ cell” of disagreement between Ilyenkov and Žižek—the problem of the universal—which unfolds in the difference between the thinkers’ positions on certain theoretical points. The limitation of Ilyenkov’s position, established under the fire of Žižek’s criticism, is removed, according to the author, by the development of a new category of “fractality”, which acts as a counterpart to the main dialectical category of “totality” and provides a concrete (in the Hegelian sense) solution to the problem of radical negativity in the spirit of the classical philosophical tradition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:177 SOCIAL JUSTICE: FROM RAWLS TO HUME It is said that "the implacable Professor," John Langshaw Austin, once set as a final examination question: "'Power polities': what other sorts of politics are there?" Had Hume been requested to discourse about social justice, he might well have responded in a parallel way: 'What non-social kinds is the insertion of that adjective intended to exclude from consideration?1 (...) For, as Hayek has urged, Hume chose an unfortunate label for the second of the two kinds of virtue distinguished at the beginning of Part II of Book III of the Treatise. Certainly "the circumstances and necessities of mankind," which give rise to the "artifice or contrivance" of what Hume calls artificial virtues, are "the circumstances and necessities" of social living; something which, he would always be the first to insist, is altogether natural to our species. So, if only he had thought to label this sort of virtues 'social' rather than 'artificial,1 he would not have had to end that Section I with an awkward final paragraph protesting that, "Tho' the rules of justice be artificial they are not arbitrary. Nor is the expression improper to call them Laws of Nature; if by natural we understand what is common to any species, or even if we confine it to mean what is inseparable from the species." In fact, it is just worth remarking, no contemporary ever would have asked Hume for his views about social justice; or, at any rate, not in those words. For, as my friend Roland Hall tells me, the first employment known to the revisers of the Oxford English Dictionary of what has since become one of the most popular of political cant phrases dates only from 1861. It occurs in Utilitarianism, at pp. 57-58 178 in the Everyman edition. There J. S. Mill first insists: not that society should treat all equally well, period; but "that society should treat all equally well who have deserved equally well of it." He continues: "This is the highest abstract standard of social and distributive justice; towards which all institutions, and the efforts of all virtuous citizens, should be made in the utmost possible degree to converge." Mill himself says nothing here, or perhaps anywhere, to explain what the adjective is supposed to be doing. It seems to have been a favourite, which he was the first to preface, with equally little particular reason given, to several other nouns. So if, as seems most likely, it is intended to be no more than a superfluous synonym for 'distributive,' then it becomes important for us to notice that to Mill, as to so many of his successors, the scope of "social and distributive justice" is universal: it is what determines who is the rightful possessor of any good whatever. Thus, in contemporary courts of distributive justice, everything is up for grabs. Yet it was not ever thus, and we ought to demand reason why it should have become so. Aristotle in the Nicomachean Ethics, was, so far as we know, the first philosopher to distinguish distributive from corrective justice. He ruled that the former "is exercized in distributions of honour or wealth or of anything else which is to be divided among those who have a share in the constitution; since in these it is possible for one to have an allocation either equal or unequal to that of another" (1130B30-4). A generation dazed by the drum-beat rhetoric of equality and social justice will no doubt be 179 inclined to construe these words as making the very modern assumption that there has been an active and collective distribution of all goods, and ought now to be an active and collective redistribution. Yet such anachronistic assumptions are ruled out as Aristotle proceeds: first, to entertain the oligarchic suggestion that the relevant criterion of entitlement might be the possession of wealth; and then to conclude that this "Justice in distributing common property... when a distribution is made from the common stock... will follow the same ratio as that between the amounts which the several persons have contributed to the common stock" (1131A 25-9 and 1131B 28-33). The common... (shrink)

This article takes up the challenge that the motto “Do What is Right Though the World Should Perish” invites for an answer to Kant's arguments in defense of the motto. His argumentation is discussed, as well as the underlying assumptions concerning the role of Providence, the rejection of moral conflict, and the prudential risks associated with abandoning moral absolutism. The first two are rejected, the third seen as only partially tenable. Finally, the question is taken up what to do (...) about moral prohibitions in a world in which they can quite literally prevent or bring about universal perishing. (shrink)

Following the tradition of classical liberalism, Kant's political philosophy and theory of justice focus on the relation between individual freedom, as the central value of political life, and the state, whose primary normative function is both to restrain and protect individual liberty. In this accessible interpretation of Kant's political philosophy, Allen D. Rosen focuses on the relation among justice, political authority (the state), and individual liberty. He offers interpretations of the ethical bases of Kant's (...) view of justice, of the structure of his taxonomy of duties, and of his understanding of social welfare legislation. Arguing against the grain of much recent scholarly commentary, Rosen asserts that Kant's principles of justice are direct corollaries of the Categorical Imperative and that Kant does not support an absolute or even near-absolute duty of obedience to governments. He also maintains that Kant has principled and important reasons for repudiating a right of revolution and that Kant is not, as he is almost always taken to be, an advocate of the nightwatchman or minimal state. The Kant that emerges from Rosen's pages is an appealing and surprisingly modern philosopher, whose preoccupation with individual freedom still resonates in contemporary political and philosophical debates, and whose attempts to define the proper limits of individual liberty remain relevant even at the end of the twentieth century. (shrink)

This paper develops a framework for conceptualising social justice in education, drawing particularly on Martha Nussbaum's (2000) capabilities approach. The practical case for consideration is that of widening participation and pedagogical implications in higher (university) education in England. While the paper supports the value and usefulness of Nussbaum's list of ten capabilities for developing a more radical and challenging language and practice for higher education pedagogies, it also argues that her approach is limited. Other ways of conceptualising social (...) justice are also required in order to develop adjudicating theories which enable us to judge which practices take us closer to social justice. An argument is made for ‘bivalent’ theorising which integrates individual and institutional development and agents and social structures. (shrink)

Lively current debates about narratives of historical progress, the conditions for international justice, and the implications of globalisation have prompted a renewed interest in Kant's Idea for a Universal History with a Cosmopolitan Aim. The essays in this volume, written by distinguished contributors, discuss the questions that are at the core of Kant's investigations. Does the study of history convey any philosophical insight? Can it provide political guidance? How are we to understand the destructive and bloody upheavals that (...) constitute so much of human experience? What connections, if any, can be traced between politics, economics, and morality? What is the relation between the rule of law in the nation state and the advancement of a cosmopolitan political order? These questions and others are examined and discussed in a book that will be of interest to philosophers, social and political theorists, and intellectual and cultural historians. (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1) to show that Kant's Doctrine of Right can offer solutions (...) for the complex relation between economics and politics in our present time; 2) to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3) to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state. O presente artigo tenciona contribuir a esclarecer uma questão, tão complicada quanto polêmica, no âmbito da teoria kantiana do Estado de direito. Pretendo submeter à discussão se a teoria racional de Kant sobre o Estado legal sustenta ou rejeita o fato de que certas situações sociais excepcionais, como a extrema pobreza de uma parte da população, requerem o apoio institucional do Estado para garantir a consecução de um limiar mínimo de independência civil. Proponho-me os três seguintes objetivos: 1) argumentar a capacidade da doutrina kantiana do direito para propor soluções para a difícil relação entre economia e política, no tempo presente; 2) mostrar que o ponto de vista pragmático que Kant adota quando analisa as preocupações sociais do Estado recusa a ideia segundo a qual Kant sustenta uma concepção abstrata da política e 3) sugerir a tese de uma teoria não paternalista do Estado de direito sem ter que renunciar necessariamente aos princípios básicos do welfare state. (shrink)

In theory and practice, the notion of fairness is far from simple. The principle is often elusive and subject to confusion, even in institutions of law, usage, and custom. In Fairness, Nicholas Rescher aims to liberate this concept from misunderstandings by showing how its definitive characteristics prevent it from being absorbed by such related conceptions as paternalistic benevolence, radical egalitarianism, and social harmonization. Rescher demonstrates that equality before the state is an instrument of justice, not of social utility (...) or public welfare, and argues that the notion of fairness stops well short of a literal egalitarianism. Rescher disposes of the confusions arising from economists' penchant to focus on individual preferences, from decision theorists' concern for averting envy, and from political theorists' sympathy for egalitarianism. In their place he shows how the idea of distributive equity forms the core of the concept of fairness in matters of distributive justice. The coordination of shares with valid claims is the crux of the concept of fairness. In Rescher's view, this means that the pursuit of fairness requires objective rather than subjective evaluation of the goods being shared. This is something quite different from subjective equity based on the personal evaluation of goods by those laying claim to them. Insofar as subjective equity is a concern, the appropriate procedure for its realization is a process of maximum value distribution. Further, Rescher demonstrates that in matters of distributive justice, the distinction between new ownership and preexisting ownership is pivotal and calls for proceeding on very different principles depending on the case. How one should proceed depends on context, and what is adjudged fair is pragmatic, in that there are different requirements for effectiveness in achieving the aims and purposes of the sort of distribution that is intended. Rescher concludes that fairness is a fundamentally ethical concept. Its distinctive modus operandi contrasts sharply with the aims of paternalism, preference-maximizing, or economic advantage. Fairness will be of interest to philosophers, economists, and political scientists. "[Fairness is] one of the most forceful conceptual analysis of fairness yet produced." -Ludwig Beckman, The Review of Metaphysics Nicholas Rescher is University Professor of Philosophy and vice chairman of the Center for Philosophy of Science at the University of Pittsburgh. He has written more than seventy books in various areas of philosophy, including Complexity: A Philosophical Overview and Inquiry Dynamics, both published by Transaction. (shrink)

Photo by Tingey Injury Law Firm on Unsplash ABSTRACT The coverage of healthcare costs allegedly brought about by people’s own earlier health-adverse behaviors is certainly a matter of justice. However, this raises the following questions: justice for whom? Is it right to take people’s past behaviors into account in determining their access to healthcare? If so, how do we go about taking those behaviors into account? These bioethical questions become even more complex when we consider them in the context (...) of a commitment to publicly funded, universal healthcare coverage. INTRODUCTION Healthcare coverage of lifestyle-related conditions is certainly a matter of justice. However, this raises the following justice-related question: Is it right to consider people’s past behaviors in determining their access to healthcare? If so, the methods of taking those behaviors into account must be fair and justifiable. This bioethical question becomes even more complex when we consider it in the context of a commitment to publicly funded, universal healthcare coverage. This paper takes an old, classic debate, evaluates newer approaches, and offers an argument favoring a combined approach which alters the liberal-egalitarian solution to account for social justice. ANALYSIS l. Causes of Disease If healthcare coverage were universal, irrespective of socioeconomic status and lifestyle, people would contribute to the cost of remedying the lifestyle-induced health problems of others. In the West, lifestyle-related diseases are burdensome.[1] This paper approaches this concern from a western lens that incorporates both a European tradition of “social safety nets” and an American tradition of personal freedoms. By taking such an approach, solutions to the consequences of one’s past behavior burdening others must consider an individual’s personal freedom to choose to act as he or she wishes, with the distributive social and economic equality of the many. The concept of disease caused by lifestyle and diet is proven. Many health conditions include behavioral risk factors. Multi-pack smoking increases the risk of chronic lung disease, while obesity increases the risk of type 2 diabetes. Inattention to high blood pressure, high cholesterol, and a lack of exercise leads to increased risks of coronary artery disease.[2] While poor lifestyle choices certainly influence these conditions, their causes are multifactorial, and it is difficult to say that any single string of poor choices led to their development. In a scenario where two men excessively eat fast food for 20 years, several discrete factors impact whether any of them might suffer an ischemic-embolic stroke or not. Genetics, circumstances, and activity will also contribute to outcomes. ll. Alcohol-Related End-Stage Liver Disease One paper suggests that alcohol-related end-stage liver disease (ARESLD) differs from other multifactorial disorders as alcohol alone causes the disease.[3] It justifies attributing personal responsibility to patients with ARESLD because the condition develops only after the cumulative effects of large quantities of alcohol consumed from years to decades.[4] However, the paper undermines its position by admitting that even the susceptibility to becoming an alcoholic has some degree of genetic predisposition.[5] Given the extreme scarcity of donor livers, some patients may be prioritized over others on the transplant waiting list. Since donor livers cannot be given to everyone, transplanting a liver into an alcoholic may result in death for competing candidates whose liver disease was not their fault. All else being equal, if bioethicists avoid claiming moral deficiency or judgment, those with apparently self-inflicted ARESLD will not be deprived of treatment but will have a lower priority for transplant.[6] In contrast, another position suggests that it is often difficult to define what behaviors are punishable as these are largely personal and value-laden.[7] Still, people do not support using their own resources to support the consequences of others’ poor choices, no matter how objective.[8] In democratic societies, one must take into consideration community morals and values.[9] Even if we were to punish people for their health-adverse behaviors, we could not logistically employ the vigorous and sustained efforts necessary to determine whose actions are morally weak.[10] lll. The Liberal-Egalitarian Proposal One past argument proposes a liberal-egalitarian solution to manage personal responsibility for so-called “lifestyle diseases.”[11] This Rawlsian system combines the European-style “social safety net” commitment to social and economic equality with the American liberal notion of pluralist toleration and personal freedoms. This idealized system aims to hold people responsible for their choices rather than the consequences to mitigate the downside of blaming those who might not be blameworthy. The approach avoids determining the questionable nature of luck and personal responsibility for health outcomes, fairness in the distribution of economic burden, and the intrusiveness required to practically determine who acts in a morally wrong and health-adverse way. The liberal-egalitarian model, a theory of distributive justice, has two facets: the liberal principle that people should be held accountable for their choices and the egalitarian principle that people who make the same choices should have the same outcomes.[12] This model attempts to fuse responsibility with equity by seeking to reward good behavior and tax bad behavior rather than punish the consequences of the action and navigate who deserves treatment. For instance, the hospital bedside is not the appropriate place to introduce responsibility for one’s health outcomes.[13] This appeals to the reality that, at that time, discerning the true causes of disease was not plausible and to humanity in avoiding a heartless and cruel approach. An argument in favor of the liberal-egalitarian model considers its method of implementation. This approach assumes that the healthcare system treats all individuals regardless of their choices or ability to cover costs. The liberal-egalitarian model also assumes that a certain adverse health condition is related, statistically speaking, to the consumption of a certain good and that good can be taxed. As such, it proposes to tax the consumption of that good to finance the collective burden which arises from that good’s consumption rather than require individuals to pay for their own treatment. In the example of ARESLD, the recommended solution would be taxing all alcohol. While a systematic infrastructure is not explicit, there is the implication that a per-unit tax can be imposed on alcohol so the total tax revenue would make up for the additional healthcare costs due to consumption.[14] Upholding the principle that all people who make the same choices should face the same costs, all consumers of alcohol would pay the same tax, regardless of factors such as genetic predisposition to alcoholism, lifestyle, or expected cost of treatment. Upholding the principle of individual responsibility, this model does not deny treatment to anyone, neutralizing factors outside that individual’s control by imposing the tax ex-ante. Other people are not burdened by those who consume the good. People who consume alcohol face a burden proportional to the amount consumed. This tax-based implementation is justified so long as the tax is not prohibitively high for the average consumer. Further, the model mitigates concerns over the intrusiveness of ascribing morality to health-adverse behaviors. lV. Moral and Social Arguments Against the Liberal-Egalitarian Position Arguments against the liberal-egalitarian model concerns its many assumptions. First, this model assumes that consumption of such goods is directly related to the health outcome and that these goods can be taxed.[15] Certain people genetically predisposed to alcoholism would be predisposed to consume more alcohol. The model falls short when applied to scenarios where health outcomes are not consumption-based, such as engaging in unsafe sex or abstaining from healthy lifestyle choices like exercise. Second, some might argue that the liberal-egalitarian model fails to remain neutral. Residual moral judgments tied to consumption choices introduce non-neutrality. Although taxation in free societies is determined by democratic procedures rather than by individuals in the healthcare system, moral and value-based judgments will be implicit in deciding what behaviors are taxable, such as the purchase of cigarettes. Third, the liberal-egalitarian model fails to determine whether one’s behavior is autonomous, as socio-cultural-economic factors may influence it and behavior is more a product of society, peer pressure, or income. Those also may reflect systemic inequalities. Therefore, this model, which rewards, or taxes based solely on decisions, regardless of their consequences and motivations, fails to consider that a person’s decisions may not be completely autonomous. V. Libertarian Arguments Against the Liberal-Egalitarian Model a. State Intrusiveness as Counter to the Liberal-Egalitarian Model Last, there is a libertarian worry that if the state guarantees universal healthcare coverage to all people, the state will have to become highly intrusive and investigate people’s morals.[16] At least one-third of all disease burden in North America, Europe, and the Asia-Pacific is attributable to lifestyle measures such as tobacco smoking, alcohol consumption, high cholesterol, and obesity.[17] With these various lifestyles, it is not likely to agree on what conduct to tax or condemn.[18] The fine-toothed comb required to determine whether each citizen has been engaging in these behaviors would intrude on daily life and personal freedom. Libertarians champion the argument that impractical intrusiveness would result from universal healthcare, and such a degree of intrusiveness would likely be universally unacceptable.[19] The liberal-egalitarian model mitigates the libertarian worry about state intrusiveness as it does not involve prying into one’s life and choices other than taxing goods. A liberal state should ideally be neutral to how people decide to live their lives. In all, libertarians can rest assured that the liberal-egalitarian tax-based model, through its ex-ante implementation, will require no prying state eyes. States that provide universal healthcare coverage and wish to condemn certain misconduct do not need to become overly intrusive to carry out measures to hold individuals accountable. b. Fairness Another libertarian worry regarding the guarantee of universal healthcare coverage in the context of lifestyle-driven diseases is that the public will be burdened unfairly with covering others’ ill-advised mistakes or bad luck. An ideal system to address this worry would link treatment or payment for treatment with whatever behavior caused that need.[20] The distribution of burdens should be linked to how different individuals contributed to the creation of those burdens. Applied to health policy, we should ask how the need for a certain treatment arose when determining how to distribute its cost.[21] The liberal-egalitarian model aspires to hold individuals responsible for their choices, not for the consequences of such choices. This model significantly mitigates the libertarian worry over unfair burdens for covering other people’s mistakes or social conditions, which lead to those bad outcomes, by ensuring to not burden others with any of the costs for the treatment of people who decide to engage in certain health-adverse behaviors. The aforementioned taxation-based system would only tax those who also engage in the health-adverse behavior through consumption, and that tax directly pays for the necessary collective treatment. As such, those who do not consume the good are not involved with the payment scheme, while those who do consume the good are responsible for payment in a matter proportional to the amount of the good they have consumed. Vl. Universal Coverage Taking a step back, one should consider whether these worries regarding the coverage of apparently self-inflicted health conditions in the context of universal healthcare are worthwhile issues. One perspective raises what is called the culturally imagined objection — an idea erroneously held by many that sick people, especially those who are poor and uneducated, bring these illnesses upon themselves due to poor decision-making and irresponsible risk-taking.[22] This perspective critiques the uniquely American view that, since individuals are free to choose their lifestyles, they should bear the costs of their lifestyle.[23] Taking this argument further, some (perhaps the strongly libertarian) would say that the poor health status among many individuals is the price individuals must pay for their American way of life and the liberty and freedom to live as they wish. However, people should not completely punish individuals for their health-adverse behaviors because these choices are largely pre-determined by a person’s socioeconomic influences.[24] The outcomes from these allegedly ill-advised behaviors, which largely affect poorer people, are not just poor behavior but rather a public health crisis. Perhaps the state and its people should take collective responsibility and cover the costs of treatment for those health outcomes without question, as a form of public service. Rather than worrying about accountability and taxing bad behavior or intrusiveness into personal decisions, some might argue that people need to collectively take responsibility for reducing the overarching systemic inequalities and covering the associated treatment costs as a measure of public health. Vll. Proposed Solution Given the strengths of the liberal-egalitarian model and taking into account libertarian and social justice-oriented objections, an ideal solution for the coverage of lifestyle-related health problems needs to consider the complex relationship between a person’s behaviors and their apparent health outcomes. It must consider how society as a whole passes judgment on behaviors and how to take into account that many health-adverse decisions are not truly autonomous decisions, as various genetic and socioeconomic factors influence them. An ideal solution combines the liberal-egalitarian tax-based model with the social justice concerns of universal coverage. Whatever the cost for the treatment of medical issues resulting in part or entirely from lifestyle and diet, taxes collected from spending associated with the behavior (like the purchase of alcohol, junk food, and cigarettes) ex-ante should fund 50 percent of the cost of treatment, while the universal healthcare taxation scheme should include the other 50 percent. Such a system would provide an incentive to avoid the purchases that can lead to unhealthy consumption and make healthier choices, slightly punish and discourage such purchases through taxation, yet not overly punish people whose outcomes may have more to do with socioeconomic factors and genetics. Adding public responsibility demonstrates acknowledgement that health care is in the public interest and can mitigate public health inequalities. This solution would fuse personal responsibility with the public responsibility of state-sponsored social improvement while ensuring that all people have fair access to necessary treatment, no matter their ability to pay. CONCLUSION The 50-50 system this paper proposes reflects both justice and personal responsibility in covering healthcare costs allegedly brought about by people’s own health-adverse behaviors. By allocating tax revenue from consumption that contributes or even alone causes poor health outcomes, such a system incorporates personal responsibility. By using general tax revenue for health care, such a system would meet the libertarian requirement of providing care without any moral investigation of past behaviors and the social justice consideration of providing health care to those who may have unwittingly ventured into ill-health due to systemic injustice, socioeconomics, or genetics. - [1] Cappelen, A. W. (2005). Responsibility in health care: A liberal egalitarian approach. Journal of Medical Ethics, 31(8), 476–480. https://doi.org/10.1136/jme.2004.010421 [2] Moss, A. H. (1991). Should alcoholics compete equally for liver transplantation? JAMA: The Journal of the American Medical Association, 265(10), 1295–1298. https://doi.org/10.1001/jama.1991.03460100097032 [3] Moss, p. 1295-1298. [4] Moss, p. 1296. [5] Moss, p. 1295-1298. [6] Moss, p. 1295-1298. [7] Cohen, C. IS THIS SUPPOSED TO BE COHEN AND BENJAMIN (1991). Alcoholics and liver transplantation. JAMA: The Journal of the American Medical Association, 265(10), 1299–1301. https://doi.org/10.1001/jama.1991.03460100101033 [8] Cohen, p. 1299-1301. [9] Moss, p. 1297. [10] Cohen, p. 1300. [11] Cappelen, p. 478-480. [12] Cappalen, p. 478-480. [13] Cappelen, p.479. [14] Cappelen, p. 479. [15] Cappelen, p. 479 [16] Cohen, p. 1301. [17] Cappelen, p. 478. [18] Cohen, p. 1299-1301. [19] Cohen, p. 1301. [20] Cappelen, p. 476-480. [21] Cappelen, p. 476-480. [22] Kawachi, I. (2005). Why the United States is not number one in Health. Healthy, Wealthy, and Fair, 18–33. https://doi.org/10.1093/acprof:oso/9780195170665.003.0013 [23] Kawachi, p. 18-33. [24] Kawachi, p. 18-33. (shrink)

ABSTRACT: Critics have charged that there are gaps in the logic of Kant’s derivation of the formula of universal law. Here I defend that derivation against these charges, partly by emphasizing a neglected teleological principle that Kant alluded to in his argument, and partly by clarifying what he meant by actions’ “conformity to universal law.” He meant that actions conform to universal law just when their maxims can belong to a unified system of principles. An analogy with objects’ (...) conformity to universal law in nature helps show how Kant was correct in deriving the formula of universal law from the premises of his argument. RÉSUMÉ: Certains ont critiqué la dérivation de la formule de la loi universelle de Kant parce que la logique en serait lacunaire. Je prends la défense de la dérivation, en mettant d’abord l’accent sur un principe téléologique auquel Kant fait allusion dans son argument et, ensuite, en clarifiant ce que celui-ci entend par la «conformité à la loi universelle» des actions. Kant maintenait que les actions étaient conformes à une loi universelle seulement lorsque leurs maximes appartiennent à un système unifié de principes. Une analogie avec la conformité à la loi universelle des objets dans la nature aide à montrer pourquoi Kant avait raison de dériver la formule de la loi universelle des prémisses de son argument. (shrink)

Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation are (...) often limited. The shortage extends not only to supplies like blood products and drugs, but physicians and other medical personnel. In the midst of a mass casualty scenario, such as a battle that includes intense ground fighting, the medical staff will stretch scarce resources and triage casualties according to specific criteria. Typically, they proceed by providing care for the most severely wounded first, referred to here as conventional triage. At times, though, the staff may reverse the triage so that soldiers with minor wounds can return to the fight. In a mass casualty situation, when medical personnel apply conventional triage and treat casualties from opposing forces, a dilemma may arise. We argue that it can be permissible for military physicians to prioritize their own soldiers over enemy combatants in a mass casualty triage, where reverse triage does not apply. The case we will focus on is as follows: Battlefield Triage: During combat operations on a remote island in the Pacific Ocean, a compatriot soldier and an enemy combatant arrive at the compatriot soldier country’s medical treatment facility. Both have similar gunshot wounds to the abdomen, and they arrive with similar conditions. Both have low oxygen saturation and excessive blood loss. The sole physician only has enough time to stabilize one person. The scenario is brief, and we are aware that medical rules of eligibility will most often dictate how the physician proceeds,[1] but this scenario is useful in setting up the question we focus on in this paper: would it be wrong to favor the stabilization of a soldier just because the soldier is the physician’s compatriot? In other words, can nationality serve as an ethically justified tiebreaker in a situation such as Battlefield Triage?[2] In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. The AMA’s Code of Medical Ethics asserts that physicians have “ethical obligations to place patients’ welfare above their self-interest and above obligations to other groups.”[3] The World Medical Association’s Declaration of Tokyo affirms that “no motive, whether personal, collective or political, shall prevail against this higher purpose” of alleviating distress.[4] Physicians are taught early on that triage decisions must be medically indicated and made without consideration of factors such as race, ethnicity, religion, social status, and nationality. They are taught that public trust and obligations of justice grounded in equality demand that only medical indications be considered. But military physicians in a military setting are beholden to obligations, duties, and responsibilities as members of the military, and when these obligations, duties, and responsibilities conflict, as they do in Battlefield Triage, which loyalties win out and why?[5] Critics of partiality on national grounds argue that partiality undermines public trust in medicine and justice because everyone should be treated equally regardless of nationality.[6] Proponents of partiality argue that military obligations supersede equality and that justice requires partiality in such cases.[7] Despite the critics’ disagreement, both agree that there is a morally right, perhaps even blameless, course of action. Drawing on insights from virtue ethics, we argue that Battlefield Triage is a moral tragedy in which justice is unattainable and there is no action without moral cost. The assumption that there is a morally right choice is flawed. We argue that while no decision in this scenario is free from moral blame, there are reasons to favor treating one’s soldiers over enemy combatants. I. The Case Against Partiality There is a common assumption that there is a morally right or just decision in Battlefield Triage. A number of organizations and scholars claim that it is wrong for military physicians to favor their own soldiers on the grounds of nationality or some form of ‘group membership.’ (In a conflict involving service members from multiple nations working as a coalition, a soldier from an allied country may receive the same priority as the US service member due to ‘group membership.’) The World Medical Association’s WMA Declaration of Lisbon on the Rights of the Patient, which was reaffirmed in 2015, posits that, “[i]n circumstances where a choice must be made between potential patients for a particular treatment that is in limited supply, all such patients are entitled to a fair selection procedure for that treatment. That choice must be based on medical criteria and made without discrimination.”[8] This echoes what was set forth in Article 12 of the Geneva Conventions, which states that “[o]nly urgent medical reasons will authorize priority in the order of treatment to be administered.”[9] The argument for impartiality in Battlefield Triage is that every person is morally equal, and equality entails that medical distribution is, “based on a combination of medical need and urgency.”[10] This is in keeping with the bioethical principles that are generally applied.[11] II. The Case for Partiality On the other side, there are arguments that favoritism is the ethically right decision in Battlefield Triage.[12] The argument asserts that members of the military form a morally significant community of friends and participation in these relationships demands partiality. Just as parents have strong ethical duties to their children and not just any children, military personnel have ethical duties to their group, a group that involves an affirmation of mutual aid and support. Some have termed these ‘associative duties. According to Michael Gross, obligations of friendship, care, and solidarity “leave very little room for generally applicable principles of justice that would obligate a medic to treat enemy or non-compatriot wounded ahead of their compatriots.”[13] This is true in Battlefield Triage, but it may also be true even if the enemy’s soldier were more seriously wounded: “the ethics of small group cohesion, largely an ethics of care, mostly replaces the demands of impartial justice.”[14] In a more recent article, Gross explains that preferential treatment is ethically justified based on fighting capability and “the special obligations people owe friends, family, and, no less, comrades-in-arms.”[15] To not show partiality to the US soldier would be morally wrong on the grounds of friendship and mutual care.[16] III. The Moral Tragedy of Battlefield Triage Defenders and critics of Battlefield Triage favoritism based on nationality both frame their position as just or fair. For example, Justin List argues that physicians are “bound to practice medical neutrality,”[17] Marcus Adams denies that physicians “possess special ethical obligations” to enemy combatants because of their profession.[18] These perspectives assume that there is a morally right decision and that justice is attainable. The assumption that there is or can be a morally right Battlefield Triage decision, and we need to put our heads together to figure it out, remains strongly entrenched. However, the facts of the situation should give us pause; there are too many people and too few resources, and this demands a decision-making process that determines who will receive scarce resources. By its very nature, a battlefield triage decision has to be made based on some characteristic or value, a characteristic or value that will inevitably favor some at the expense of others. This is precisely why competing analyses “in the military context struggle to resolve these conflicts satisfactorily.”[19] Drawing on the insights of virtue ethics, we suggest that Battlefield Triage is a moral tragedy. Virtue ethics suggests that morality is about acting virtuously, which is to say that we should do what a virtuous person would do in the situation. Ethics is about figuring out how a just, wise, compassionate, loving, and fair person would act, and then doing that, as one grows in virtue. But life is not always clear cut, and it is possible that virtuous people may find themselves in a moral tragedy, a situation in which, through no fault of one’s own, a person must make a morally objectionable decision. After the action the virtuous person “emerges having done a terrible thing, the very sort of thing that the callous, dishonest, unjust, or in general vicious agent would characteristically do.”[20] Stated differently, a moral tragedy presents a virtuous person with two or more courses of action, all of which have a moral cost.[21] In Battlefield Triage, no matter how the physician goes about deciding, there is going to be defensible concern from those not saved. The fact that there are more people than can be helped fosters competing values in battlefield triage: maximize lives saved, treat people equally, treat the worse off, and support the war effort. Treating people equally may create tension between treating the worse off, maximizing lives saved, and supporting the war effort. Reverse triage is a case in point, as supporting the war effort conflicts with treating the worse off first, as is a fair lottery system since deploying a lottery may not maximize lives saved or support the war effort. There can be reasons why one person is selected over another, to be sure. Yet, there are reasons for making a decision, and that the decision is subject to legitimate moral concern is another. To recognize the moral tragedy of Battlefield Triage is to recognize the impossibility of acting blamelessly in the situation. In this situation, the virtuous military physician is going to have to sacrifice important values such as justice, compassion, and respect for others, even with a defensible criterion in hand. The physician will grieve this sacrifice accordingly. The physician may find her decision difficult or stressful, and rightly so, because of what her circumstances require of her. This kind of moral tragedy results “in actions which betray and violate the rights of persons to whom there may be a strong duty of care. When this happens, it properly triggers an appropriate moral emotion since our moral integrity has been violated and this affects how we think of ourselves and what we have become.”[22] Rather than view her triage decision as the morally superior choice, the virtuous military physician will view her decisions in these circumstances in a different light: it is the least bad option in a terrible situation, and she did something ethically problematic, something that is contrary to her moral character. She deeply regrets the circumstances in which she had to act. IV. Virtue Ethics A virtue ethicist has insight into how one should go about deciding what to do in a moral tragedy, although virtue ethics may not be as helpful as one may hope. The goal of the virtuous military physician in Battlefield Triage is to adopt the best course of action or the action that she feels she ought to do, all things considered. This does not make her choice devoid of serious wrongdoing—a decision must be made, but that does not make it just. The virtuous military physician will approach the situation with courage, responsibility, and insight. She will think about the decision carefully, wisely, and conscientiously; she will weigh the goods and harms of the choices before her, in conjunction with a proper conception of the good life, human worth, and understanding of her obligations to others—including chain of command, fellow soldiers, and the medical community. She is attuned to the value of human life and has a reasonable idea of the various ways her decisions will affect others. She recognizes that she is in this non-ideal situation through no fault of her own: she is not the one fighting in battles; she is serving her country as a physician, whose job it is to save lives, treat everyone justly, and promote military objectives. She regrets the decision she is forced to make in battlefield triage, acting “with immense regret and pain,” Hursthouse explains, “instead of indifferently or gladly.”[23] This is because, no matter what decision is made, the virtuous military physician “does something terrible or horrible,” something she otherwise would not do and is contrary to her values.[24] V. A Resolvable Moral Tragedy Instead of asking whether there is a morally right decision, in which a decision is morally blameless and above reproach, the virtue ethicist asks whether there is a decision with a convincing rationale, knowing that a decision can have a clear rationale but still be morally tragic. It is perfectly reasonable to think that different virtuous persons will arrive at different courses of action: “two virtuous agents, in the same situation,” Hursthouse writes, “may act differently” in irresolvable moral tragedies, in cases in which there is no clear course of action.[25] Because a person must act in a moral tragedy, one goal is to identify reasons for choosing the chosen action. Some decisions are clearly indefensible—treating neither the compatriot soldier nor the enemy combatant in Battlefield Triage would be wrong—and some decisions are more problematic than others. If the military physician selects to treat the soldier because she does not like the enemy combatant’s skin color, such a reason would be deeply problematic. But much of the debate over how to act in a moral tragedy is not over clearly indefensible or problematic criteria. Instead, the literature is largely about different standards or implementations of justice. Some scholars defend nation-impartial triage as right, while others defend nation-aware triage as right, and each argues that the other side is promoting an unjust or otherwise wrong solution to Battlefield Triage. We suggest that Battlefield Triage is a resolvable moral tragedy and that virtue ethics offers convincing reasons to prefer the treatment of the compatriot soldier rather than the enemy combatant on the grounds of national identity. Virtues are integral to living a good life, a flourishing life, but as Aristotle observed long ago, human beings are inherently social, interdependent and interconnected in profound ways.[26] This goes beyond the obvious fact that we need each other to survive day to day (one person makes clothes, another farms, and another makes tools); the claim is that a good or flourishing life depends in large part on one’s social network or community. This is why many of Aristotle’s moral virtues are other facing: justice, friendship, generosity, and magnanimity, to name a few. Courage, a typically self-facing virtue, is understood by Aristotle to be the virtue that regards one’s fear of death in battle, a battle fought on behalf of one’s city.[27] All of this remains true today. Namely, there is an important sense in which our community matters to our lives: it is easier to live a good, flourishing life if one is part of a good, flourishing community. Our community is made up of smaller groups, and it is more accurate to say that we are simultaneous members of different groups within a broader community. A person may be part of a family, friend group, research team, large state university, city, state, and nation. Groups can function well or not, as we all have experienced, and this suggests that there are virtues or excellences that groups can instantiate. Good groups are unified in purpose, with each member doing their duty alongside others for the attainment of that purpose. Good groups manifest solidarity among their members. Although Aristotle does not list solidarity as a virtue, a number of modern-day virtue ethicists have begun examining how group solidarity can be a virtue that contributes to a good or flourishing life.[28] Solidarity is not conceptualized as an individual virtue, a virtue possessed by a person in isolation of others; instead, it is a collective virtue, a virtue that is shared among members of a defined group with particular ends.[29] “A group has solidarity to the extent that its members are disposed to: (1) share values, aims, or goals; (2) care about those values, aims, or goals; (3) act in accordance with those values, aims, or goals; (4) trust the testimony of other group members with respect to those values, aims, and goals; and (5) feel a sense of belonging to the group.”[30] The virtue of collective or group solidarity involves individuals having special concern for each other, shared aims and values, trust, loyalty, and a sense of belonging with these specific others. There is a oneness to the group in the pursuit of a definite goal or purpose, involving mutual support and affirmation of each member. As such, the group has ends and goods above and beyond the good of each individual person. Sometimes solidarity requires personal sacrifice for the collective (for example, a father sacrificing food so his child can eat). The virtue of collective or group solidarity is important to the military and medical community at every level, and for clear reasons. In the military, there is a clear hierarchy of command, unity of purpose and end, mutual trust and support in complex settings, and so on. Soldiers need to know they can count on one another, and solidarity grounds a soldier’s ability to trust others and be assured of mutual aid. In medicine, solidarity maintains self-regulation of the profession, shared values and goals, as well as public support, not to mention that day-to-day operations require physician trust, engagement, and effort toward the ends of clinical care. Physicians need to work together, along with others, in pursuit of health, and disunity is sowed when there is mistrust, selfishness, or disengagement among the healthcare team and organization. Importantly, just as we are all members of various groups and hence may manifest group solidarity in different settings, the virtuous military physician instantiates collective solidarity with both the medical profession and the military. Her dual loyalty contributes to the moral difficulty of acting in Battlefield Triage. The military physician has competing obligations to distinct groups and cannot satisfy all obligations in Battlefield Triage. Solidarity with the military supports the consideration of favoring the soldier for reasons of national identity, whereas solidarity with the medical community does not. Something has to give, which is why it is a moral tragedy. The virtuous military physician, therefore, must weigh the costs of each course of action. To fulfill her obligations to the medical community would require that she does not use nationality and other non-medical considerations in Battlefield Triage. Since the soldier and enemy combatant are equally injured, justice would demand a random process, perhaps a flip of the coin. Although this may satisfy obligations the military physician has to the medical community, this would be costly to the physician’s military group. If word gets out that the physician decides who to treat based on a coin toss, soldiers, families, and citizens may become frustrated and angry. Soldier morale may go down if it becomes known that a coin flip led to the preventable death of a soldier and the saving of an enemy combatant who had killed (or attempted to kill) other soldiers. As Gross highlights, military solidarity involves a mutual aid promise that military personnel promise to help one another.[31] A military physician is part of the military and, as such, is part of the mutual aid promise, which would appear to be violated if the physician flips a coin. Treating a member of one’s own team may be psychologically more beneficial than treating an enemy combatant and may lead to less moral distress.[32] Finally, treating soldiers rather than enemy combatants promotes broader military and social aims, including returning soldiers to health, maintaining unity of purpose, and minimizing community suffering from a soldier’s death. Favoring members of one’s group, that is, triage based on nationality in Battlefield Triage, would fulfill obligations of military group loyalty, which is contrary to the values and duties of medicine. It does not seem as though showing favoritism in this particular situation is very costly to the medical community or general public, but this is because there is recognition that the physician is in the military. Medicine is impartial to non-medical indications partly because of fairness and to promote public trust in medicine. However, Battlefield Triage is unique, as medicine is being practiced in a non-public, wartime setting. In ordinary circumstances, a patient’s identity is irrelevant, and physicians ought not play favorites. Since Battlefield Triage is not an ordinary circumstance, decisions based on patient identity may not undermine public trust in medicine. In addition, it is contestable that fairness in Battlefield Triage requires that no consideration be paid to one’s nationality. Fairness is about giving each person their due, what is owed to them, and the case can be made that soldiers who place themselves in danger for the sake of the common good or a just cause are owed special attention when they suffer harm in the line of duty. In other words, soldiers voluntarily undergo risk to themselves for the greater good, and society owes them for this sacrifice. This plausibly includes preferential treatment in a situation such as Battlefield Triage. So, while the medical community affirms justice demands non-preferential treatment, the military community can affirm the opposite. The demands of fairness are unclear at best or in conflict in this situation: demands of physician justice decry favoritism, while demands of military justice support favoritism. Triage not based on nationality is arguably unfair and triage based on nationality may not undermine public trust, after all. All things considered, there is a clear rationale for favoring nationality-based preferential treatment in Battlefield Triage. Adopting a nationality-based preference in this situation is more defensible than not. This does not make such a decision ethically right or just. Preference based on nationality is the least bad decision, but it is not morally blameless. It involves one in a serious moral wrong, a wrong otherwise avoided and contrary to one’s character. The virtuous military physician is in a situation in which obligations conflict, and we disagree with Gross, who posits that care of fellow soldiers “is important to the near exclusion of all else.”[33] Gross fails to appreciate the collective virtue of solidarity as applied to those in medicine. The military physician has duties to fellow soldiers but also to fellow physicians, to the medical community, and humanity. To favor a soldier on grounds of nationality violates her duties and responsibilities to this latter group. She is involved in a moral tragedy and can only seek the most just action given the circumstances, yet, at least in virtue ethics, the action remains far from blameless. CONCLUSION We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. As such, the virtuous military physician incurs a moral cost to acting as she does—there is a moral residue. However, despite being a moral tragedy, there are clear reasons to act in favor of treating one’s own, considering group solidarity. As such, these kinds of tragedies are resolvable: virtuous military physicians should favor treatment of their own, although they would do so with sorrow. - [1] Militaries set forth medical rules of eligibility or guidelines used to determine whether a person qualifies for specific medical interventions or treatments in certain circumstances, and these guidelines are binding for a military physician. For example, despite opposition from medical organizations, militaries have adopted reverse triage guidelines for military physicians to follow. For ethical discussion, see Falzone, Elisabeth, P. Pasquier, C. Hoffmann, O. Barbier, M. Boutonnet, A. Salvadori, A. Jarrassier, J. Renner, B. Malgras, and S. Mérat. "Triage in military settings." Anaesthesia Critical Care & Pain Medicine 36, no. 1 (2017): 43-51. https://doi.org/10.1016/j.accpm.2016.05.004 [2] There are issues that are related to this, including the triage of civilians and allied soldiers. We set related issues aside for purposes of this paper [3] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [4] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [5] This is termed the “dual loyalty” dilemma in military medicine and has been described at length elsewhere: Institute of Medicine (US) Board on Health Sciences Policy. Military Medical Ethics: Issues regarding Dual Loyalties: Workshop Summary. Washington (DC): National Academies Press (US); 2008. Toward a Framework for Resolving Dual Loyalties. Available from: https://www.ncbi.nlm.nih.gov/books/NBK214853/ [6] See Kenneth G. Swan and K.G. Swan, Jr., “Triage: The Past Revisited,” Military Medicine 161:8 (1996): 448–452. https://doi.org/10.1093/milmed/161.8.448; Jerome A. Singh, “American Physicians and dual loyalty obligations in the ‘war on terror,’” BMC Medical Ethics 4.4 (2003): 1–10. https://doi.org/10.1186/1472-6939-4-4; Beam, Thomas E. "Medical Ethics on the Battlefield." Military Medical Ethics: Sect. IV. Medical ethics in the military. Medical ethics on the battlefield: the crucible of military medical ethics 2 (2003): 369-402; Hereth, Blake. "Health justice for unjust combatants." Journal of Military Ethics 20, no. 1 (2021): 67-81. https://doi.org/10.1080/15027570.2021.1949782. [7] See Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. Gross, Michael L. "Comradery, community, and care in military medical ethics." Theoretical medicine and bioethics 32 (2011): 337-350. https://doi.org/10.1007/s11017-011-9189-6. Gross, Michael L. "The limits of impartial medical treatment during armed conflict." In Military medical ethics for the 21st century, pp. 71-84. Routledge, 2016. [8] World Medical Association, WMA Declaration of Lisbon on the Rights of the Patient. 5 December 2022, https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient/ [9] Geneva Convention for the Amelioration of the Condition of Wounded, Sick in Armed Forces in the Field. 12 August 1949. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.30_GC-I-EN.pdf. [10] List, Justin M. "Medical neutrality and political activism: physicians' roles in conflict situations." In Physicians at war: The dual-loyalties challenge, pp. 237-253. Dordrecht: Springer Netherlands, 2008. 240 [11] Beauchamp, T., and J. Childress. 2013. Principles of Biomedical Ethics, 7th ed. Oxford, United Kingdom: Oxford University Press. [12] Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. [13] Gross, "Comradery, community, and care in military medical ethics," 347. [14] Gross, “Comradery, community, and care in military medical ethics,” 349. [15] Gross, Michael L. "When medical ethics and military ethics collide." Narrative inquiry in bioethics 13, no. 3 (2023): 199-204. 202 https://dx.doi.org/10.1353/nib.2023.a924191 [16] Our argument draws on virtue ethics, from which care ethics derives, and it is worth clarifying how our argument relates to Gross’s. We do not think that the virtue of friendship grounds triage decisions, for we think it is unlikely that the physician and wounded soldier are friends. Instead, as explained below, we think the collective virtue of group solidarity better captures the moral significance of group loyalty and that Gross would agree with us. But since military physicians are part of distinct groups, with competing obligations, the military physician will be forced to sacrifice a value in battlefield triage cases. In other words, we think Gross downplays the dual group membership of a military physician. [17] List,”Medical neutrality and political activism,” 250. [18] Adams,”Triage priorities and military physicians,” 235. [19] London, Leslie, Leonard S. Rubenstein, Laurel Baldwin-Ragaven, and Adriaan Van Es. "Dual loyalty among military health professionals: human rights and ethics in times of armed conflict." Cambridge Quarterly of Healthcare Ethics 15, no. 4 (2006): 381-391. 383. [20] Hursthouse, R. On Virtue Ethics. OUP 1999. 74 [21] Nussbaum, Martha C. "The costs of tragedy: Some moral limits of cost-benefit analysis." The Journal of Legal Studies 29, no. S2 (2000): 1005-1036, 1007. [22] De Wijze, S. (2005). Tragic-remorse–the anguish of dirty hands. Ethical theory and moral practice, 7(5), 453-471, 457. https://doi.org/10.1007/s10677-005-6836-x [23] Hursthouse, 73 [24] Hursthouse, 81 [25] Hursthouse, 72 [26] Aristotle, Politics 1253a8. Reeve, C. D. C., Indianapolis: Hackett Publishing Co., 2017 [27] Aristotle, Nicomachean Ethics. III.6.114a, 34-35. 2002, Nicomachean Ethics, Christopher Rowe (trans.), Oxford: Oxford University Press [28] Byerly, T. Ryan, and Meghan Byerly. "Collective virtue." The Journal of Value Inquiry 50, no. 1 (2016): 33-50. https://doi.org/10.1007/s10790-015-9484-y; Federico, Veronica. "Conclusion: solidarity as a public virtue." Solidarity as a Public Virtue (2018): 495-542. https://doi.org/10.5771/9783845290058. Rehg, William. "Solidarity and the common good: An analytic framework." Journal of Social Philosophy 38, no. 1 (2007): 7-21. https://doi.org/10.1111/j.1467-9833.2007.00363.x [29] Byerly and Byerly. "Collective virtue." 43 [30] Battaly, Heather. "Solidarity: Virtue or vice?." In Social virtue epistemology, pp. 303-324. Routledge, 2022. 304 [31] Ibid., 2011: 341 [32] It might be thought that displaying altruism by helping an enemy combatant at the expense of one’s fellow soldier may be psychologically satisfiying. For evidence that military physicians find it difficult to treat enemy combatants, see Lundberg, Kristina, Sofia Kjellström, Anders Jonsson, and Lars Sandman. "Experiences of Swedish military medical personnel in combat zones: adapting to competing loyalties." Military medicine 179, no. 8 (2014): 821-826. https://doi.org/10.7205/MILMED-D-14-00038. Lamblin, Antoine, Clément Derkenne, Marion Trousselard, and Marie-Ange Einaudi. "Ethical challenges faced by French military doctors deployed in the Sahel (Operation Barkhane): a qualitative study." BMC Medical Ethics 22 (2021): 1-13. https://doi.org/10.1186/s12910-021-00723-2 [33] Ibid., 2011: 344. (shrink)

In this paper I intend to analyze the possibility of social justice as fair maximal utility starting from two different perspectives about justice – justice as fairness and justice as social choice or mutual advantage. The thesis I defend and reconstruct here is that a co-operative solution can be implemented only in a democratic society where a certain kind of justice principles is applied. This solution, however, is not a solution, if we do not really understand the principles (...) which are being involved in it or if we do not use a proper concept of justice. My proposal here could bring some light both upon this issue and on the logical clarification. In order to realize this, I take into account at least two problems: 1) the problem of compatibility between the announced concept and the existence of social inequalities; 2) Nozick’s objection concerning the compensation of inequalities involved by this kind of justice. I intend to analyze Rawls’ solution of compensatory beneficial in order to test whether it could be considered dangerous for the preservation of equidistance of the rules and, hence, for the justice as impartiality, as Nozick claims in his work Anarchy, State and Utopia, the concept of reasonability which is used here as being complementary to the concept of rationality and useful for this matter. (shrink)

The article analyzes the concept of universality in Oleg Drobnitskii’s ethics. As opposed to most Soviet ethicists of the 1960s and early 1970s, Drobnitskii viewed this concept along the lines of the principle of universality presented in the moral theories of Immanuel Kant and Richard Hare. However, while they considered universality to be a feature of individual moral thinking in the forms of maxims, principles, and evaluations, Drobnitskii understood universality as the main feature of (...) moral requirements and essentially external to the moral agent, representing to her social relations and the ‘general laws of history.’ It was conceptually significant in Drobnitskii’s approach to universality that he analyzed it within the context of a more general concept of morality—as a mode of normative regulation of behavior. In this capacity, universality was presented as a characteristic of general appeal, or the general way in which a moral requirement is binding. The principle of equality is a normative correlate of universality understood in this way. Universality also characterizes judgments, whose moral adequacy is verified through the procedure of universalization. Regarding universality, Drobnitskii discussed important questions of the individualization of the universal moral requirement in the form of the moral agent’s personal task and the universality of class moral views. He tried to explain these differing, and not always interconnected, aspects of universality by appealing to certain ‘general laws of history,’ and thus offered a historicist basis of morality. This article shows that, despite this unprecedented analysis of the issue of universality, Drobnitskii did not achieve a systematic conclusion in his conceptualization of universality. Nevertheless, he was able to offer a number of significant insights, with the potential to aid our further comprehension of the phenomenon of universality and how it ought to be understood. (shrink)

Background Social inequities in the healthcare system threaten global health. Efforts to establish equity in healthcare is a key goal of healthcare systems worldwide. Social justice is a basic value of the nursing profession that always merits attention. Objective This study aimed to identify and explain the processes of the nursing profession’s participation in establishing social justice in healthcare system. Research design and methods This qualitative study was conducted using the grounded theory method. Participants and research context (...) Data were collected through in-depth, semi-structured, individual interviews with 26 participants, 23 of whom were members of the nursing profession. Sampling started purposefully and, then, continued with theoretical sampling. Field notes were also taken for data collection. Data analysis was performed using Corbin and Strauss’ 2015 method. Ethical considerations The research was approved by the Ethics Committee of Urmia University of Medical Sciences in Iran. Findings The “Professional Dynamics in the Path of Justice” was the study’s core category. This theory is the result of nine main categories: “inefficient professional authority,” “social justice, a neglected component in education,” “clinical concerns, barriers to nurses’ presence in society,” “individual input reserves to facilitate social justice,” “inadequate maturity of the profession in the path of equity in health,” “promoting justice in clinical practice,” “a tendency to community-oriented profession,” “use of personal approaches for justice promotion,” and “emerging justice-expanding nursing.” These categories cover the underlying factors, strategies, and outcomes of the nursing profession’s participation in establishing social justice process in healthcare. Conclusion The theory of professional dynamics in the path of justice can be used as a practical guide to describe the role of nurses in establishing social justice. Further studies with a quantitative approach to applying this theory are recommended. (shrink)

In _Rawlsian Political Analysis: Rethinking the Microfoundations of Social Science, _Paul Clements develops a new, morally grounded model of political and social analysis as a critique of and improvement on both neoclassical economics and rational choice theory. What if practical reason is based not only on interests and ideas of the good, as these theories have it, but also on principles and sentiments of right? The answer, Clements argues, requires a radical reorientation of social science from the (...) idea of interests to the idea of social justice. According to Clements, systematic weaknesses in neoclassical economics and rational choice theory are due to their limited model of choice. According to such theories in the utilitarian tradition, all our practical decisions aim to maximize the satisfaction of our interests. These neo-utilitarian approaches focus on how we promote our interests, but Clements argues, our ideas of right, cognitively represented in principles, contribute independently and no less fundamentally to our practical decisions. The most significant challenge to utilitarianism in the last half century is found in John Rawls’s _Theory of Justice _and _Political Liberalism_, in which Rawls builds on Kant's concept of practical reason. Clements extends Rawls's moral theory and his critique of utilitarianism by arguing for social analysis based on the Kantian and Rawlsian model of choice. To illustrate the explanatory power of his model, he presents three detailed case studies: a program analysis of the Grameen Bank of Bangladesh, a political economy analysis of the causes of poverty in the Indian state of Bihar, and a problem-based analysis of the ethics and politics of climate change. He concludes by exploring the broad implications of social analysis grounded in a concept of social justice. “Paul Clements’s _Rawlsian Political Analysis _mounts an important intervention into the philosophy of the social sciences, challenging the tired fact/value, empirical/normative binaries that continue to impoverish social analysis. His insistence that social analysis must engage both facts and norms, the empirical and the normative, the good and the right, interest and principle—and that empirical social scientists must engage constructively on questions of autonomy and social justice—is noble and ultimately essential if social science is to justify its place in the years to come.” —_Fonna Forman-Barzilai, University of California, San Diego_. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:John Rawls's Originary Theory of JusticeEric Gans (bio)The fundamental thesis of generative anthropology is that the principal concern of human culture is and has been from the outset to defer the potential violence of mimetic desire. To this mode of thought, constructing a model of the good society in any but the general terms of "exchange" and "reciprocity" is unfaithful to the human community, whose operations have been (...) from the beginning beyond the grasp of any individual mind within the society, and in which since the rise of the market system we participate largely unmediated by ritual. Rather than providing a template for the "good society," originary thinking provides a touchstone for ethical progress: act so as to contribute to reciprocal exchange, negatively, by aiding those who need help to participate in the exchange system more fully, and positively, by creating new foci of desire that enrich the system of exchange, the circulation of desire and satisfaction. The result of these acts is to reduce or "defer" resentment, negatively, by removing grievances, and positively, by creating new opportunities for recycling resentment into productive activity.These precepts notwithstanding, the "moral model" of reciprocal exchange, as exemplified in the exchange of signs around the sacred center in the hypothetical originary event, provides the basis for a recurrent temptation to create utopias. The theoretical gesture of measuring a given social order against a moral ideal is an extension of the moral intuition we apply in judging all human actions; whatever our degree of resignation, we cannot help but resent any suggestion—even when it is "objectively" false—that we have been victims of a failure of reciprocity. Both the theory and the personal intuition are direct descendants of the originary exchange of representations, as are the moral "theories" that are explicitly grounded in the sacred. Abstract moral theorizing must ultimately appeal to either transcendence or intuition, and the appeal to the former differs only in its rhetoric from the appeal to the latter.Finally, these "timeless" reflections must be situated in history. Determining the proper relationship between universal morality and historically [End Page 149] particular ethics poses a particularly acute problem in the postmodern era. The question that has remained with us since the end of World War II is how to overcome the paralysis of Auschwitz—how to acknowledge the necessary deferral of reciprocity without condoning genocide. If we hold history's institutions to the touchstone of the moral model, they will always be found wanting, yet this historical experience tells us that if we do not so hold them, anything is possible. The fact that accusations of Nazism (or "fascism") continue to be made today—notably against Israel itself—is a sign that the moral dilemma has not yet been resolved. But unlike metaphysical thought, originary thinking takes the Holocaust as a sign not of the need to construct a social model that will resolve this dilemma, but of the inappropriateness of confronting it directly. Making the world a better place not only does not require but is in fact incompatible with a prior image of the world made good.The most serious attempt by mainstream Anglo-American social thought to grapple with this postmodern quandary is that of the late Harvard philosopher John Rawls (1921–2002), whose A Theory of Justice (1971) remains the era's most important work of moral philosophy. To sum up in my own terms Rawls's basic idea: if we imagine ourselves in an "original position" when society has not yet come into existence, so that our (future) place in it is hidden from us by a "veil of ignorance," then we will be able to agree on the criteria of a good society, since our uncertainty will convince us all equally of the necessity to protect ourselves from unfairness in the event we are assigned one of society's less desirable roles. We may then accept this imaginary agreement, unbiased by the participants' knowledge of their eventual social role, as universal humanity's most just arrangement. Rawls considers that under these conditions any inequality in the overall distribution of social goods can be justified only if it produces a margin of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:162. THE HUME LITERATURE FOR 1979 The Hume literature from 1925 to 1976 has been thoroughly covered in my book Fifty Years of Hume Scholarship : A Bibliographical Guide (Edinburgh University Press, 1978; ¿J 5. 50), which also lists the main earlier writings on Hume. Publications of the years 1977 and 1978 were listed in Hume Studies for the last two Novembers. What follows here will bring the (...) record up to the end of 1979. Readers are invited to inform me of any omissions, and to send me offprints of their own articles. The intention is to maintain a complete bibliographical record of critical work on Hume, by the regular publication in Hume Studies of an annual bibliography covering the previous year, with addenda consisting of items omitted through ignorance in previous years. References to recentlyappearing reviews (of books from earlier lists) are given at the end. The following abbreviations of journal titles are used here: APQ American Philosophical Quarterly JHI Journal of the History of Ideas JHP Journal of the History of Philosophy JP Journal of Philosophy PAS Proceedings of the Aristotelian Society PB Philosophical Books PQ Philosophical Quarterly PR Philosophical Review RIP Revue Internationale de Philosophie RM Review of Metaphysics TLS Times Literary Supplement Other abbreviations should be obvious enough, and mainly follow the British Standard (no. 4148). AIKEN, H. D. 'An Interpretation of Hume's Theory of the Place of Reason in Ethics and Polities', Ethics 90, 66-80. 163. ARDAO, A. 'Hume en Latinoamerica', Revista Venezolana de Fil., 143-6. BAIER, A. 'Hume on Heaps and Bundles', APQ 16, 285-96. BAIER, A. 'Good Men's Women: Hume on Chastity and Trust', Hume Studies 5, 1-19. BATTERSBY, C. 'Hume, Newton and "the Hill called Difficulty "', in S. C Brown, Philosophers of the Enlightenment (Royal Inst. Phil. Lectures, 12), 31-55. BATTERSBY, C. 'The Dialogues as Original Imitation: Cicero and the Nature of Hume's Skepticism', in D. F. Norton et al., McGiIl Hume Studies, 239-52. BEAUCHAMP, T. L. 'Self Inconsistency or Mere Self Perplexity ', Hume Studies 5, 37-44. BECK, L. W.? Prussian Hume and a Scottish Kant' in D. F. Norton et al.,· op. cit., 63-78. (repr. of 1978 paper. ) BELL, A. 'Some Spurious Hume Documents', Notes & Queries 26, 561. BIRO, J. I. 'Hume's Difficulties with the Self, Hume Studies 5, 45-54. BRANDT, R. 'David Hume: Neuere Bücher, Vorträge, Aufsätze', Philosophische Rundschau 26, 187-97. BROWN, S. C. 'The "Principle" of Natural Order: o£ What the Enlightened Sceptics did not doubt', in S. C. Brown [see BATTERSBY], 56-76. BUTT, J. The Mid-Eighteenth Century, 222-8, 312-14, 354-7. (The Oxf. Hist, of Eng. Lit., 8.) Oxford. CAPALDI, N. 'The Problem of Hume and Hume's Problem', introduction to D. F. Norton et al., op. cit., 3-21. CASULLO, A. 'Reid and Mill on Hume's maxim of conceivability ', Analysis 39, 212-19. CLARK, L. M. G. & LANGE, L. The Sexism of Social and Political Theory. Toronto"^ (includes reprints of Burns 1976 and Lacoste 1976) CONNON, R. W. 'The Naturalism of Hume Revisited', in D. F. Norton et al., op. cit. 121-45. COTTLE, C E. 'Justice as Artificial Virtue in Hume's Treatise', JHI 40, 457-66. 164. CRAIG, E. J. David Hume: Eine Einführung. in seine Philosophie. (144 pp.) Frankfurt am Main. DAVIE, G. E. 'Berkeley, Hume, and the Central Problem of Scottish Philosophy', in D. F. Norton et al., op. cit., 43-62. DEL BARCO COLLAZOS, J. L. 'Sobre la teoría de la imaginaci ón en la filosofía de Hume', Anuario filosofico 12, 131-43. DELEULE, D. Hume et la naissance du libéralisme économique. (400 pp.) Paris. FLEW, A. 'The Red Queen at Substraction? ', Hume Studies 5, 110-11. FORBES, D. 'Hume and the Scottish Enlightenment', in S. C Brown [see BATTERSBY], 94-109. GASKIN, J. C. A. 'Hume, Atheism, and the "Interested Obligation" of Morality', in D. F. Norton et al., op. cit., 147-59. GAUTHIER, D. 'David Hume, Contractarian', PR 88, 3-38. GAWLICK, G. 'Zwischen Empirizismus und Skeptizismus: Neue Literatur zu David Hume- (I) ', Philosophische Rundschau 26, 161-86. GOOSENS, W. K. 'Stove and Inductive Scepticism', Australas... (shrink)

According to an influential objection, which Martha Nussbaum has powerfully restated, expressing anger in democratic public discourse is counterproductive from the standpoint of justice. To resist this challenge, this article articulates a crucial yet underappreciated sense in which angry discourse is epistemically productive. Drawing on recent developments in the philosophy of emotion, which emphasize the distinctive phenomenology of emotion, I argue that conveying anger to one’s listeners is epistemically valuable in two respects: first, it can direct listeners’ attention to elusive (...) morally relevant features of the situation; second, it enables them to register injustices that their existing evaluative categories are not yet suited to capturing. Thus, when employed skillfully, angry speech promotes a greater understanding of existing injustices. This epistemic role is indispensable in highly divided societies, where the injustices endured by some groups are often invisible to, or misunderstood by, other... (shrink)

Through a careful examination of two detailed investigations of Kant’s Categorical Imperative as a criterion for determining correct action I show that Hegel’s widely castigated critique of Kant’s CI has significant merit. Kant holds that moral imperatives are categorical because the obligations they express do not depend upon our contingent ends or desires and he holds that the CI is the supreme normative principle. However, his actual illustrations show that Kant repeatedly appeals to contingent ends and desires in deriving our (...) obligations and that CI tests often reveal conflicts between maxims and other presupposed norms of action. Moreover, Barbara Herman makes a persuasive case that Kant’s CI test must be supplemented by ‘Rules of Moral Salience’ and by ‘Middle Theory’, which links Kant’s theory of value to a theory of applications. These supplements ultimately shift the principle of universalization from the standpoint of individual morality to social ethics – precisely Hegel’s strategy in his Philosophy of Right! (shrink)

Purpose. This paper aims to show how the views of Kant persist in the modern debate on social justice and to outline the practical and political potential contained in his understanding of a just state system and international justice. To that end, I will present what Kant meant by a just state system and just relationships between states. Then, I will reference his understanding of social justice against three fundamental models of social justice thus far established in (...) the philosophical tradition: the legal, distributive, and contractual justice. Finally, I will explain how the Kantian understanding of social justice is reflected in select modern interpretations of a just state system and justice in international relationships, and how we can grasp the current practice and the expected development of sociopolitical life in the framework of social justice as understood by Kant. Originality. The article presents the theoretical-conceptual and practical-political relevance of the concept of social justice, developed by I. Kant. It was shown that Kant considered justice to be the basis of all correct social relations, both at the level of individual states and in the sphere of international relations. According to Kant, the only just state system is a republic. In his opinion, justice in the field of international relations requires that they be based on the principles of federal unification of individual states. The concept of social justice developed by Kant can be identified as a form of classically understood contractual justice. In addition, Kan’s notion of justice was correlated with the works of modern authors: John Rawls, Robert Nozick and Otfried Höffe, showing identical and different elements in them. Conclusions. The reflections above suffice to assert that the Kantian understanding of social justice primarily involves the following observations: 1. under a relevant contract, interested parties institute a public authority, i.e. a republican state or a federal institution endowed with judicial or executive powers ; 2. the institution of public authority remains fair in dealings with the governed; 3. the public authority has the right to intervene only in the circumstances of threat to the external freedom, equality and independence of the governed individuals; 4. the public authority is responsible only for guaranteeing just relations between individuals and the enforcement of their contracts. Furthermore, Kantian understanding of justice falls within the scope of the classical notion of contractual justice and remains present in the modern debates on justice, as exemplified by the thought of Rawls, Nozick and Höffe. Finally, the Kantian understanding of social justice remains topical and worthy of consideration during the design and the development of current and future solutions for a just public order, both at the national and international level. (shrink)

The main idea behind this article is that in order to understand themeaning that Kant’s political philosophy is rendered to by the givensocio-historical context of a community we need to turn for help toartistic genius whose subjective “I” holds a general feeling of the worldand life. It is in this sense that authors of great novels can help us in twoways. First, their works summarise for our imagination artistic truth aboutman’s capacity for humanity, the very thing that Kant considers to (...) bethe scientifically improvable “fact of reason”. Second, works of greatwriters offer for our insight destinies of individuals who decide to pursuemoral dictate in a society, thus actualising the potential that lies hiddenin all of us, making us worthy of respect. As we lack objective scientificstandard of measurement, artist’s universal feeling of the world is impressedupon us through a narrative about a man who, in a given society and ina given moment, decides to exercise his autonomy and seek the divinein himself. Contemporary social scientists’ attempts to prove historicalprogress is characterised by the very lack of humbleness. Referring tothe great novelists’ works in this article is aimed to remind scientists ofrestraint and self-control demanded from them by the citizen of Konigsberg. (shrink)

Although the importance of measuring and reporting the social and environmental impact of organisational action is increasingly well recognised by both organisations and society at large, existing approaches to impact measurement are still far from being universally accepted. In this context, the stakeholder dynamics within the nascent field of impact investing demonstrate the complexity of resolving potentially differing perspectives on key impact measurement issues such as materiality. This paper argues, from an organisational perspective, that such arenas of contestation can (...) be conceptualised in terms of social justice. Specifically, we draw upon Sen’s notions of ‘arrangement and realisation’ to explore the dynamics of contestation across a range of stakeholders concerning materiality judgements to suggest that such ‘arrangements’ may lead to suboptimal impact outcomes as ‘realisations.’ Our analysis of the nature of materiality contestations in impact measurement reveals the conflicts, tensions and paradoxes evident in this field of action. Empirically, we examine data drawn from 19 cases and 33 interviews. The analysis suggests three arenas of contestation around the materiality of impact measurement: the power dynamics between economically powerful investors and objectified investees; the conflicts between materiality norms and standards; and the interactions between all stakeholders with differing motivations towards radical or incremental materiality. Building upon this analysis, we then discuss how arenas of contested materiality may be mediated by drawing upon Sen’s notions of transcending the individual interests of the invested parties for the greater good via processes of contextualisation and case-specificity. (shrink)

Social justice is a key value of social care. Yet, research on social justice in the context of related higher education is limited. This study uses qualitative interviews to focus on undergraduate social care students' (N = 19) approaches to social justice at the outset of their studies at Metropolia University of Applied Sciences in Finland, utilizing Bell's (2007) social justice framework. Please see Bell (2007) “Theoretical Foundations for Social Justice Education.” In Teaching (...) for Diversity and Social Justice, 2nd ed., edited by M. Adams, L. A. Bell, and P. Griffin, 1–14. New York: Routledge. Bell's (2007) framework includes social political and value elements as well as moral considerations on individuals' social and civic agency. As a result, most of the students indicated that they valued equality. Just over half of them stated that they are engaged in extra-curricular voluntary community service, mainly because it 'felt good'. Some of them exhibited political awareness, discussing voting and fair distribution of resources, but otherwise, few links between social justice and broader societal issues were made. Also, they seldomly addressed the broader community impact of their voluntary extracurricular community service, suggesting they might not yet fully comprehend their roles as purposeful social and civic change agents. The implications of this study are discussed in reference to developing these students' social justice-related knowledge, skills, values and agency. (shrink)

In this article, I explicate Martin Luther King, Jr.’s account of emancipatory history and activism by examining the influence of G. W. F. Hegel’s account of world-historical individuals on his thought. Both thinkers, I argue, affirm that history’s spiritual destiny works through individuals who are driven by the contingencies of their subjective character and given situation to undertake particular actions, and yet who nevertheless freely and decisively break the new from the old by forsaking subjective satisfaction to spur events forward (...) to a more rational state of affairs. This synthetic unity of abstract freedom and concrete embodiment reflects the ‘civil war’ between the universal and infinite essence, and particular and finite passions, that King and Hegel identify as equally constitutive of human will. Through an examination of King’s account of Rosa Parks’ pivotal arrest, I develop the consequences of this ‘Hegelian’ view for our understanding of political action and historical progress. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 305-306 [Access article in PDF] Fichte, J. G. Foundations of Natural Right according to the Principles of the Wissenschaftslehre. Edited by Frederick Neuhouser. Translated by Michael Baur. Cambridge Texts in the History of Philosophy. New York: Cambridge University Press, 2000. Pp. xxxv + 338. Cloth, $64.95; Paper, $22.95. Though best known for his immensely influential effort to "systematize" Kant's (...) Critical philosophy and to ground the same upon a transcendental analysis of the structure of self-consciousness, Fichte also made seminal contributions to social and political philosophy. Of these contributions, the most original is surely his effort to demonstrate that mutual recognition of free subjects is a condition for the possibility of individual self-consciousness. This transcendental deduction of the essentially social or intersubjective character of human beings provides the theoretical underpinnings for a pure theory of Naturrecht ("natural law" or "natural right"), in which the principles of political philosophy are established without any reference to the purely practical principles of morality. Unlike moral laws, the principles of right are only hypothetically or conditionally valid, inasmuch as they are dependent upon one's free decision to live in a community of free beings and to limit one's own freedom accordingly.Justice and law are thereby grounded upon a new, distinctly political conception of [End Page 305] human freedom, which is itself grounded in a new account of the intersubjective dimension of self-consciousness. Following his deduction of the pure concept of right, Fichte proceeds to deduce the conditions for applyingthe same, among the most significant of which is embodiment. Here again, Fichte was a pioneer in arguing for the necessary connection between self-consciousness and the human body. The next step is to demonstrate in detail how social relations between embodied free agents must be organized if such agents are to co-exist in a community. This hypothetical application of the pure concept of right establishes both the "right of coercion" and the basic outlines of the "right of the state," and hence the general form of any legitimate state constitution.Though it appears that Fichte is working with the social contract tradition, his deductive strategy requires a fundamental revision of the same and allows him to construct a theory of the just state that is both recognizably "liberal" and extraordinarily open to considerations of economic justice and social welfare. It is for this reason that some European philosophers (notably, Luc Ferry and Alain Renaut) have in recent decades employed Fichte's political thought as a major resource in their effort to defend a rights-based political theory against attacks from both the right and the left.The primary source of Fichte's political philosophy is his 1796/97 Grundlage des Naturrecht, a work that exercised a decisive influence upon Hegel (whose Phenomenology of Spirit is often and incorrectly described as the first effort, within the context of post-Kantian Idealism, to demonstrate that intersubjectivity is a condition for the possibility of self-consciousness). Directly and indirectly (that is, through Hegel) Fichte's social and political philosophy exercised a strong influence upon Marx and other nineteenth- and twentieth-century socialists.For all of the above reasons, the appearance of a new and reliable English translation of Fichte's Grundlage des Naturrechts is a cause for celebration. Let it be said at once that Michael Baur's translation is simply marvelous. It is accurate and readable, as well as faithful to the style of this, one of Fichte's best-written works. Frederick Neuhouser's Introduction to this translation is equally fine. In it, Neuhouser not only outlines Fichte's main arguments and conclusions, but also offers a brief but trenchant critical appraisal of the historical significance of Fichte's achievement and of the potential relevance of his ideas to contemporary debates and discussions. The Introduction also includes a provocative and well-balanced discussion of some of the unresolved problems implicit in Fichte's arguments. Readers will also appreciate the useful "Guide to Further Reading," and index... (shrink)

Robert Nozick initiated one of the most inspired and inspiring discussions in political philosophy with his 1974 response in Anarchy, State, and Utopia to John Rawls’s 1971 account of distributive justice in A Theory of Justice. These two works have informed an enormous amount of subsequent, especially liberal, discussions of economic justice, where Nozick’s work typically functions as a resource for those defending more right-wing (libertarian) positions, whereas Rawls’s has been used to defend various left-wing stances. Common to these discussions, (...) as found in politics generally (where similar kinds of arguments frequently are used to defend right and the left-wing policies and conclusions) is that they end in rather stubborn stalemates: the right defending minimal states while the left defends more extensive states. Interesting, too, is that both Nozick and Rawls take themselves to be consistent with, inspired by, and furthering Kant’s freedom project in the development of their own theories of justice. In this paper, I start by outlining the structures of these debates with an emphasis on the original disagreements between Nozick and Rawls. I then show how neither theory actually employed Kant’s own theory of justice, but rather drew on or out (presumed) implications of his ethical theory. In the final sections, I argue that if Nozick and Rawls had instead used Kant’s theory of justice and not his ethics, not only would their individual theories have been stronger, but they could have found ways of overcoming the unproductive stalemates that characterize their own as well as subsequent related discussions of economic justice as we currently find them in much scholarly and contemporary political debate. (shrink)

A defense of Kant’s moral philosophy. The author seeks to counteract those interpretations of Kant that restrict their focus to the Groundwork of the Metaphysics of Morals. He argues that one must look at the whole of Kant’s writings, the earlier and later ethical writings as well as the theoretical works. This makes it possible for him to challenge the popular misconceptions of Kant’s teaching: the overemphasis on the correct motive of an action, the mistaken impression that consequences are of (...) no consequence when evaluating the moral worth of an act, and the overattention paid to logical contradiction as the test of a maxim’s morality. The Groundwork is not simply a conclusion of Kant’s early reflections on morality, but it also represents a new departure whose full significance is not seen until the later works. With the Groundwork Kant realizes that morality cannot be established on the grounds set out by the Critique of Pure Reason but requires an independent foundation. His new concept of practical necessity represents a revolution in morality. It is a mistake, then, to read the practical philosophy solely in the light of the theoretical critique. Though founded on a blind "fact of reason," Kant’s teaching is yet not abstract, overly formalistic, or rigoristic. "One must go through all the different formulas [of the categorical imperative] to understand the concept of moral judgment". Rossvaer’s rethinking brings him to stress that "the categorical imperative has no validity beyond being the form of... sensuous striving". This contention that the intellectual and sensuous faculties are not to be radically divorced leads to the ultimate intent of Rossvaer’s work. He argues that the categorical imperative is a principle of execution and only assumes its fullest form in a social philosophy. Consideration of Kant’s notion of the highest good, especially as it is developed in the later works on religion and history, allows Rossvaer to argue for the social and historical relevance of Kant’s teaching. "Since the highest good cannot be justified within an individualistic perspective, but only within a philosophy which takes up society as a problem, morality is meaningless from a human point of view unless we consider ourselves obligated to realize a universal, ethical community". With this, the kingdom of ends is transformed into an historical idealism, practical philosophy becomes a theory of action, and Kant turns out to be not so different from his detractors, Fichte, Hegel, Marx, Habermas, and others. Yet the historicization of the moral agent is yet not complete in Kant. The moral agent retains his critical standpoint, that is the distinction between rationality and the social system. Yet one is brought to ask how this critical distance can be maintained. To what extent does Kant’s overstepping the bounds of theoretical reason also entail the loss of that critical validity won by the first Critique? And, if one is forced in the end to justify one’s practical philosophy only by a social philosophy which does not find its foundation in a theoretical critique, then is the original fear of the first Critique confirmed, that morality may be meaningless after all? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Sixth International Buddhist-Christian Conference, August 5–12, 2000Paul IngramThe Sixth International Buddhist-Christian Conference, sponsored by the Society for Buddhist-Christian Studies, will take place at Pacific Lutheran University, Tacoma, Washington, from August 5 to 12, 2000. The Program Committee has approved the general conference theme as “Buddhism, Christianity, and Global Healing.” The conference will follow the structure, with some variations, of the last international conference that met at DePaul (...) University in 1996: morning working group sessions on several themes interrelated with the general conference theme; afternoon sessions devoted to individual papers; and evening plenary sessions.Evening plenary themes and speakers have been identified: Dr. A. T. Ariyaratne and Dr. Cecil Murray (senior pastor of the First AME Church in Los Angeles) will address the topic “The Non-Violent Struggle for Economic and Social Justice”; Sulak Sivaraksa and John B. Cobb Jr. will speak on “Consumerism and Ecology: Buddhist and Christian Perspectives”; Rita Gross and Daniel Maguire will speak on “Buddhism, Christianity, and Issues of Gender”; and Virginia Straus and a Christian speaker yet to be identified will address “The Earth Charter: A Buddhist and Christian Response.”Working Group cochairs and themes have also been identified: Buddhist-Christian Practice and Mind-Body Healing (Venerable Yifa and Mary Jo Meadow); Ecology, Consumerism, and Corporate Consciousness (David Chappell and Donald Mitchell); Gender: Issues of Oppression and Justice (Judith Simmer-Brown and Donald Luck); Buddhist-Christian Dialogue with the Natural Sciences (Ken Tanaka and Nancy Howell); Buddhist-Christian Dialogue on the Earth Charter (Virginia Straus and Jay McDaniel); The Interior Dialogue: Buddhist-Christian Meditative/ Contemplative Practice (Susan Postal and Ruben Habito); and The Role of Orthodoxy/Orthopraxis in Buddhist-Christian Dialogue (Rita Gross and John Keenan).For the first time in the twenty-year history of our international conferences, a special afternoon seminar will be cochaired by Sallie King and Paul Knitter that will focus on specific case studies on particular issues of peace and justice work that are [End Page 179] interrelated with the themes of the plenary sessions and working groups. These sessions will meet in the afternoon throughout the conference week and will involve a presentation in case-study format from a Buddhist and a Christian engaged in a practical way that illustrates the themes of the conference. They will be asked to describe their situation and what they are doing and, particularly, to speak about how Buddhism or Christianity guides them in their work, the problems and successes they have had, their hopes, and their struggles, after which there will be open conversation with those present. Finally, afternoon sessions will be devoted to individual papers and presentations organized around the conference’s themes and other themes that emerge as individual papers are submitted.A preliminary call for papers will be published in the spring 1999 edition of the Society for Buddhist-Christian Studies Newsletter. Individuals who are not members of the society but wish to have a copy of this call for papers may E-mail the editor of the newsletter, Harry Wells, at.The Department of Religion of Pacific Lutheran University, along with its administration, faculty, and staff, are currently working hard to make this conference enjoyable and memorable. Travel, room and board, and other information regarding Tacoma, Pacific Lutheran University, motels, and excursion arrangements will be made available in the fall 1999 edition of the Society for Buddhist-Christian Studies Newsletter. The final call for papers appears on pp. 242–243.Paul IngramPacific Lutheran UniversityCopyright © 1999 The University of Hawai’i Press... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 535 second English volume), Ratzinger's Behold the Prerced One (pp. 1345 ), and W. Kasper's Theology and Church (pp. 94-108; Kasper says simply, "Rahner's characterization of neo-Chalcedonianism is historicaly inaccurate," p. 214, note 18). As it is, Ols's treatment reminds us that Rahner's own writings, which overlooked the later Councils of Constantinople, presume that Chalcedon had been the end of a development in Christology; this inaccurate (...) presumption has dominated too much of the writing which has followed Rahner's essay. Ols returns to this problem of " latent monophysitism " in some classical christologies in the final chapters of his work (VIII-XI). With a careful examination of the christology of Aquinas, the author skillfully demonstrates the rich development of Christ's true humanity that is possible within the classical approach; he deals specifically with the topics of Christ's knowledge, his sinlessness, and the concept of person. (It is interesting to note that, like Rahner and others before and after, Ols thinks that the word "person" is not particularly felicitous and would prefer simply the word hypostasis or subsistence [p. 187]. His wish is likely to have no more success than previous suggestions in this regard.) Although limited in its intent, this hook is rich in many ways. Ols's knowledge of St. Thomas is deep, and he uses that knowledge well. His critique of Rahner and Schilleheeckx may he forceful in its negative assertions, hut I believe it is accurate in pointing out the philosophical idealism that underlies much of their christological writings. This idealism is too often overlooked and needs the corrective of what we might call "Mediterranean realism." Although his criticism may he incisive, it is never unfair or strident, and he is aware of the positive insights that these men have contributed to our continuing reflections on the Lord. By intent, Ols's work is essentially one of evaluation and criticism. Nevertheless, the chapters that reflect on (and develop) Aquinas's teaching and give a positive presentation of the real human· ity of the Lord lead one to hope that the author will follow this study with a fully elaborated christology. St. Joseph's Seminary, Dunwoodie Yonkers, New York JAMES T. O'CONNOR Kant's System of Rights. By LESLIE A. MULHOLLAND. New York: Columbia University Press, 1990. Pp. xvii + 434. $49.00. Several good hooks on Kant's political philosophy have appeared in the past decade, hut the literature on Kant's political philosophy is still both slimmer and weaker than on any other aspect of his thought. 536 BOOK REVIEWS Though we still await a definitive study of the topic, this book goes a long way toward filling some important gaps. Even the best books on Kant's political philosophy tend to treat only the broad outlines of Kant's position, shying away from detailed exposition of Kant's theories of individual right and external possession and of the political theory based on them. Mulholland's is not only the most detailed but also the most persuasive account of these matters which has yet been presented in English. The book's first four chapters attempt to lay the foundations for Kant's political philosophy through a general discussion of his ethical theory. The main function of these (somewhat overlong) introductory chapters is to argue for a tension between the law of nature formula (which Mulholland prefers as a guide to Kant's theory of right) and the formula of humanity as end in itself. According to Mulholland, the law of nature formula leads to a theory of rights and political obliga· tion which places Kant in the natural law tradition, whereas the formula of humanity commits him to what Mulholland calls the " deed principle ": that acquired rights can come about only through a deed on the part of those having the duties corresponding to the rights through which these duties have been assumed. Mulholland argues that if we take the deed principle strictly, then we must base political obligation on consent and thus on a social contract. The burden of Mulholland's argument throughout the book is that Kant cannot sustain the deed principle, and it is... (shrink)

This meditation is a series of reflections about some milestones along my philosophical journey that concern universals, universal definitions, claims to universal moral principles, and universal dialogue. It begins with a focus on the Socratic search for universal definitions of general terms; and it continues with a look at the way my discovery of non-Euclidean geometries began to challenge my attitude toward the possibility of universal definitions of all general terms. Along the way I bring out how Wittgenstein’s notion of (...) “family resemblances” added to this challenge. The meditation continues with reflections on Kant’s attempts to make a case for a universal and unconditional moral imperative. Following this I sketch a counter-case that the concrete human being gets lost in a haze of Kantian abstraction. These reflections bring out the clear conceptual linkage between the “abstract universal” and the “external relation” as canons ofinterpretation.The meditation then makes a shift to some later milestones on my journey, beginning with reflection on the “concrete universal” and the “internal relation” as alternative canons of interpretation. I try to illustrate how Marx critically appropriated Hegel’s view of these canons via discussion of Marx’s notion of “praxis;” and then go on to adopt these canons of interpretation throughout the rest of the meditation. Employing these canons of interpretation, and with Aristotle’s very broad understanding of the term “politics” in mind, I construe universal dialogue to be a mode of discourse oriented toward the development of a new “politics of the global village” that could cultivate the practice of concretely relating to the other person as a person. Inasmuch as Aristotle construed “politics” as involving a developed ethics as well as a “science of society” , the meditation proceeds with a preliminary sketch of these two dimensions of a new “politics of the global village.”My meditation goes on to suggest a fundamental ethical principle that could be concretely and universally adopted by all people, and that could guide universal dialogue. The meditation continues with a sketch of a philosophical reconstruction of a humanistic Marxist “science of society,” and integrates the fundamental ethical principle with it. This sketch is basically a philosophical clarification of Marx’s theory of cultural evolution that brings into play the key role of the concrete universal and the internal relation as fundamental canons of interpretation. The meditation concludes with an argument that universal dialogue on the part of a very wide spectrum of ordinary people, as well as specialists, is the sine qua non for any hope of transforming the secular basis of human societies in the direction of social justice, as all of humanity faces the daunting crises that loom throughout planet Earth. (shrink)

This paper argues for a conception of transnational justice that provides an alternative to globalist and statist views. In light of an analysis of the transnational context of justice, a critical theory is suggested that addresses the multiple relations of injustice and domination to be found in this context. Based on a universal, individual right to reciprocal and general justification, this theory argues for justifiable social and political relations both within and between states. In both of these contexts, (...) it distinguishes between minimal and maximal justice and stresses the interdependence of domestic and transnational justice. On both levels, minimal justice calls for a discursive structure of justification, whereas maximal justice implies a fully justified basic social structure. (shrink)

What is the proper role of politics in higher education? Many policies and reforms in the academy, from affirmative action and a multicultural curriculum to racial and sexual harassment codes and movements to change pedagogical styles, seek justice for oppressed groups in society. They understand justice to require a comprehensive equality of membership: individuals belonging to different groups should have equal access to educational opportunities; their interests and cultures should be taken equally seriously as worthy subjects of study, their persons (...) treated with equal respect and concern in communicative interaction. Conservative critics of these egalitarian movements represent them as dangerous political meddling into the disinterested pursuit of knowledge. They cast the pursuit of equality as a threat to freedom of speech and academic standards. In response, some radical advocates of such programs agree that the quest for equality clashes with free speech, but view this as an argument for sacrificing freedom of speech. (shrink)

In the past few decades social changes have impacted how we understand justice, as societies become both more multicultural and more interconnected globally. Much philosophical thought, however, seems to proceed in isolation from these developments. While philosophers from Plato onwards have portrayed justice as an abstract, universal ideal, Miller argues that principles of justice are always rooted in particular social contexts, and connects these ideas to the changing conditions of human life. In this important contribution to political (...) philosophy, it is argued that philosophers need to pay more attention to the way that people actually think about what's fair, and only defend principles that are feasible to apply in the real world. To understand equality of opportunity, for example, we must explore the cultural constraints that people face when presented with life choices. Justice for Earthlings also explains how national boundaries make justice at global level different from social justice. (shrink)

Rawls’s theory of justice is based on Kant’s ethics and the theory of social contract. Rawls tries to obey two rules: of universalizations and universality and of the maximization for the least privileged. His theory can be used to judge the ethical position of business firms. It follows from my studies that a just organization of a firm is rare in times of transformation. This may be another reason for mass emigration and it must be taken into account (...) in future debates of the economic development. (shrink)

Background: Since 2010, the United States has experienced 228 disasters, affecting over 86 million people. Because of population shifts, the growing number of people living with chronic conditions or disabilities, and the growing number of older citizens living independently, access and service gaps often exist for those without money or other transferable resources. There is a lack of evidence regarding individual community members’ capacity to prepare for emergencies. Research objective: The purpose of this study is to highlight participant experiences (...) in becoming better prepared for emergencies and provide insight from a social justice perspective. Research design: This is a descriptive qualitative study, staying very close to the data as an end product rather than a beginning for interpretation. Participants and research context: A total of 13 low-income, uninsured, or under-insured attendees at a medical outreach clinic were interviewed. Ethical considerations: Institutional Review Board approval was obtained from the University of Texas at Tyler. Findings: Four themes emerged from the interview data: (a) evaluation of the emergency-preparedness education, (b) making emergency plans, (c) challenges in preparing for emergencies, and (d) facilitators of emergency preparedness. Discussion: Identifying the potential challenges to individual emergency preparedness among vulnerable populations is the first step in overcoming them. The capacity to comply with such measures, especially the ability of those with limited incomes and other vulnerable populations, must be considered. Conclusion: Synchronized, well-ordered assistance will close gaps in recovery and enhance efficiency in pre- and post-event aid. Theoretically, doing so will promote engaged and resilient members of society who are better able to withstand adverse events. The importance of the relationship between individual preparedness levels and the resiliency of nations supports the social justice imperative to address the needs of vulnerable populations in the mitigation and planning phase of the emergency management cycle. (shrink)

Abstract:Music educators and music education researchers often rely on the use of story when advocating for social change. We may use story to illustrate a need for resources, point to a systemic injustice, illustrate a need for policy change, or identify an exclusion. Allies often utilize stories of oppression to demonstrate the untenability of situations or dehumanization experienced by particular people or groups. Stories shared, in other words, typically describe difficult, oppressive, or traumatic situations that may accomplish advocacy (...) or social change goals but may also inadvertently reinscribe oppressive relations. This paper considers several questions in relation to this practice: What does it do for dominant group members to hear stories of marginalization? How can telling stories ultimately reinscribe oppression? How could individuals who offer their stories benefit from sharing? What educational value does telling stories offer? If storytelling carries potential for reinscribing oppression, how else might educators advocate to meet the needs identified? To theorize this type of storytelling, I put Martin Buber’s work on I-Thou in conversation with work of Homi Bhabha. Buber’s theorizing allows the consideration of different types of relations, while Bhabha provides ways to explore the effects of what Buber terms an I-It relationship on individuals subject to systemic oppression. Ultimately, I explore ways to recenter minoritized voices and examine how it might be possible to consider oppressive systems without acquiescing to the demand for story. (shrink)

In §66 of the Critique of the Teleological Power of Judgment, Kant presents a maxim for judging organisms. The maxim is a hybrid of empirical and a priori elements: Kant claims that though it is derived from experience, it asserts universality and necessity. The author substantiates the maxim and account for its hybrid nature by reconstructing Kant’s view, anchoring it in the text of and philosophical positions from neighboring sections of the Analytic. The reconstruction exposes a proper role for (...) reflective judgment, and for a relation between reason and the faculty of understanding; it shows how Kant’s conception of organisms and species concepts, his general conception of matter, and the systematicity of his conceptual hierarchy are fundamental to justifying the maxim. (shrink)

Addressing the question in the form of Kant’s maxim, this paper moves on to a more controversial topic in biomedical ethics, physician-assisted suicide. However, my conclusion is tentative, and what is worse, negative: I partially approve suicide. It does not imply a moral hazard. The situation is opposite: in the present times, terminal patients seriously wish it. I, as an author, put an emphasis on this very respect. Now suicide is, for certain circles, nothing but justice. The arguments of thinkers (...) who approve suicide are also cited from this angle. (shrink)

Pogge’s 2006 framework of global justice can be adapted for individual agents or collective unilateral donations in the same way Singer’s framework has been. I do so by amending Pogge’s institutional principles for international human rights NGOs and by adding two further principles to address challenges that arise when his framework is applied. This adapted framework enjoins donors to make principled philanthropic decisions that prioritize existing and near-term suffering, while also rectifying their part in causing this suffering. It makes (...) Pogge’s negative duty account easier to implement than his previous proposal, and provides well-off individuals with an alternative to Effective Altruism. (shrink)

Kant’s formula of universal law (FUL) is standardly understood as a test of the moral permissibility of an agent’s maxim: maxims which pass the test are morally neutral, and so permissible, while those which do not are morally impermissible. In contrast, I argue that the FUL tests whether a maxim is the cause or determining ground of an action at all. According to Kant’s general account of causality, nothing can be a cause of some effect unless there is a (...) law-like relation between the putative cause and effect. Applied to the case of action, no maxim can be the cause of an agent’s action unless there is a law-like relation between maxims of that kind and actions of that kind. The special capacity to act according to maxims as law-like causes is what Kant calls a will; the basic constitutive principle of the will is a non-normative principle I call the categorical declarative. While the actions of a perfectly good will would be described by the categorical declarative alone, human action is determined not only by the causality of the will, but also by competing causes, namely those stemming from inclination. There is thus need for a causal test for putative maxims. The test contained in the FUL is meant to determine whether an action could be grounded solely on the agent’s maxim, or whether it requires a cause external to the will. This account permits one to build eventual distinctions concerning the morality of actions on prior and independent distinctions concerning their causality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:258 HISTORY OF PHILOSOPHY and diversity"-- ("it is useless to deny or even minimize the incongruities and the contradictions" in Rousseau's statements, as Burgelin says in another book). Instead he puts the finger on the one trait that sets this piece of rationalism (or anti-rationalism, as some would say) apart from all others: not sentiment verging on the mystical, but egocentrism, existentially founded and unique. Rousseau, taking a (...) stand outside the battling parties, outside his own religion, becomes more and more "une existence solitaire en face d'une autre existence, qui le regarde," that "other existence" which he calls God. Alas, the descent from such existential heights is swift. Soon the solitary thinker will be enmeshed again in unsolitary speculations about those very issues he had left behind in his flight into the self. Where will this strange pilgrim's progress end? In 1769, seven years before his death and feeling the cold breath of old age upon him, Jean-Jacques wrote: "In my childhood I believed by authority, in my youth by feeling, in my mature age by reason; now I believe because I have always believed." Burgelin cites this as proof that Rousseau never ceased to believe. Maybe so. But is this the point? What the passage defines is the pilgrim's irreversible religious itinerary. On cannot but ask what the next inevitable stop on the road would have been. Waiting for Godot? "Whoever makes an effort to find in Rousseau's work an explicit philosophy... runs into a very peculiar difficulty, for a philosophy is defined above all by its coherence, and [Rousseau] himself warns us against his own methods." With these words Pierre Burgelin opened his monumental work, La philosophic de l'existence de ].-]. Rousseau (1952). It is in the several pertinent chapters of this earlier work that the reader will find what the present book withholds: a philosophical analysis as rigorous as it is profound and comprehensive, the best analysis we have to Rousseau's religious thought. Professor Burgelin's new book merely proves that not even he can do justice to Jean-Jacques without explaining him. GREGORSEBBA Emory University l~mile ou de l'dducation. Par Jean-Jacques Rousseau. Introduction, bibliographic, notes, et index analytique par Francois et Pierre Richard. gdition illustr~e. (Paris: ~ditions Garnier Fr~res, 1962. Pp. 1 + 664 [1].) While the new Pldiade edition of Rousseau, a model of contemporary French scholarship, makes its slow, stately way towards completion, the well-known yellow Classiques Garnier keep coming out in new editions or simply in new dress. This 12mile is a handsomely produced, very readable BOOK REVIEWS 259 reissue of the 1939 Garnier edition, with reproductions of eighteenthcentury engravings on themes of Rousseau. They add rich period flavor to this strange work in which a hypermodern intelligence talks the language of three centuries ago. There are useful notes, the detailed subject index is exceptionally well laid out, the spacious bibliography is ample for Rousseau 's sources and influence, but its meager twentieth-century section should have been reworked and brought up to date. The Introduction, too, can still be read with much profit, even though its critical standpoint is now antiquated, eloquent proof of the effectiveness of Rousseau scholarship in the last two decades. For its price this is a very handy, serviceable edition to have until the Biblioth~que de la PMiade catches up with Garnier Fr~res. Emory University GREGOR SEBBA Kant's Theory o[ Knowledge. By Graham Bird. (New York: The Humanities Press, 1962. Pp. x + 210. ~5.50.) In the Preface the author states that he has two main objectives in his book: To pursue one central argument through the Critique of Pure Reason and to discuss Kant's views in terms of a modern philosophical idiom. Bird follows this programme out through most of the book, departing from it on only one occasion, in Chapter 11 (pp. 181-188) in which he discusses and criticizes Strawson's theory of personality (as presented in his book Individuals, chap. 3). The space given to Strawson does not, however, constitute a serious digression from the main argument because it comes at the end of a chapter devoted... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 127-128 [Access article in PDF] Book Review Kant: A Biography Manfred Kuehn. Kant: A Biography. New York: Cambridge University Press, 2001. Pp. xxii + 544. Cloth, $34.95. Kuehn's biography of Kant is an extraordinary scholarly and literary accomplishment. In nine masterful chapters (along with a prologue), Kuehn draws on an incredibly comprehensive and varied repository of historical evidence in painting (...) a detailed, yet also widely accessible picture of the successive stages of Kant's life and of how his major and minor writings emerge from them, a picture that is both more accurate and more informative than what could ever be pieced together from existing biographies, even those written in German or at a time much closer to Kant's own.What is distinctive about Kuehn's methodology--and part, but only part, of what makes his work superior to other Kant biographies--is the way in which he focuses on Kant's intellectual context. For Kuehn, to understand Kant requires understanding him not just in the global context of modern European philosophy or even German philosophy, but also in his local context of Prussia and Königsberg. Accordingly, in the first chapter Kuehn does not merely list the biographical details of Kant's family and the name of the school he attended, but rather explains what it would have meant for Kant's father to be a member of a guild in eighteenth-century Prussia, what values that guild incorporated, what consequences his parents' Pietism would have for him, and what the intellectual and social life of the Collegium Fridericianum was like. Kuehn's proper emphasis on figures and events in Königsberg runs throughout the book. Thus in the second chapter, Kuehn describes the various faculty members Kant would have encountered as a student, what philosophical [End Page 127] views they held, how Kant's own activities as a student deviated from those of the "typical" student, what religious movements became influential at what time in the university, and what political consequences they would have had on a student's intellectual life. In the third chapter (devoted to 1755-64), Kuehn reveals how Kant, forming a wide circle of friends that would include Hamann, Herder, Hippel, and the family of Count Keyserlingk, "became a person of elegance during this period, someone who shone at social events with his intelligence and wit" (115). In chapter 4 (1764-69), Kuehn describes how Kant developed a close friendship with Green that would radically change his life. In fact, Kuehn claims that it was at the age of forty and due to the influence of Green that Kant underwent a conversion or rebirth by coming to understand the centrality of character and the role that maxims play in it. Moreover, in describing the radical changes of position initiated in his inaugural dissertation and completed in the three Critiques, Kuehn connects biography and philosophy by positing that Kant saw these works as providing "his newfound character with a philosophical justification and defense" (187).While one might think that chapter 5, which covers the 1770s, would have to be very short, given Kant's sparse publications during this period, Kuehn describes at length the rich set of interactions that Kant had with Mendelssohn, Herz, Lambert, Kraus, Herder, and Hamann, exchanges that would be crucial in the final articulation of his mature view. Kuehn devotes chapters 6 and 7 to the period during which Kant published his mature theoretical and practical works, most notably the Critique of Pure Reason and the Groundwork of the Metaphysics of Morals, and it is here that Kuehn's contextualism has perhaps its greatest philosophical payoff. For the close attention Kuehn has paid to Kant's interactions with his immediate contemporaries reveals that he did not understand Hume's position as we might today, namely as advocating global skepticism about knowledge of the external world. Rather, Kant saw Hume's skepticism as being local and methodological in combating rationalism and dogmatism. As a result, Kant saw Hume mainly as an ally, not an adversary. Kuehn... (shrink)

In this paper I argue that there would be no obligatory maxims if the only standards for assessing maxims were Kant’s universalizability tests. The paper is divided into five sections. In the first, I clarify my thesis: I define my terms and disambiguate my thesis from other related theses for which one might argue. In the second, I confront the view that says that if a maxim passes the universalizability tests, then there is a positive duty to adopt (...) that maxim; I also confront a close relative of this view. In the third, I confront the view that says that if a maxim does not pass the universalizability tests, then there is a positive duty to adopt the contradictory of that maxim. In the fourth, I confront two variations of the view that says that if a maxim does not pass the universalizability tests and an agent is deliberating about the action in the maxim, then the agent has a positive duty to adopt the contrary of that maxim. In the fifth, I confront the view that says that if an agent has adopted a maxim of ends, then the agent has a positive duty to universalize that end. I then wrap up the paper with some concluding remarks. (shrink)