Abstract:Some moral responsibility theorists think that certain agents (like psychopaths) can be morally responsible—and morally criticizable—for their actions and attitudes even though they lack any competence in grasping or responding to moral norms (a blindness to moral reasons that is typically called “normative incompetence” or, more accurately, “moral incompetence”). In this essay, I provide a new argument against these theorists by exploring the intersection between two normative domains, the funny and the moral. There are, it turns out, (...) interesting and significant ways that properties from each domain bear on reasons to respond in the other, and so there are interesting and significant ways in which people’s responses to cruel jokes or insult humor may be criticizable. I then survey various personality and psychological impairments that seem to undercut criticizability in this intersecting domain. Learning about these people and their impairments yields a wealth of information about what true normative competence actually requires, as well as why competence of the specifically moral variety really is required for moral criticizability. (shrink)

Natalie Stoljar posits that purely procedural theories of autonomy are unable to explain the ‘feminist intuition’, which is the idea that the internalization of false and oppressive norms are incompatible with autonomy. She claims instead that an account based on ‘normative competence’ – which requires true beliefs and critical reflection – can explain why oppressive norms should be excluded as legitimate decision-making inputs. On my view, however, the normative competence approach is subject to a worrying problem. (...) While Stoljar's view successfully problematizes the internalization of oppression, her view misattributes non-autonomy also to those who perpetrate the oppression. I suggest that this is implausible, arguing instead that we can establish an asymmetry of autonomy between those who oppress others and those who are made target of oppression. (shrink)

About a year after the start of the Iraq War, a story broke about the abuse of Iraqi detainees by American soldiers at the Abu Ghraib prison. Editorialists and science writers noted affinities between what happened at Abu Ghraib and Philip Zimbardo’s famous 1971 Stanford Prison Experiment. Zimbardo’s experiment is part of the “situationist” literature in social psychology, which suggests that the contexts in which agents act have a larger influence on behavior, and that personality traits have a smaller influence, (...) than is ordinarily supposed. Recently, there has been increased interest among philosophers in research like Zimbardo’s and its potential for influencing ethical theories. This increase is due in part to the publication of John Doris’ Lack of Character. More recently, Doris and Dominic Murphy have argued that soldiers, including those at Abu Ghraib, often act under conditions of moral excuse because the situational pressures to which they are exposed impair their capacities for moral judgment. I argue that soldiers can be morally responsible for wartime behavior even if their moral capacities have been substantially impaired. (shrink)

Natalie Stoljar posits that those who have internalized oppressive norms lack normative competence, which requires true beliefs and critical reflection. A lack of normative competence makes agents nonautonomous, according to Stoljar. This framework is thereby meant to address what she calls the “feminist intuition”—the intuition that oppressive norms are incompatible with autonomy. On my view, however, Stoljar’s normative competence account of autonomy is subject to a worrying problem. Her account misattributes nonautonomy to those who (...) perpetrate the oppression, making those who are oppressed and those who oppress count as equally nonautonomous. I argue that this is implausible and demonstrate in this paper that we can establish an asymmetry of autonomy between those who oppress others and those who are made the target of oppression. (shrink)

Compared with children, adults are widely assumed to possess more mature moral understanding thus justifying deference to their moral authority and testimony. This paper examines philosophical discussions regarding this child-adult moral relation and its implications for moral education, particularly accounts suggesting that the moral status of children constitute grounds for treating them paternalistically. I contend that descriptions and justifications of this paternalistic attitude towards children are either unacceptably crude or mistaken. While certain instances justify paternalistic treatment towards children, in the (...) context of moral education the paternalistic attitude is largely irrelevant and even counterproductive. I make a case that children can readily meet minimal standards for moral understanding and engagement. Even when children have no final say, there is still a significant normative difference between deferring paternalistically to the adult's moral testimony and interacting with the child in moral conversation. These considered, I defend a social-contextualist account of moral education that incorporates a participatory (over a paternalistic) pedagogical attitude. Further, instead of portraying moral education in terms of stages (as argued by Kohlberg), moral education should be characterized more as a gradual appreciation of and sensitivity to normative demands that apply in various shared contexts and spheres of human concern. (shrink)

This book offers a new account of what it is to act for a normative reason. The first part of the book examines the problems of causal accounts of acting for reasons and suggests to solve them by a dispositional approach. The author argues for a dispositional account which unites epistemic, volitional, and executional dispositions in a complex normative competence. This ‘Normative Competence Account’ allows for more and less reflective ways of acting for normative (...) reasons. The second part of the book clarifies the relation between the normative reason that an agent acts for and his or her motivating reasons. It refutes the widely held ‘identity view’ that acting for a normative reason requires the normative reason to be identical with a motivating reason. The author describes how normative reasons are related to motivating reasons by a relation of correspondence, and proposes a new understanding of how normative reasons explain those actions that are performed for them. Determined by Reasons engages with current debates from a wide range of different philosophical areas, including action theory, metaethics, moral psychology, epistemology, and ontology, to develop a new account of acting for normative reasons. (shrink)

Norms conferring public or private powers, i.e., the competence to issue other norms, play a very important rôle in law. But there is no agreement among legal philosophers about the nature of such norms. There are two main groups of theories, those that regard them as a kind of norms of conduct (either commands or permissions) and those that regard them as non-reducible to other types of norms. I try to show that reductionist theories are not quite acceptable; neither (...) the command-variety (Kelsen, Alf Ross inOn Law and Justice), nor the permission-variety (von Wright, Kanger, Lindahl) provide a satisfactory account of competence norms.Among the authors who maintain that competence norms are different from (and hence not reducible to) norms of conduct are Hart, Ross inDirectives and Norms, and Searle. Ross and Searle distinguish between regulative and constitutive rules as two radically different kinds of rules and classify competence norms among constitutive rules. This distinction runs parallel to von Wright's distinction between rules that are prescriptions and determinative rules. While the first regulate actions (by commanding, prohibiting, or permitting them), determinative rules define certain concepts. To view competence norms as (partial) definitions of certain legal concepts (like those of legislator, judge, etc.) seems to open interesting perspectives and to shed light on at least one aspect of these elusive norms. (shrink)

Mental competence, or decision‐making capacity, is an important concept in law, psychiatry, and bioethics. A major problem faced in the development and implementation of standards for assessing mental competence is the issue of objectivity. The problem is that objective standards are hard to formulate and apply. The aim here is to review the limited philosophical literature on the place of value in competence in an attempt to introduce the issues to a wider audience. The thesis that the (...) assessment of competence must incorporate elements of value and rationality is defended, and some tentative suggestions offered about how this might be achieved in a clinical setting. (shrink)

“The Nature of Belief Systems” sets forth a Hobson's choice between rule by the politically ignorant masses and rule by the ideologically constrained—which is to say, the doctrinaire—elites. On the one hand, lacking comprehensive cognitive structures, such as ideological “belief systems,” with which to understand politics, most people learn distressingly little about it. On the other hand, a spiral of conviction seems to make it difficult for the highly informed few to see any aspects of politics but those that confirm (...) the cognitive structures that organize their political perceptions. This is a troubling situation for any consequentialist democratic political theory, according to which what is crucial is the electorate's (and subsidiary decision makers') ability to make informed policy judgments, not their possession of willful but uninformed political “attitudes.” Any political theorist who does not take democracy to be an end in itself (regardless of its consequences) should be concerned about Converse's findings. (shrink)

A necessary component to reproductive autonomy is being trusted to make reproductive decisions. In the case of contraception, however, women are considered both trustworthy and untrustworthy. Women are held responsible for contraception and because responsibility usually stems from trust, it appears that women are trusted with contraception. Yet myriad laws and forms of surveillance and normalization surrounding contraception make women seem untrustworthy. Relying on Amy Mullin’s conception of trust that we trust those who we assume believe in the same social (...) norms we do, I argue that this tension results from two competing social norms. One norm governing contraception is that people should be self-sacrificing, a norm with which most women align due to traditional gender roles. However, there is a norm that women are irrational in general as well as in contraceptive matters and consequently should not be trusted to use contraception. In order to combat both these norms, I make concrete recommendations for increasing knowledge of contraception, normalizing its use, and trusting both women and men with it. (shrink)

Alf Ross propose une théorie juridique qu’il veut “véritablement” réaliste, c’est-à-dire susceptible de dissoudre les problèmes auxquels se heurtent la théorie normativiste de Kelsen et la théorie réaliste américaine et de reconstruire leur discours de manière scientifique. L’originalité de Ross réside dans son concept de norme de compétence que Ross analyse, avant d’autres et notamment Searle, comme des règles constitutives. Contrairement à ce que de nombreux commentateurs ont soutenu, ce concept de norme constitutive ne contredit pas la théorie réaliste de (...) Ross. Éclairées à la lumière des premiers écrits de Ross, les normes de compétence sont des rationalisations capables d’exprimer la prédisposition des destinataires des normes à reconnaître certains faits comme droit. Ross peut dès lors apparaître comme un précurseur du postpositivisme. (shrink)

Determined by Reasons: A Competence Account of Acting for a Normative Reason, by MantelSusanne. New York and London: Routledge, 2018. Pp. xiii + 190.

This article discusses how to interpret the so-called Knobe effect, which refers to the asymmetry in judgments about the intentionality of the side effects caused by one’s actions. The observed tendency is explained through the “moral undertone” of the actions judged. So far, discussions have mostly been held among philosophers in the analytical tradition, who see the theory of morality largely as an ethics of rules. The analysis developed in this article advances the research carried out so far to include (...) teleological ethics, most notably the tradition of Thomistic ethics. Philosophical discussions address the problem of normative orders, focusing in particular on two types of cognition concerned, respectively, with moral judgments and facts. Investigating this issue proves to be helpful not only to explain the Knobe effect, but also to better understand the very notion of an intentional action as employed in the philosophy of action. As a result of this analysis, the Author explains the existing asymmetry in the attribution of intentionality to actions with the respondents’ confusion between cognitive orders. This problem brings us to the issue of normative competences. In analyzing the Knobe effect, normative competences would be responsible for the classification of the data collected and separation of the “purely informative” order from the order of moral judgments, referring to norms or values. (shrink)

Definition of the problem “Ulysses contracts” are advance directives by means of which a patient authorizes compulsory treatment for a phase of a temporary inhibition of competence. Ethical discussion of Ulysses contracts usually focuses on the question of the “moral authority” or the “binding force” of Ulysses contracts, i.e., of whether Ulysses contracts should be honored or whether the competent patient’s prospective wishes for compulsory treatment are overridden by the patient’s actual preferences in the situation of treatment. Arguments In (...) this contribution, I argue that, even if the Ulysses contract undoubtedly applies to the actual situation, there may be reasons for not acting upon it. The main argument is that acting in conformity to a Ulysses contract may be justified but nevertheless wrong. After some terminological clarifications, I argue that Ulysses contracts justify the use of compulsory treatment but do not necessarily make it the right course of action. They authorize physicians to act in accordance with the patient’s advance directive and, thereby, protect them from blame and sanctions in case they administer compulsory treatment. Whether compulsory treatment is right or wrong, however, hinges on whether the patient retrospectively consents to it. It may be the case that administering compulsory treatment in conformity to the Ulysses contract is justified but turns out to be wrong if the patient does not retrospectively consent to it. It may also be the case that not obeying the Ulysses contract turns out to be right if the patient retrospectively consents to not following it. Conclusion In view of this, I conclude that Ulysses contracts should not be seen as morally binding and that they should not be made legally binding. They are not normatively on par with other advance directives that relate to, for example, states of dementia. (shrink)

In discussions of standards of proof, a familiar perspective often emerges. According to what we call specificationism, standards of proof are legal rules that specify the quantum of evidence required to determine that a litigant’s claim has been proven. In so doing, they allocate the risk of error among litigants (and potential litigants), minimizing the risk of certain types of error. Specificationism is meant as a description of the way the rules actually function. We argue, however, that its claims are (...) either mistaken or at a minimum deeply misleading, especially when it comes to standard of proof rules (SPRs) that contain indeterminate formulas, as is typical. As against specificationism, we argue that SPRs are best understood as rules that confer competence to decide whether a given standard has been met—according to whatever vague or inchoate interpretation (if any) of the rule in question triers of fact implicitly or explicitly employ. We call this the competence-norm approach. (shrink)

Les citoyens sont tout dans la société, rien dans les institutions et demandent à devenir quelque chose. Pour y répondre, il faut une double rupture : reconnaître la compétence normative et pas seulement électorale des citoyens ; reconnaître de nouveaux lieux de fabrication de la loi.

A competence model describes the abstract structure of a solution to some problem. or class of problems, facing the would-be intelligent system. Competence models can be quite derailed, specifying far more than merely the function to be computed. But for all that, they are pitched at some level of abstraction from the details of any particular algorithm or processing strategy which may be said to realize the competence. Indeed, it is the point and virtue of such models (...) to specify some equivalence class of algorithms/processing strategies so that the common properties highlighted by the chosen class may feature in psychologically interesting accounts. A question arises concerning the type of relation a theorist might expect to hold between such a competence model and a psychologically real processing strategy. Classical work in cognitive science expects the actual processing to depend on explicit or tacit knowledge of the competence theory. Connectionist work, for reasons to be explained, represents a departure from this norm. But the precise way in which a connectionist approach may disturb the satisfying classical symmetry of competence and processing has yet to be properly specified. A standard ?Newtonian? connectionist account, due to Paul Smolensky, is discussed and contrasted with a somewhat different ?rogue? account. A standard connectionist understanding has it that a classical competence theory describes an idealized subset of a network's behaviour. But the network's behaviour is not to be explained by its embodying explicit or tacit knowledge of the information laid out in the competence theory. A rogue model, by contrast, posits either two systems, or two aspects of a single system, such that one system does indeed embody the knowledge laid out in the competence theory. (shrink)

Because corporate social responsibility can be beneficial to both companies and its stakeholders, interest in factors that support CSR performance has grown in recent years. A thorough integration of CSR in core business processes is particularly important for achieving effective long-term CSR practices. Here, we explored the individual CSR-related competencies that support CSR implementation in a corporate context. First, a systematic literature review was performed in which relevant scientific articles were identified and analyzed. Next, 28 CSR directors and managers were (...) interviewed. The literature review complemented with interview data resulted in the following eight distinct CSR-related competencies: Anticipating CSR challenges; Understanding CSR-relevant systems and subsystems; Understanding CSR-relevant standards; CSR management competencies, including Leading CSR programs, Managing CSR programs, and Identifying and realizing CSR-related business opportunities; Realizing CSR-supportive interpersonal processes; Employing CSR-supportive personal characteristics and attitudes; Personal value-driven competencies, including Ethical normative competencies, Balancing personal ethical values and business objectives, and Realizing self-regulated CSR-related behaviors and active involvement; and Reflecting on personal CSR views and experiences. Based on these results, implications for further research on this topic, as well as implications for practitioners, are discussed. (shrink)

Determined by Reasons: A Competence Account of Acting for a Normative Reason. By Mantel Susanne..).

A familiar feature of our moral responsibility practices are pleas: considerations, such as “That was an accident”, or “I didn’t know what else to do”, that attempt to get agents accused of wrongdoing off the hook. But why do these pleas have the normative force they do in fact have? Why does physical constraint excuse one from responsibility, while forgetfulness or laziness does not? I begin by laying out R. Jay Wallace’s (Responsibility and the moral sentiments, 1994 ) theory (...) of the normative force of excuses and exemptions. For each category of plea, Wallace offers a single governing moral principle that explains their normative force. The principle he identifies as governing excuses is the Principle of No Blameworthiness without Fault: an agent is blameworthy only if he has done something wrong. The principle he identifies as governing exemptions is the Principle of Reasonableness: an agent is morally accountable only if he is normatively competent. I argue that Wallace’s theory of exemptions is sound, but that his account of the normative force of excuses is problematic, in that it fails to explain the full range of excuses we offer in our practices, especially the excuses of addiction and extreme stress. I then develop a novel account of the normative force of excuses, which employs what I call the “Principle of Reasonable Opportunity,” that can explain the full range of excuses we offer and that is deeply unified with Wallace’s theory of the normative force of exemptions. An important implication of the theory I develop is that moral responsibility requires free will. (shrink)

In this paper we assume that ‘theory’ is important for Clinical Ethics Support Services (CESS). We will argue that the underlying implicit theory should be reflected. Moreover, we suggest that the theoretical components on which any clinical ethics support (CES) relies should be explicitly articulated in order to enhance the quality of CES.A theoretical framework appropriate for CES will be necessarily complex and should include ethical (both descriptive and normative), metaethical and organizational components. The various forms of CES that (...) exist in North-America and in Europe show their underlying theory more or less explicitly, with most of them referring to some kind of theoretical components including ‘how-to’ questions (methodology), organizational issues (implementation), problem analysis (phenomenology or typology of problems), and related ethical issues such as end-of-life decisions (major ethical topics).In order to illustrate and explain the theoretical framework that we are suggesting for our own CES project METAP, we will outline this project which has been established in a multi-centre context in several healthcare institutions. We conceptualize three ‘pillars’ as the major components of our theoretical framework: (1) evidence, (2) competence, and (3) discourse. As a whole, the framework is aimed at developing a foundation of our CES project METAP.We conclude that this specific integration of theoretical components is a promising model for the fruitful further development of CES. (shrink)

Offering a systematic analysis of texts produced between the court of Burgundy in the 1470s and the court of the Austrian Habsburgs in the early 1700s, this book traces the development of the idea of successful and competent political behaviour as seen through the eyes of court historians between the fifteenth and the eighteenth centuries.

John Rawls argued that democracy must be justifiable to all citizens; otherwise, a democratic society is oppressive to some. In A Pragmatist Philosophy of Democracy (), Robert B. Talisse attempts to meet the Rawlsian challenge by drawing from Charles S. Peirce's pragmatism. This article first briefly canvasses the argument of Talisse's book and then criticizes its key premise concerning (normative) reasons for belief by offering a competing reading of Peirce's “The Fixation of Belief” (). It then proceeds to argue (...) that Talisse's argument faces a dilemma: his proposal of epistemic perfectionism either is substantive and can be reasonably disagreed about or is minimal but insufficient to ground a democratic society. Consequently, it suggests that the Rawlsian challenge can only be solved by abandoning Rawls's own notion of reasonableness, and that an interesting alternative notion of reasons can be derived from Peirce's “Fixation.”. (shrink)

__The View from Within_ _examines the character of reason and the ability of an individual to effectively distance himself from the normative framework in which he functions in order to be self-critical and innovative. To accomplish this task, Menachem Fisch and Yitzhak Benbaji critically employ or reject the recent writings of Brandom, Friedman, Frankfurt, Walzer, Davidson, Williams, Habermas, Rorty, and McDowell to offer a fundamental analysis of the character of reason and the problem of relativism. This ambitious book forcefully (...) raises the problem of rational normative change and makes the unique and insightful claim that although we cannot be _convinced _by normative criticism to modify or replace our norms, we can be rationally _motivated_ to do so by the effect of exposure to trusted critics. Its unprecedented analysis, with its solution to the problem of normative self-criticism that has baffled philosophers for the past sixty years, will be welcomed by both students and scholars of philosophy. “__The View from Within_ _is a thorough evaluation of the arguments made by contemporary philosophers about the normative character of reason and the derivative problem of relativism. Fisch and Benbaji have admirably compared and contrasted competing positions, and with a balanced critique, they have made a sustained effort to ‘save’ rationality and provide new guideposts for its philosophical evaluation. A timely and important contribution.” —_Alfred I. Tauber, Boston University_. (shrink)

This is a follow-up article of Strauss 2011. In order to transcend the shortcomings present in the dialectical legacy regarding normativity, this article further explores key elements within the dialectical tradition focused on the basic motive of nature and freedom and the effect it had on modern social contract theories which aimed at reconstructing human society from its “atoms,” the individuals . The transition to an alternative approach commences with a discussion of the distinction between conditions and what is conditioned. (...) It concerns a correlation found within all aspects of reality, namely that between the law side or norm side on the one hand and the factual side on the other. The basic assumption of this alternative view is found in the idea of ontic normativity which is rooted in a non-reductionist ontology. Against this broader background shortcomings in Kelsen’s theory of law are briefly traced to the dialectic of the causal and non-causal , before a positive characterization of the concept of a principle is given. It turned out that it is a compound basic concept in which terms from different modal aspects of reality are encapsulated at once. The recognition of ontic normativity therefore also enables a distinct methodology, the transcendental-empirical method, which makes it possible to distinguish between the pre-positive nature of a principle, as a universal and constant starting-point for human action, and the historically varying ways in which such a principle can be made valid, ( enforced ) through a competent organ disposing over an accountable will and capable to interpret the unique historical circumstances in which the principle has to be positivized (given a positive form or shape ). The nature of modal norms is highlighted in terms of various examples, such as jural, historical, logical and aesthetic principles, with special reference to Derrida’s understanding of credit as economic trust or economic faith. In order to make this transcendental-empirical method understandable a more detailed account of the nature of modal aspects is given. The emphasis on ontic normativity also helps us to steer clear of conceptions of natural law , historicism and the shortcomings present in the idea of a social construction of the world . The guiding perspective flowing from this analysis is that modal norms can be articulated through an analysis of analogical structural moments on the law sides of the normative aspects. The last part of this article briefly introduces the distinction between modal and typical norms without entering into a discussion of the latter. (shrink)

Knowledge is an achievement manifesting a type of competence, akin in important respects to a skill. Accordingly, epistemic judgment is an exercise of agency. Ernest Sosa’s work has elaborated these and related insights into a meticulous, persuasive version of a virtue epistemology. Given the framing assumptions of mid-twentieth century Anglo-American epistemology, developing a competence-centered explanation of judgment, knowledge, and justification required brilliant critical and creative thought. So it is intriguing and perhaps instructive to consider how some of Sosa’s (...) views relate to the outlook of early Chinese thinkers, for whom the idea of knowledge as a competent performance required no argument, being implicitly taken as an obvious, shared starting point. Here I will focus on Xúnzǐ 荀子, whose epistemological concerns in some respects dovetail with and in others complement Sosa’s. I will draw on concepts from Sosa’s framework to elucidate features of Xúnzǐ’s epistemology and in turn suggest how Xúnzǐ’s theoretical orientation might cast light on Sosa’s project. In particular, I will suggest that Sosa’s conception of full aptness helps to elucidate the significance of Xúnzǐ’s discussion of epistemic pitfalls, while Xúnzǐ’s treatment of the epistemic agent’s awareness of and commitment to norms of judgment helps to enrich Sosa’s view of epistemic agency. (shrink)

Suppose that two competing norms, N1 and N2, can be identified such that a given person’s response can be interpreted as correct according to N1 but incorrect according to N2. Which of these two norms, if any, should one use to interpret such a response? In this paper we seek to address this fundamental problem by studying individual variation in the interpretation of conditionals by establishing individual profiles of the participants based on their case judgments and reflective attitudes. To investigate (...) the participants’ reflective attitudes we introduce a new experimental paradigm called the Scorekeeping Task. As a case study, we identify the participants who follow the Suppositional Theory of conditionals (N1) versus Inferentialism (N2) and investigate to what extent internally consistent competence models can be reconstructed for the participants on this basis. After extensive empirical investigations, an apparent reasoning error with and-to-if inferences was found in one of these two groups. The implications of this case study for debates on the proper role of normative considerations in psychology are discussed. (shrink)

I raise a dilemma for an epistemology based on the idea that there are hinge propositions or primitive certainties: either such propositions are norms or rules in the 'grammatical' sense, but they cannot regulate our inquiries since they are not genuine propositions obeying truth or evidential standards, or they are epistemic norms, but compete with the classical norms of belief and knowledge. Either there are hinges, but they have nothing to do with epistemology, or hinges are part of our knowledge, (...) and their epistemology is part of ordinary epistemology. (shrink)

The concept of guardianship, its associated principles, distinctions, and articulation of the legal needs of the elderly are introduced via a review of well-canvassed criticisms of Canadian guardianship legislation. Claims that the reformed legislation of Alberta, Quebec, and British Columbia represent models of adequate adult guardianship compared with traditional (archaic lunacy) law are examined. This paper argues that these renovated models exhibit a dubious normative advance over traditional legislation. Specifically, the normative presuppositions of the reformed legislation, such as, (...) restriction to an autonomy-paternalism framework, and the norms of the liberal individual and state, obscure important issues in at least two key areas which challenge the models' assumptions; namely, assessment and legal competence and assessment and need. The development of guardianship laws and of social arrangements that are more responsive to the life experiences of the elderly requires critical re-articulation of the nature of individuals and their communities. (shrink)

Explains the concept of legal competence (or power). This book then discusses the analysis and definition of legal concepts in general; the relation between the concept of competence and (in)validity; what it means to exercise competence; different types of competence; and competence norms.

This is a follow-up article of Strauss 2011. In order to transcend the shortcomings present in the dialectical legacy regarding normativity, this article further explores key elements within the dialectical tradition focused on the basic motive of nature and freedom and the effect it had on modern social contract theories which aimed at reconstructing human society from its “atoms,” the individuals. The transition to an alternative approach commences with a discussion of the distinction between conditions and what is conditioned. It (...) concerns a correlation found within all aspects of reality, namely that between the law side or norm side on the one hand and the factual side on the other. The basic assumption of this alternative view is found in the idea of ontic normativity which is rooted in a non-reductionist ontology. Against this broader background shortcomings in Kelsen’s theory of law are briefly traced to the dialectic of the causal and non-causal, before a positive characterization of the concept of a principle is given. It turned out that it is a compound basic concept in which terms from different modal aspects of reality are encapsulated at once. The recognition of ontic normativity therefore also enables a distinct methodology, the transcendental-empirical method, which makes it possible to distinguish between the pre-positive nature of a principle, as a universal and constant starting-point for human action, and the historically varying ways in which such a principle can be made valid, through a competent organ disposing over an accountable will and capable to interpret the unique historical circumstances in which the principle has to be positivized . The nature of modal norms is highlighted in terms of various examples, such as jural, historical, logical and aesthetic principles, with special reference to Derrida’s understanding of credit as economic trust or economic faith. In order to make this transcendental-empirical method understandable a more detailed account of the nature of modal aspects is given. The emphasis on ontic normativity also helps us to steer clear of conceptions of natural law, historicism and the shortcomings present in the idea of a social construction of the world. The guiding perspective flowing from this analysis is that modal norms can be articulated through an analysis of analogical structural moments on the law sides of the normative aspects. The last part of this article briefly introduces the distinction between modal and typical norms without entering into a discussion of the latter. (shrink)

The analytical tension between legal norms, moral values, and national interests seems no uncharted territory in political science, but has found very little interest in legal academia. For lawyers, moral values and national interests are largely “unknowns,” dealt with by other disciplines. Looking a bit deeper, the picture becomes more nuanced, however. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay argues that norms, values, and interests are not different universes of legal normativity, (...) morality, and specific interests, but are interrelated concepts. Values clearly influence norms and often underpin them, while seemingly concrete norms (rules) are themselves often fragile constructs trying to balance competing interests. Value systems are quite diverse within societies, and this is even truer for interests; each society is a dynamic system of social interaction where conflicting interests are constantly playing out. In a way, underlying conflicts of values and interests are constantly being renegotiated in the legal system, with the norms enshrined in the text of statutes and treaties serving to constitute transitory reference points. (shrink)

What does it mean to know how to do something? This book develops a comprehensive account of know-how, a crucial epistemic goal for all who care about getting things right, not only with respect to the facts, but also with respect to practice. It proposes a novel interpretation of the seminal work of Gilbert Ryle, according to which know-how is a competence, a complex ability to do well in an activity in virtue of guidance by an understanding of what (...) it takes to do so. This idea is developed into a full-fledged account, Rylean responsibilism, which understands know-how in terms of the normative guidance and responsible control of one's acts. Within the complex current debate about know-how, this view occupies a middle ground position between the intellectualist claim that know-how just is propositional or objectual knowledge and the anti-intellectualist claim that know-how just is ability. In genuine know-how, practical ability and guiding intellect are both necessary, but essentially intertwined. (shrink)

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform (...) the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

Competency has become a key concept in education in general over the last four decades. This article examines the development of the competency‐based movement with a particular focus on the significance it has had for nursing education. Our hypothesis is that the competency movement can only adequately be understood if it is analyzed in relation to the broad societal transformation of the last decades—often summarized under the catchword neoliberalism—and with it the emergence of managerial models for Human Resource Management (HRM) (...) for the reorganization of social services. Classical professions, which were characterized under welfarism by an esoteric knowledge based on ethical norms, have now become marketable commodities that can be evaluated in the same way as other commodities. We want to underline that while this development is still under way, it is the concept of competency that was the decisive political instrument enabling this profound change. With the widespread implementation of competency‐based education that now governs nursing knowledge, the development of a critical, oppositional perspective becomes more challenging, if not entirely impossible. We will be focusing primarily on nursing education in Canada, although we maintain that it has relevance for nursing internationally. (shrink)

Definition of the problemThe upcoming reforms according to the specifications of the Master Plan 2020 provide for a competency-oriented restructuring of medical studies. This article aims to develop perspectives on how teaching ethics in medical studies can be more strongly oriented at building competencies. In this way, it pursues the goal of making the concept of competency more tangible for medical ethics and usable for the design of medical ethics education.ArgumentsWe understand competencies as dispositions for actions that enable problem solving. (...) By transferring the concept of moral intelligence to the moral actions of physicians in patient care, we specify five ethical–moral competencies that must be present for morally appropriate, ethically reflected actions by future physicians: (1) the ability to form a professional moral compass, (2) the willingness to align oneself with professional ethical norms and values, (3) the ability to perceive moral dimensions of medical action, (4) the ability to make moral judgments based on ethical considerations about the right action, and (5) the willingness to realize ethically justified action. We illustrate their importance for teaching medical ethics using the example of teaching clinical ethics in medical studies.ConclusionOur conceptualization of moral–ethical competencies can be used to design concrete courses in a competency-oriented way. Our approach could be applied analogously to other areas of teaching ethics in health care. (shrink)

A review of Susanne Mantel's book, Determined by Reasons (Routledge).

The case of May Redwing, an American Indian woman assessed for competence is examined in detail. The case highlights the interconnections between the cultures of medicine and law and notes the importance of criteria of competence assessment, but also underscores the necessity of attention to the patient'scultural background in a multi-disciplinary competence assessment team process. Three interrelated areas of inquiry are explored: (1) Can we expect a morally and politically justifiable assessment of competence from a multi-disciplinary (...) approach? (2) What pitfalls threaten a multi-disciplinary approach? and (3) How are the patient'scultural background and values relevant to a proper assessment of competence? These questions are investigated in the context of analyzing and evaluating a particularly difficult case. Although focused on a specific case, the study is instructive and cautionary for any group undertaking the challenges of multi-disciplinary competence assessment. (shrink)

Over the past few years, individual competencies for sustainability have received a lot of attention in the educational, sustainability and business administration literature. In this article, we explore the meaning of two rather new and unfamiliar moral competencies in the field of corporate sustainability: normative competence and action competence. Because sustainability can be seen as a highly complex or ‘wicked’ problem, it is unclear what ‘normativity’ in the normative competence and ‘responsible action’ in the action (...) competence actually mean. In this article, we raise the question how both these moral competencies have to be understood and how they are related to each other. We argue for a virtue ethics perspective on both moral competencies, because this perspective is able to take the wickedness of sustainability into account. It turns out that virtue ethics enables us to conceptualize normative competence and action competence as two aspects of one virtuous competence for sustainability. (shrink)

Sellars, Brandom, and McDowell (whom Maher aptly calls the “Pittsburgh School”) have tremendous influence on the current shape of the analytic tradition. Despite their differing views on philosophy of language, the philosophy of mind, philosophy of action, and epistemology, their shared application of ‘normative functionalism’ highlights important similarities in their approaches to the aforementioned disciplines. Normative functionalism interprets the ability to form judgments, possess concepts, rationally defend or be critical of judgments, and consequently act as an agent, as (...) largely guided by one’s responsiveness to norms. In this article, I argue for two related claims. First, I argue that the Pittsburgh School’s normative functionalism has germinated from the seed of Sellars’ ‘psychological nominalism’ and cannot be separated from it. Second, no philosophical question or approach can be free of competing claims as to the manner in which human beings think, communicate, act, and know. As a result, normative functionalism (insofar as it is a natural extension of psychological nominalism) is relevant to many philosophical disciplines, because it opposes nearly all the traditional views concerning how the human intellect comes into being and functionally operates. (shrink)

At least four different frameworks — psychiatric, cognitive, functional and decision-making — are used in the evaluation of competence, all of which remain more or less unrelated in the literature. In the first section of this paper we consider various meanings of competence, in order to arrive at a definition of the term relevant to the medical and legal setting. Patient or client competence, we conclude, refers to the practical abilities that individuals employ in pursuing their own (...) autonomous goals in life. We then show how a systematic categorization of these practical abilities — which we call a taxonomy of practical judgment — allows us to show when the traditional frameworks for the evaluation of competence may or may not be useful in the evaluation of a particular competence.In the final section we explore some of the normative considerations underlying the taxonomy. For instance, competence is not only related to intrinsic abilities but to resources available in the community. Here we touch on questions related to the fair distribution of community resources. (shrink)